Family Law Regulations - Intercountry adoptions updated Special Legislative Instrument - SLI 2014 No. 7 - F2014L00213 - Family Law (Bilateral Arrangements—Intercountry Adoption) Amendment (2014 Measures No. 1) Regulation 2014, amends the Family Law (Bilateral Arrangements—Intercountry Adoption) Regulations 1998. This Instrument removes the Peoples Republic of China from Schedule 1 as these Regulations became redundant with the PRCs signing of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption in 2006. The China - Australia Intercountry Adoption Program now operates under the Hague Convention. This Instrument also adds Taiwan, the Republic of Korea (South Korea) and the Federal Democratic Republic of Ethiopia (Ethiopia) to its Schedule 1, to provide that children adopted through Australia’s intercountry adoption programs from these countries will be automatically recognised for the purpose of Australian law, provided criteria outlined in the Principal Regulations are met. Although intercountry adoptions from Ethiopia closed in 2012, this automatic recognition will benefit over 600 Ethiopian born children who have been adopted by Australian parents and whose adoptions are not yet finalised. South Korea has also recently become a signatory to the Hague Convention, but adoptions will continue to be facilitated under the existing bilateral arrangements until this comes into force. The amendment amends the definition of adoption compliance certificate. The amendment also adds two new requirements to the criteria, that the State where the child habitually resides agrees to the adoption and the adoption must have the effect of ending the legal relationship between the child and any individual who was, immediately before the adoption, the childs parent. This Instrument came into force on 4 March 2014.
Posted on: Wed, 13 Aug 2014 05:56:01 +0000
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