Adoption Act 2010
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Chapter 3 Directions of High Court in Relation to Register of Intercountry Adoptions | ||
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Directions of High Court in relation to entries in register of intercountry adoptions. |
92.— (1) If, on application to the High Court in that behalf by a person who may make an application to the Authority under section 90 (3), the High Court is satisfied that an entry with respect to an adoption in the register of intercountry adoptions should be made, cancelled or corrected, the High Court may by order, as appropriate— | |
(a) direct the Authority to procure the making of a specified entry in the register of intercountry adoptions, | ||
(b) subject to subsection (2), direct the Authority to procure the cancellation of the entry concerned in the register of intercountry adoptions, or | ||
(c) direct the Authority to make a specified correction in the register of intercountry adoptions. | ||
(2) Unless satisfied that it would be in the best interests of the adopted person to do so, the High Court shall not give a direction under subsection (1) (b) based solely on the fact that, under the law of the state in which an adoption was effected, the adoption has been set aside, revoked, terminated, annulled or otherwise rendered void. | ||
(3) Where the High Court gives a direction under subsection (1) (b), it may make orders in respect of the adopted person that appear to the High Court— | ||
(a) to be necessary in the circumstances, and | ||
(b) to be in the best interests of the person, | ||
including orders relating to the guardianship, custody, maintenance and citizenship of the person. | ||
(4) An order under subsection (3), notwithstanding anything in any other Act, applies and shall be carried out to the extent necessary to give effect to the order. | ||
(5) If the High Court— | ||
(a) refuses to give a direction under subsection (1)(a), or | ||
(b) gives a direction under subsection (1)(b), | ||
the intercountry adoption effected outside the State shall not be recognised under this Act. | ||
(6) The High Court— | ||
(a) may direct that notice of an application under subsection (1) shall be given by the person making the application to such other persons (including the Attorney General and the Authority) as the High Court may determine, and | ||
(b) of its own motion or on application to it by the person concerned or a party to the application proceedings, may add any person as a party to the proceedings. | ||
(7) The Attorney General— | ||
(a) of his or her own motion, or | ||
(b) if so requested by the High Court, | ||
may make submissions to the High Court in relation to the application, without being added as party to the application proceedings. | ||
(8) If the High Court so determines, proceedings under this section shall be heard in private. |