New South Wales Consolidated Acts

ADOPTION ACT 2000 - SECT 106

106 Adoption in NSW of child from NSW by parents from Convention country

(1) The Court may, on application by the Secretary, make an order for the adoption of a child who is habitually resident in New South Wales by a prospective adoptive parent or parents who are habitually resident in a Convention country.

(2) The Court may make the order only if satisfied that--

(a) the Central Authority of the Convention country has agreed to the adoption of the child, and

(b) the Secretary or principal officer has considered the possibility of placing the child for adoption within Australia and any other action that could be taken by law to care for the child, and

(c) the adoption is in the best interests of the child.

(3) The Court must not make the order if the child is not allowed to leave Australia--

(a) under a law of the Commonwealth or a State, or

(b) because of an order of a court of the Commonwealth or a State.

(4) The best interests of the child are to be determined in accordance with the adoption principles.