Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Despite
section 39(1)(a) and (c) and (2), a person who is habitually resident in
a Convention country who wishes to adopt a child who is habitually resident in
Western Australia may make an application to the Court for an adoption order.
(2) Despite any other
provision in this Part to the contrary, the Court may make an adoption order
on an application under subsection (1) if the Court is satisfied
that —
(a) the
child is in Western Australia;
(b) the
child is not prevented from leaving Australia —
(i)
under a law of the Commonwealth, a State or a Territory;
or
(ii)
because of an order of a court of the Commonwealth, a
State or a Territory;
(c) the
arrangements for the adoption of the child are in accordance with the
requirements of the Hague Convention;
(d) the
Central Authority of the Convention country has agreed to the adoption of the
child;
(e) the
State Central Authority has agreed to the adoption of the child; and
(f) the
application for the adoption complies with such of the provisions of
section 68(1) or (2) as are relevant to the circumstances of or the
arrangements for the adoption.
[Section 78A inserted by No. 7 of 1999
s. 13.]