WAIn ForceAct
Adoption Act 1994
1If the Central Authority of the State of origin is satisfied that the child is adoptable, it shall —
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1 If the Central Authority of the State of origin is satisfied that the child is adoptable, it shall —
*a* prepare a report including information about his or her identity, adoptability, background, social environment, family history, medical history including that of the child’s family, and any special needs of the child;
*b* give due consideration to the child’s upbringing and to his or her ethnic, religious and cultural background;
*c* ensure that consents have been obtained in accordance with Article 4; and
*d* determine, on the basis in particular of the reports relating to the child and the prospective adoptive parents, whether the envisaged placement is in the best interests of the child.
2 It shall transmit to the Central Authority of the receiving State its report on the child, proof that the necessary consents have been obtained and the reasons for its determination on the placement, taking care not to reveal the identity of the mother and the father if, in the State of origin, these identities may not be disclosed.
*Article 17*
Any decision in the State of origin that a child should be entrusted to prospective adoptive parents may only be made if —
*a* the Central Authority of that State has ensured that the prospective adoptive parents agree;
*b* the Central Authority of the receiving State has approved such decision, where such approval is required by the law of that State or by the Central Authority of the State of origin;
*c* the Central Authorities of both States have agreed that the adoption may proceed; and
*d* it has been determined, in accordance with Article 5, that the prospective adoptive parents are eligible and suited to adopt and that the child is or will be authorised to enter and reside permanently in the receiving State.
*Article 18*
The Central Authorities of both States shall take all necessary steps to obtain permission for the child to leave the State of origin and to enter and reside permanently in the receiving State.
*Article 19*
1 The transfer of the child to the receiving State may only be carried out if the requirements of Article 17 have been satisfied.
2 The Central Authorities of both States shall ensure that this transfer takes place in secure and appropriate circumstances and, if possible, in the company of the adoptive or prospective adoptive parents.
3 If the transfer of the child does not take place, the reports referred to in Articles 15 and 16 are to be sent back to the authorities who forwarded them.
*Article 20*
The Central Authorities shall keep each other informed about the adoption process and the measures taken to complete it, as well as about the progress of the placement if a probationary period is required.
*Article 21*
1 Where the adoption is to take place after the transfer of the child to the receiving State and it appears to the Central Authority of that State that the continued placement of the child with the prospective adoptive parents is not in the child’s best interests, such Central Authority shall take the measures necessary to protect the child, in particular —
*a* to cause the child to be withdrawn from the prospective adoptive parents and to arrange temporary care;
*b* in consultation with the Central Authority of the State of origin, to arrange without delay a new placement of the child with a view to adoption or, if this is not appropriate, to arrange alternative long‑term care; an adoption shall not take place until the Central Authority of the State of origin has been duly informed concerning the new prospective adoptive parents;
*c* as a last resort, to arrange the return of the child, if his or her interests so require.
2 Having regard in particular to the age and degree of maturity of the child, he or she shall be consulted and, where appropriate, his or her consent obtained in relation to measures to be taken under this Article.
*Article 22*
1 The functions of a Central Authority under this Chapter may be performed by public authorities or by bodies accredited under Chapter III, to the extent permitted by the law of its State.
2 Any Contracting State may declare to the depositary of the Convention that the functions of the Central Authority under Articles 15 to 21 may be performed in that State, to the extent permitted by the law and subject to the supervision of the competent authorities of that State, also by bodies or person who —
*a* meet the requirements of integrity, professional competence, experience and accountability of that State; and
*b* are qualified by their ethical standards and by training or experience to work in the field of intercountry adoption.
3 A Contracting State which makes the declaration provided for in paragraph 2 shall keep the Permanent Bureau of the Hague Conference on Private International Law informed of the names and addresses of these bodies and persons.
4 Any Contracting State may declare to the depositary of the Convention that adoptions of children habitually resident in its territory may only take place if the functions of the Central Authorities are performed in accordance with paragraph 1.
5 Notwithstanding any declaration made under paragraph 2, the reports provide for in Articles 15 and 16 shall, in every case, be prepared under the responsibility of the Central Authority or other authorities or bodies in accordance with paragraph 1.
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 recognised by operation of law in the other Contracting States. The certificate shall specify when and by whom the agreements under Article 17, sub‑paragraph 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 policy, taking into account the best interests of the child.
*Article 25*
Any Contracting State may declare to the depositary of the Convention that it will not be bound under this Convention to recognise adoptions made in accordance with an agreement concluded by application of Article 39, paragraph 2.
*Article 26*
1 The recognition of an adoption includes recognition of
*a* the legal parent‑child relationship between the child and his or her adoptive parents;
*b* parental responsibility of the adoptive parents for the child;
*c* the termination of a pre‑existing legal relationship between the child and his or her mother and father, if the adoption has this effect in the Contracting State where it was made.
2 In the case of an adoption having the effect of terminating a pre‑existing legal parent‑child relationship, the child shall enjoy in the receiving State, and in any other Contracting State where the adoption is recognised, rights equivalent to those resulting from adoptions having this effect in each such State.
3 The preceding paragraphs shall not prejudice the application of any provision more favourable for the child, in force in the Contracting State which recognises the adoption.
*Article 27*
1 Where an adoption granted in the State of origin does not have the effect of terminating a pre‑existing legal parent‑child relationship, it may, in the receiving State which recognises the adoption under the Convention, be converted into an adoption having such an effect —
*a* if the law of the receiving State so permits; and
*b* if the consent referred to in Article 4, sub‑paragraphs c and d, have been or are given for the purpose of such an adoption.
2 Article 23 applies to the decision converting the adoption.
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, sub‑paragraphs a to c, and Article 5, sub‑paragraph a, have been met, unless the adoption takes place within a 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 information concerning the identity of his or her parents, as well as the medical history, is preserved.
2 They shall ensure that the child or his or her representative has access to such information, under appropriate guidance, in so far as is permitted by the law of that State.
*Article 31*
Without prejudice to Article 30, personal data gathered or transmitted under the Convention, especially data referred to in Articles 15 and 16, shall be used only for the purposes for which they were gathered or transmitted.
*Article 32*
1 No one shall derive improper financial or other gain from an activity related to an intercountry adoption.
2 Only costs and expenses, including reasonable professional fees of person involved in the adoption, may be charged or paid.
3 The directors, administrators and employees of bodies involved in an adoption shall not receive remuneration which is unreasonably high in relation to services rendered.
*Article 33*
A competent authority which finds that any provision of the Convention has not been respected or that there is a serious risk that it may not be respected, shall immediately inform the Central Authority of its State. This Central Authority shall be responsible for ensuring that appropriate measures are taken.
*Article 34*
If the competent authority of the State of destination of a document so requests, a translation certified as being in conformity with the original must be furnished. Unless otherwise provided, the costs of such translation are to be borne by the prospective adoptive parents.
*Article 35*
The competent authorities of the Contracting States shall act expeditiously in the process of adoption.
*Article 36*
In relation to a State which has two or more systems of law with regard to adoption applicable in different territorial units —
*a* any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit of that State;
*b* any reference to the law of that State shall be construed as referring to the law in force in the relevant territorial unit;
*c* any reference to the competent authorities or to be public authorities of that State shall be construed as referring to those authorised to act in the relevant territorial unit;
*d* any reference to the accredited bodies of that State shall be construed as referring to bodies accredited in the relevant territorial unit.
*Article 37*
In relation to a State which with regard to adoption has two or more systems of law applicable to different categories of person, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State.
*Article 38*
A State within which different territorial units have their own rules of law in respect of adoption shall not be bound to apply the Convention where a State with a unified system of law would not be bound to do so.
*Article 39*
1 The Convention does not affect any international instrument to which Contracting States are Parties and which contains provisions on matters governed by the Convention, unless a contrary declaration is made by the States Parties to such instrument.
2 Any Contracting State may enter into agreements with one or more other Contracting States, with a view to improving the application of the Convention in their mutual relations. These agreements may derogate only from the provisions of Articles 14 to 16 and 18 to 21. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.
*Article 40*
No reservation to the Convention shall be permitted.
*Article 41*
The convention shall apply in every case where an application pursuant to Article 14 has been received after the Convention has entered into force in the receiving State and the State of origin.
*Article 42*
The Secretary General of the Hague Conference on Private International Law shall at regular intervals convene a Special Commission in order to review the practical operation of the Convention.
CHAPTER VII — FINAL CLAUSES
*Article 43*
1 The Convention shall be open 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 after the receipt of the notification referred to in sub‑paragraph b of Article 48. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.
*Article 45*
1 If a State has two or more territorial units in which different systems of law are applicable in relation to matter dealt with in the Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.
2 Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.