Intercountry Adoption Act, 1998
Intercountry Adoption Act, 1998, S.O. 1998, c. 29
Bills that amended this Act0
No published amendment links yet for this Act.
Sections94
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Interpretation
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- 1Interpretation
1 (1) In this Act, “Board” means the Child and Family Services Review Board; (“Commission”) “child” means a person under the age of 18 years; (“enfant”) “Convention” means the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption set out in the Schedule; (“Convention”) “Director” means a person or member of a class of persons designated by the regulations; (“directeur”) “intercountry adoption” means, (a) an adoption to which the Convention applies, or (b) any other adoption of a child who is habitually resident outside Canada, by an Ontario resident, (i) that is intended to create a permanent parent-child relationship, and (ii) that is finalized in the child’s country of origin; (“adoption internationale”) “licence” means a licence to facilitate intercountry adoptions issued under section 8, and “licensee” and “licensed” have corresponding meanings; (“…
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Implementation of Convention
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- 2Implementation of Convention
2 (1) The Minister shall request that the Government of Canada declare, in accordance with Article 45 of the Convention, that the Convention extends to Ontario. 1998, c. 29, s. 2 (1). Publication (2) The Minister shall publish in The Ontario Gazette notice of the date the Convention enters into force in Ontario. 1998, c. 29, s. 2 (2).
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- 3Applicability of Convention in Ontario
3 (1) On and after the date the Convention enters into force in respect of Ontario, as determined by Article 46 of the Convention, it has the force of law in Ontario. 1998, c. 29, s. 3 (1). Conflict (2) The law of Ontario also applies to adoptions to which the Convention applies, but if there is a conflict between the law of Ontario and the Convention, the Convention prevails. 1998, c. 29, s. 3 (2).
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- 4Central Authority
4 For the purposes of the Convention’s application in Ontario, the Central Authority is the person designated by the regulations. 1998, c. 29, s. 4.
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Intercountry Adoption Requirements Intercountry adoption
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- 5Application, homestudy and approval required
5 (1) No person who is habitually resident in Ontario shall leave Ontario for the purpose of an intercountry adoption or finalize an intercountry adoption without first, (a) making an application to a licensee; (b) obtaining an adoption homestudy to assess the person’s eligibility and suitability to adopt, and submitting a report of the adoption homestudy to a Director; and (c) obtaining the Director’s approval, on the basis of the adoption homestudy. 1998, c. 29, s. 5 (1). Director (2) The application may be made to a Director rather than to a licensee, in which case the report of the adoption homestudy shall be submitted to the same Director. 1998, c. 29, s. 5 (2). Who may make adoption homestudy (3) The report of the adoption homestudy shall be prepared by a person who, in the Director’s opinion, is qualified to make an adoption homestudy. 1998, c. 29, s. 5 (3). (3.1) Repealed: 2024, …
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- 6Request of foreign authority for review of proposed adoption
6 (1) When an intercountry adoption by an Ontario resident is proposed, the authority responsible for adoption matters in the child’s country of origin may request that a Director review the proposed adoption. 1998, c. 29, s. 6 (1). Review by Director (2) The Director shall promptly review the proposed adoption and, (a) approve it unconditionally; (b) approve it subject to any conditions the Director considers appropriate; or (c) refuse to approve it. 1998, c. 29, s. 6 (2). Notice (3) The Director shall promptly give notice of the approval, the approval subject to conditions or the refusal, as the case may be, (a) to the Ontario resident; (b) to the licensee, if any; and (c) to the foreign authority. 1998, c. 29, s. 6 (3). Right to hearing (4) When a Director gives notice of a refusal or of an approval subject to conditions, the Ontario resident is entitled to a hearing before the Board.…
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- 7Sharing information
7 If a Director is aware of an application under section 5, has reviewed the report of an adoption homestudy under section 5 or a proposed adoption under section 6, or is otherwise aware that an Ontario resident is pursuing an intercountry adoption, the Director may share relevant information with, (a) the authorities responsible for adoption matters, child welfare, the administration of justice and law enforcement in the child’s country of origin; (b) the Government of Canada and its agencies; (c) the governments of other provinces and territories of Canada and their agencies; and (d) a prescribed person or body. 1998, c. 29, s. 7.
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Licensing and Hearings
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- 8Licences
8 (1) No person except a Director or a licensee shall facilitate an intercountry adoption. 1998, c. 29, s. 8 (1). Issuing licence (2) Subject to subsection (4), a person who applies for a licence in accordance with the regulations and pays the prescribed fee is entitled to be issued a licence by a Director, subject to any conditions imposed by the Director. 1998, c. 29, s. 8 (2). Renewal (3) Subject to subsection (4), a licensee who applies for renewal of the licence in accordance with the regulations and pays the prescribed fee is entitled to have the licence renewed by a Director, subject to any conditions imposed by the Director. 1998, c. 29, s. 8 (3). Provisional licence or renewal (4) If an applicant for a licence or renewal does not meet all the requirements for the issuing or renewal of the licence and requires time to meet them, a Director may issue a provisional licence for the …
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- 8.1Conditions of licence
8.1 (1) On issuing or renewing a licence or at any other time, a Director may impose on the licence the conditions that the Director considers appropriate. 2017, c. 14, Sched. 4, s. 18 (3). Amending conditions (2) A Director may, at any time, amend the conditions imposed on the licence. 2017, c. 14, Sched. 4, s. 18 (3). Notice (3) The Director shall notify the licensee in writing of the imposition or amendment of the conditions. 2017, c. 14, Sched. 4, s. 18 (3). Contents of notice (4) The notice shall set out the reasons for imposing or amending the conditions and shall state that the licensee is entitled to a hearing by the Tribunal if they request one in accordance with section 12. 2017, c. 14, Sched. 4, s. 18 (3). Conditions take effect upon notice (5) The imposition or amendment of conditions takes effect immediately upon the licensee’s receipt of the notice and is not stayed by a re…
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- 8.1 #13Conditions of licence
- 9Refusal to issue licence
9 A Director may propose to refuse to issue a licence if, in his or her opinion, (a) the applicant, an employee of the applicant or, if the applicant is a corporation, an officer or director of the applicant is not competent to facilitate intercountry adoptions in a responsible manner in accordance with this Act and the regulations; (b) the past conduct of the applicant, an employee of the applicant or, if the applicant is a corporation, an officer or director of the applicant affords reasonable grounds for belief that intercountry adoptions will not be facilitated in a responsible manner in accordance with this Act and the regulations; or (c) a ground exists that is prescribed as a ground for refusing to issue a licence. 1998, c. 29, s. 9; 2017, c. 14, Sched. 4, s. 18 (4, 5). Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 4, s. 18 (4, 5) -30/04/2018
- 10Refusal to renew, revocation
10 A Director may propose to revoke or refuse to renew a licence if, in his or her opinion, (a) the licensee, an employee of the licensee or, if the licensee is a corporation, an officer or director of the licensee has contravened or has knowingly permitted a person under his or her control or direction or associated with him or her to contravene, (i) this Act or the regulations, (ii) another Act, or the regulations made under another Act, that applies to adoptions, or (iii) a condition of the licence; (b) intercountry adoptions are being facilitated in a manner that is prejudicial to the health, safety or welfare of children; (c) a person has made a false statement in the application for the licence or for its renewal, or in a report or document required to be furnished by this Act or the regulations, or by another Act or the regulations made under another Act that applies to adoptions;…
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- 11Notice of proposal
11 (1) If a Director proposes to refuse to issue a licence under section 9 or to revoke or refuse to renew a licence under section 10, he or she shall cause notice of the proposal, together with written reasons, to be served on the applicant or licensee. 1998, c. 29, s. 11 (1). Right to hearing (2) The applicant or licensee is entitled to a hearing by the Tribunal if the applicant or licensee mails or delivers to the Director and to the Tribunal, within 10 days after the notice is served, a written request for a hearing, and the notice shall so inform the applicant or licensee. 1998, c. 29, s. 11 (2); 1999, c. 12, Sched. G, s. 25 (4). Note: Despite the amendments made to subsection (2) by the Statutes of Ontario, 1999, chapter 12, Schedule G, subsection 25 (4), members of the Child and Family Services Review Board immediately before April 1, 2000 shall be members of the Licence Appeal Tr…
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- 12Tribunal review of licence conditions
12 (1) A licensee who is dissatisfied with a condition imposed by a Director under subsection 8 (2), (3) or (4) or section 8.1 is entitled to a hearing by the Tribunal if the licensee mails or delivers to the Director and to the Tribunal, within 15 days after receiving the licence, a written request for a hearing. 1998, c. 29, s. 12 (1); 1999, c. 12, Sched. G, s. 25 (4); 2009, c. 33, Sched. 7, s. 3 (3). Note: Despite the amendments made to subsection (1) by the Statutes of Ontario, 1999, chapter 12, Schedule G, subsection 25 (4), members of the Child and Family Services Review Board immediately before April 1, 2000 shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of the Tribunal with respect to proceedings before the Board that were commenced before April 1, 2000. Powers of Tribunal (2) If a hearing is requested, the Tribunal shall set a time for a…
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- 13Extension of time: hearings, renewals
13 (1) The Board may extend the time fixed for requesting a hearing under subsection 5 (6) or 6 (4), either before or after its expiration, if, (a) it appears to the Board that there are reasonable grounds for granting relief to the applicant or licensee; and (b) the Board is satisfied that the applicant or licensee has reasonable grounds to seek an extension. 1998, c. 29, s. 13 (1); 1999, c. 12, Sched. G, s. 25 (6). Directions (2) The Board may give such directions as it considers proper in connection with an extension. 1998, c. 29, s. 13 (2). Continuation of licence pending renewal (3) Subject to section 14, if a licensee has applied for renewal of the licence and paid the prescribed fee within the prescribed time or, if no time is prescribed, before the licence expires, the licence is deemed to continue, (a) until the renewal is granted; or (b) if the licensee is served with notice th…
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- 14Suspension of licence
14 (1) A Director may, by causing notice to be served on a licensee, suspend the licence, if in his or her opinion the manner in which intercountry adoptions are being facilitated is an immediate threat to the health, safety or welfare of children. 2017, c. 14, Sched. 4, s. 18 (9). Contents of notice (2) The notice shall contain a statement of the grounds for suspension. 1998, c. 29, s. 14 (2). When suspension takes effect (3) The suspension takes effect on the day the licensee receives the notice and is not stayed by a request for a hearing by the Tribunal. 2017, c. 14, Sched. 4, s. 18 (10). Application of s. 11 (2-5) (4) Subsections 11 (2), (3), (4) and (5) apply, with necessary modifications. 1998, c. 29, s. 14 (4). Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 4, s. 18 (9, 10) - 30/04/2018
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- 15Hearing, parties
15 (1) The Director, the applicant or licensee who requests the hearing and any other persons that the Tribunal specifies are parties to the proceeding. 1998, c. 29, s. 15 (1); 1999, c. 12, Sched. G, s. 25 (7). Prior involvement (2) A member of the Tribunal who has taken part before a hearing in any investigation or consideration of its subject matter shall not take part in the hearing. 1998, c. 29, s. 15 (2); 1999, c. 12, Sched. G, s. 25 (7). Discussion of subject matter of hearing (3) A member of the Tribunal who takes part in a hearing shall not communicate about the subject matter of the hearing with any person (except another member, a lawyer who does not represent any party, or an employee of the Tribunal) unless all parties are notified and given an opportunity to participate. 1998, c. 29, s. 15 (3); 1999, c. 12, Sched. G, s. 25 (7). Independent legal advice (4) The Tribunal may s…
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- 16Appeal
16 (1) An appeal lies to the Divisional Court from the Tribunal’s decision. 1998, c. 29, s. 16 (1); 1999, c. 12, Sched. G, s. 25 (9). Record to be filed (2) When notice of an appeal is filed, the Tribunal shall promptly file with the court the record of the proceeding in which the decision appealed from was made. 1998, c. 29, s. 16 (2); 1999, c. 12, Sched. G, s. 25 (9). Minister (3) The Minister is entitled to be heard, by counsel or otherwise, on the argument of the appeal. 1998, c. 29, s. 16 (3). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. G, s. 25 (9) - 01/04/2000
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- 16.1No automatic stay on appeal to court
16.1 (1) An appeal to the Divisional Court from the Tribunal’s decision does not stay the decision unless the Divisional Court orders otherwise upon being satisfied that a stay will not cause harm or a risk of harm to the health, safety or welfare of a child. 2024, c. 17, s. 36 (3). Application to remove stay — new circumstances (2) The Director may apply for the removal of a stay ordered by the Divisional Court under subsection (1) on the grounds that the circumstances have changed since the order was made. 2024, c. 17, s. 36 (3). Removal of stay (3) If the Director has applied under subsection (2) and the Divisional Court is satisfied that the circumstances have changed, the Court shall remove the stay unless it is satisfied that continuing the stay will not cause harm or a risk of harm to the health, safety or welfare of a child. 2024, c. 17, s. 36 (3). Section Amendments with date in…
- 17Inspections by Director
17 (1) For the purpose of determining compliance with this Act and the regulations, a Director or a person who has a Director’s written authorization may, at any reasonable time and without a warrant or notice, enter the premises of a licensee in order to conduct an inspection. 2017, c. 14, Sched. 4, s. 18 (11). Limitation, dwelling (2) The power to enter and inspect a premises described in subsection (1) shall not be exercised to enter and inspect any room or place actually being used as a dwelling, except with the consent of the occupier. 2017, c. 14, Sched. 4, s. 18 (11). Identification (3) A Director or a person who has a Director’s written authorization conducting an inspection shall, upon request, produce proper identification. 2017, c. 14, Sched. 4, s. 18 (11). Application of Child, Youth and Family Services Act, 2017 provisions (4) The following provisions of the Child, Youth and…
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- 17 #23Inspections by Director
- 18Licence and records to be delivered
18 If a licence is revoked or renewal of it refused, or if a licensee ceases to facilitate intercountry adoptions, the licensee shall, (a) promptly deliver the licence to a Director or to the Minister; and (b) deliver all the records in the licensee’s possession or control that relate to the children to whom services were being provided to a prescribed person or entity within the prescribed time. 2017, c. 14, Sched. 4, s. 18 (12). Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 4, s. 18 (12) - 30/04/2018
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Offences
- 18 #25Licence and records to be delivered
- 19No payments for intercountry adoption
19 No person shall give, receive or agree to give or receive a payment or reward of any kind in connection with an intercountry adoption or proposed intercountry adoption, except for, (a) the expenses of a licensee that belong to a prescribed class, or such other expenses as are approved by a Director; (b) the expenses of a person referred to in subsection 5 (3) that belong to a prescribed class; (c) the expenses of a Director that belong to a prescribed class; and (d) proper legal fees and disbursements. 1998, c. 29, s. 19.
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- 20Offence, penalty
20 (1) A person who contravenes subsection 5 (1) (application, homestudy and approval required) is guilty of an offence and on conviction is liable to a fine of not more than $5,000 or to imprisonment for not more than two years, or to both. 1998, c. 29, s. 20 (1); 2017, c. 14, Sched. 4, s. 18 (13). Same (2) A person who contravenes subsection 8 (1) (facilitating intercountry adoptions without licence), and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation, is guilty of an offence and on conviction is liable to a fine of not more than $5,000 for each day on which the offence continues or to imprisonment for not more than one year, or to both. 1998, c. 29, s. 20 (2); 2017, c. 14, Sched. 4, s. 18 (14). Same (3) Every person who knowingly furnishes false information in an application under subsection 8 (2) or (3) (…
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General
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- 21Non-application of FIPPA and MFIPPA
21 The Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act do not apply to information that relates to an intercountry adoption or proposed intercountry adoption. 1998, c. 29, s. 21.
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- 22Child, Youth and Family Services Act, 2017, s. 227
22 Directors and licensees under this Act are deemed to be licensees for the purposes of section 227 of the Child, Youth and Family Services Act, 2017 (confidentiality of adoption records). 2017, c. 14, Sched. 4, s. 18 (16). Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 4, s. 18 (16) - 30/04/2018
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- 22.1Police record checks
22.1 The Lieutenant Governor in Council may, by regulation, require prescribed persons to provide a police record check concerning the person to any other person or body in accordance with the regulations. 2024, c. 17, s. 36 (4). Section Amendments with date in force (d/m/y) 2024, c. 17, s. 36 (4) - 06/06/2024
- 22.2Declarations and notices
22.2 The Lieutenant Governor in Council may, by regulation, require prescribed persons to provide to any person or body, in accordance with the regulations, declarations and notices that, (a) relate to the person’s criminal convictions, charges and offences, including offences where there are outstanding warrants; and (b) include the prescribed information. 2024, c. 17, s. 36 (4). Section Amendments with date in force (d/m/y) 2024, c. 17, s. 36 (4) - 06/06/2024
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- 22 #32Child, Youth and Family Services Act, 2017, s. 227
- 23Conflict
23 If there is a conflict between this Act and any other Act, this Act prevails. 1998, c. 29, s. 23.
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Regulations
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- 24Regulations
24 The Lieutenant Governor in Council may make regulations, (a) designating the Central Authority in accordance with Article 6 of the Convention; (b) assigning functions of the Central Authority to public authorities, accredited bodies or other bodies or persons in accordance with Article 22 of the Convention; (c) defining words and expressions used but not defined in the Convention; (d) further defining “intercountry adoption” for the purpose of this Act; (e) exempting from this Act, a provision of this Act, the regulations or a provision of the regulations, (i) a class or classes of intercountry adoptions, or (ii) a class or classes of persons; (e.1) Repealed: 2024, c. 17, s. 36 (5); (f) prescribing persons and classes of persons and bodies and classes of bodies for the purpose of clause 7 (d); (g) defining “facilitate” for the purpose of subsection 8 (1); (h) governing the issuing, re…
- SCHEDULE
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Transition
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- 25Transition
25 (1) This Act does not apply to an intercountry adoption if, (a) before the effective date, (i) an application to adopt the child has been made to an authority responsible for adoption matters in the child’s country of origin, or has been received by the Ministry of Community and Social Services or the National Adoption Desk of Human Resources Development (Canada), (ii) the child has been placed with the proposed adoptive parent, or (iii) the consents and approvals necessary for the adoption have been given; and (b) the adoption is finalized within 24 months after the effective date. 1998, c. 29, s. 25 (1). Same (2) A report of an adoption homestudy that was prepared before the effective date may be used for the purposes of subsection 5 (1) if the person who prepared it is a person referred to in subsection 5 (3). 1998, c. 29, s. 25 (2). Definition (3) In subsections (1) and (2), “effe…
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26 Omitted (provides for coming into force of provisions of this Act). 1998, c. 29, s. 26.
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27 Omitted (enacts short title of this Act). 1998, c. 29, s. 27.
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SCHEDULE CONVENTION ON PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION The States signatory to the present Convention, Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding, Recalling that each State should take, as a matter of priority, appropriate measures to enable the child to remain in the care of his or her family of origin, Recognizing that intercountry adoption may offer the advantage of a permanent family to a child for whom a suitable family cannot be found in his or her State of origin, Convinced of the necessity to take measures to ensure that intercountry adoptions are made in the best interests of the child and with respect for his or her fundamental rights, and to prevent the abduction, the sale of, or traffic in…
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CHAPTER 1 — SCOPE OF THE CONVENTION Article 1 The objects of the present Convention are, (a) to establish safeguards to ensure that intercountry adoptions take place in the best interests of the child and with respect for his or her fundamental rights as recognized in international law; (b) to establish a system of co-operation amongst Contracting States to ensure that those safeguards are respected and thereby prevent the abduction, the sale of, or traffic in children; (c) to secure the recognition in Contracting States of adoptions made in accordance with the Convention. Article 2 1. The Convention shall apply where a child habitually resident in one Contracting State (’the State of origin’) has been, is being, or is to be moved to another Contracting State (’the receiving State’) either after his or her adoption in the State of origin by spouses or a person habitually resident in the …
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CHAPTER II — REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS Article 4 An adoption within the scope of the Convention shall take place only if the competent authorities of the State of origin, (a) have established that the child is adoptable; (b) have determined, after possibilities for placement of the child within the State of origin have been given due consideration, that an intercountry adoption is in the child’s best interests; (c) have ensured that, (1) the persons, institutions and authorities whose consent is necessary for adoption, have been counselled as may be necessary and duly informed of the effects of their consent, in particular whether or not an adoption will result in the termination of the legal relationship between the child and his or her family of origin, (2) such persons, institutions and authorities have given their consent freely, in the required legal form, and expresse…
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CHAPTER III — CENTRAL AUTHORITIES AND ACCREDITED BODIES Article 6 1. A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention upon such authorities. 2. Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and to specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State. Article 7 1. Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their States to protect children and to achieve the other objects of the Convention. 2. They shall take directly …
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CHAPTER IV — PROCEDURAL REQUIREMENTS IN INTERCOUNTRY ADOPTION Article 14 Persons habitually resident in a Contracting State, who wish to adopt a child habitually resident in another Contracting State, shall apply to the Central Authority in the State of their habitual residence. Article 15 1. If the Central Authority of the receiving State is satisfied that the applicants are eligible and suited to adopt, it shall prepare a report including information about their identity, eligibility and suitability to adopt, background, family and medical history, social environment, reasons for adoption, ability to undertake an intercountry adoption, as well as the characteristics of the children for whom they would be qualified to care. 2. It shall transmit the report to the Central Authority of the State of origin. Article 16 1. If the Central Authority of the State of origin is satisfied that the …
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CHAPTER V — RECOGNITION AND EFFECTS OF THE ADOPTION Article 23 1. An adoption certified by the competent authority of the State of the adoption as having been made in accordance with the Convention shall be recognized by operation of law in the other Contracting States. The certificate shall specify when and by whom the agreements under Article 17, subparagraph (c), were given. 2. Each Contracting State shall, at the time of signature, ratification, acceptance, approval or accession, notify the depositary of the Convention of the identity and the functions of the authority or the authorities which, in that State, are competent to make the certification. It shall also notify the depositary of any modification in the designation of these authorities. Article 24 The recognition of an adoption may be refused in a Contracting State only if the adoption is manifestly contrary to its public pol…
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CHAPTER VI — GENERAL PROVISIONS Article 28 The Convention does not affect any law of a State of origin which requires that the adoption of a child habitually resident within that State take place in that State or which prohibits the child’s placement in, or transfer to, the receiving State prior to adoption. Article 29 There shall be no contact between the prospective adoptive parents and the child’s parents or any other person who has care of the child until the requirements of Article 4, subparagraphs (a) to (c), and Article 5, subparagraph (a), have been met, unless the adoption takes place within the family or unless the contact is in compliance with the conditions established by the competent authority of the State of origin. Article 30 1. The competent authorities of a Contracting State shall ensure that information held by them concerning the child’s origin, in particular informat…
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CHAPTER VII — FINAL CLAUSES Article 43 1. The Convention shall be opened for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Seventeenth Session and by the other States which participated in that Session. 2. It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention. Article 44 1. Any other State may accede to the Convention after it has entered into force in accordance with Article 46, paragraph 1. 2. The instrument of accession shall be deposited with the depositary. 3. Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the six months aft…
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