South Australian Current Acts

ADOPTION ACT 1988 - SECT 21

21—Recognition of adoption under foreign law

        (a1)         Subject to any law of the Commonwealth, an adoption order made under the law of a Convention country will be recognised under the law of the State as having the same effect as an adoption order under the law of the State.

        (1)         An adoption order made (after the commencement of this Act) under the law of any other country outside Australia will be recognised under the law of the State as having the same effect as an adoption order under the law of the State if—

            (a)         the order was made in accordance with the law of that country; and

            (b)         when the order was made, each applicant was domiciled in that country or had been resident in that country for at least 12 months; and

            (c)         the circumstances in which the order was made would, if they had existed in this State, have constituted a sufficient basis for making an adoption order under this Act; and

            (d)         the proceedings in which the order was made involved no denial of natural justice or failure to observe the requirements of substantial justice.

        (2)         The Court may, on the application of an interested person, declare that an adoption order made under the law of a country outside Australia is or is not one that is to be recognised under the law of the State.

        (3)         The Attorney-General is entitled to intervene in any proceedings under subsection (2).

        (4)         Where immediately before the commencement of this Act an adoption order made under the law of a country outside Australia was recognised as having the same effect as an adoption order made in this State, the order continues to be so recognised.