re LDC

The matter before the Family Court of Australia was an application for an adoption order concerning a child born in the Philippines. The case, known as re LDC, involved an application under the Family Law (Hague Convention on Intercountry Adoption) Regulations. The primary legal issues were whether the adoption arrangements were made in accordance with the Intercountry Adoption Convention, and whether the requisite reports and agreements were provided to and from the Central Authorities in both the Philippines and Australia.

The court examined whether the adoption arrangements complied with the requirements of the Convention. Specifically, the court considered if there was evidence of a report to the Central Authority in the Philippines and a corresponding report from the Central Authority in the Philippines to the Central Authority in Australia, as required by the Convention. Additionally, the court scrutinised whether the Central Authority in the Philippines had agreed to the adoption, which is another mandatory requirement under the Convention. The court found that there was no evidence of these reports or the necessary agreement from the Central Authority in the Philippines, which led to the conclusion that the adoption arrangements did not comply with the Convention.

As a result of the non-compliance with the Convention, the court declined to make an adoption order. The decision underscores the importance of adhering to international conventions and domestic regulations in intercountry adoptions to ensure the welfare and rights of the child are protected. The court’s decision highlights that without proper documentation and compliance with the Convention’s requirements, an adoption order cannot be granted.