Victorian Current Acts Victorian Current Acts(1) A person specified in subsection (2) may apply to the Court for an order declaring that an adoption of a person was effected (whether before or after the commencement of this Act) under the law of a country, other than New Zealand, outside the Commonwealth and the Territories, and that the adoption is one to which section 67 applies, and the Court may hear and determine the application and, if it thinks fit, make an order accordingly.
(2) The persons who may make an application under subsection (1) in relation to an adoption are the adopted child, the adoptive parent or either or both the adoptive parents, or a person tracing a relationship, by virtue of the adoption, through or to the adopted child.
S. 69(3) amended by No.
46/1998
s. 7(Sch. 1).
(3) Where an application is made to a Court under this section, the Court shall direct that notice of the application be given to the Secretary and may do any or all of the following—
S. 69(3)(a) amended by Nos 69/1989
s. 11(1)(d), 46/1998
s. 7(Sch. 1) (as amended by No. 12/1999
s. 3(Sch. 1 item 1)), 32/2015 s. 6, 20/2022 s. 55.
(a) direct that notice of the application be given to such other persons as the Court thinks fit;
(b) direct that a person be made a party to the application; or
S. 69(3)(c) amended by No.
46/1998
s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 1)).
(c) permit the Secretary or any other person having an interest in the matter to intervene in, and become a party to, the proceedings.
(4) Where the Court makes an order upon the application—
(a) it may include in the order such particulars in relation to the adoption, the adopted child and the adoptive parent or parents as the Court finds to be established; and
(b) it shall issue to the adoptive parent or adoptive parents a certificate stating the date on which the order was made, the name of the adoptive parent or adoptive parents, the name of the child and such other matters as the Court determines.
(5) For the purposes of the laws of Victoria, an order under this section binds the Crown in right of the State of Victoria, but, except as provided in subsection (6), does not affect—
(a) the rights of another person unless that person was—
(i) a party to the proceedings for the order or a person claiming through such a party; or
(ii) a person to whom notice of the application for the order was given or a person claiming through such a person; or
(b) an earlier judgment, order or decree of a court of competent jurisdiction.
(6) In proceedings in a Court in which an order
has been made under this section, being proceedings relating to the rights of
a person other than a person referred to in subparagraph (i) or (ii) of
paragraph (a) of subsection (5), the production of a copy of the order,
certified by the Prothonotary or the Registrar of the Court to be a true copy,
shall be evidence that an adoption was effected in accordance with the
particulars contained in the order and that the adoption is one to which
section 67 applies.
Pt 4A (Heading and ss 69A– 69S) inserted by No. 32/2000 s. 4.
Part IVA—Adoptions under the Hague Convention
Division 1—Court orders and recognition of adoptions
S. 69A inserted by No. 32/2000 s. 4.