Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
sections 136A, 136B, 136C, 136D, 138A and 138B, an order for the adoption
of a person that was made in a country other than Australia (whether before or
after the commencement of this Act) is to be treated as having the same effect
as an adoption order made under this Act if —
(a) the
order is in accordance with and has not been rescinded under the law of that
country;
(b)
either —
(i)
when the order was made the adoptive
parent —
(I) was domiciled; or
(II) had been resident
for at least 12 months,
in that country; or
(ii)
before the order was made, the adoptee had been placed
with the adoptive parent with the agreement and on the conditions approved by
the CEO or a person whose functions in another State or a Territory correspond
to those of the CEO under this Act;
(c) the
proceedings in which the order was made involved no denial of natural justice
or failure to observe the requirements of substantial justice; and
(d) as a
consequence of the adoption, the adoptive parent, according to the law of that
country —
(i)
has a right superior to that of the adoptee’s birth
parents in relation to all the duties, powers, responsibilities and authority
which, by law, parents have in relation to children; and
(ii)
is placed in a relationship with the adoptee that is
treated as a parent and child relationship (even though the adoptee may be 18
or more years of age).
(2) In any proceedings
it is to be presumed, unless the contrary appears, that an order for the
adoption of a person that was made in a country other than Australia, complies
with subsection (1).
(3) Any of the parties
to an adoption under an order made under a law of a country other than
Australia may apply to the Court for a declaration that the order complies
with subsection (1).
(4) On an application
under subsection (3) the Court may —
(a)
direct that notice of the application be given to such persons, who may
include the Attorney General or the CEO, as the Court thinks fit;
(b)
direct that a person be made a party to the application; or
(c)
permit a person having an interest in the matter to intervene in, and become a
party to, the proceedings.
(5) Where, on an
application under subsection (3) the Court makes an order or declaration,
such particulars in relation to the adoption and the parties to the adoption
as the Court finds to be established may be included in the order or
declaration.
(6) For the purposes
of the law of this State, an order or declaration under this
section binds the Crown in right of the State, whether or not a notice of
the application for the order was given to the Attorney General or the CEO,
but, does not affect —
(a) the
rights of another person unless that person was —
(i)
a party to the proceedings for the order or declaration,
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.
(7) In any proceedings
affected by an order or declaration made under this section, being proceedings
relating to the rights of a person other than a person referred to in
subsection (6)(a)(i) or (ii), the production of a copy of the order or
declaration certified by the registrar of the Court to be a true copy of the
order is evidence that —
(a) an
adoption was effected in accordance with the particulars contained in the
order or declaration; and
(b) the
adoption is one to which this section applies.
[Section 138 amended by No. 41 of 1997
s. 24; No. 7 of 1999 s. 6 and 17; No. 34 of 2004
Sch. 2 cl. 2(8).]