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Adoption Act 1994
2The Convention covers only adoptions which create a permanent parent‑child relationship.
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2 The Convention covers only adoptions which create a permanent parent‑child relationship.
*Article 3*
The Convention ceases to apply if the agreements mentioned in Article 17, sub‑paragraph c, have not been given before the child attains the age of eighteen years.
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 the 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 expressed or evidenced in writing,
(3) the consents have not been induced by payment or compensation of any kind and have not been withdrawn, and
(4) the consent of the mother, where required, has been given only after the birth of the child; and
*d* have ensured, having regard to the age and degree of maturity of the child, that
(1) he or she has been counselled and duly informed of the effects of the adoption and of his or her consent to the adoption, where such consent is required,
(2) consideration has been given to the child’s wishes and opinions,
(3) the child’s consent to the adoption, where such consent is required, has been given freely, in the required legal form, and expressed or evidenced in writing, and
(4) such consent has not been induced by payment or compensation of any kind.
*Article 5*
An adoption within the scope of the convention shall take place only if the competent authorities of the receiving State —
*a* have determined that the prospective adoptive parents are eligible and suited to adopt;
*b* have ensured that the prospective adoptive parents have been counselled as may be necessary; and
*c* have determined that the child is or will be authorised to enter and reside permanently in that State.
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 cooperate with each other and promote cooperation amongst the competent authorities in their States to protect children and to achieve the other objects of the Convention.
2 They shall take directly all appropriate measures to —
*a* provide information as to the laws of their States concerning adoption and other general information, such as statistics and standard forms;
*b* keep one another informed about the operation of the Convention and, as far as possible, eliminate any obstacles to it application.
*Article 8*
Central Authorities shall take, directly or through public authorities, all appropriate measures to prevent improper financial or other gain in connection with an adoption and to deter all practices contrary to the objects of the Convention.
*Article 9*
Central Authorities shall take, directly or through public authorities or other bodies duly accredited in their State, all appropriate measures, in particular to —
*a* collect, preserve and exchange information about the situation of the child and the prospective adoptive parents, so far as is necessary to complete the adoption;
*b* facilitate, follow and expedite proceedings with a view to obtaining the adoption;
*c* promote the development of adoption counselling and post‑adoption services in their States;
*d* provide each other with general evaluation reports about experience with intercountry adoption;
*e* reply, in so far as is permitted by the law of their State, to justified requests from other Central Authorities or public authorities for information about a particular adoption situation.
*Article 10*
Accreditation shall only be granted to and maintained by bodies demonstrating their competence to carry out properly the tasks with which they may be entrusted.
*Article 11*
An accredited body shall —
*a* pursue only non‑profit objectives according to such conditions and within such limits as may be established by the competent authorities of the State of accreditation;
*b* be directed and staffed by persons qualified by their ethical standards and by training or experience to work in the field of intercountry adoption; and
*c* be subject to supervision by competent authorities of that State as to its composition, operation and financial situation.
*Article 12*
A body accredited in one Contracting State may act in another Contracting State only if the competent authorities of both States have authorised it to do so.
*Article 13*
The designation of the Central Authorities and where appropriate, the extent of their functions, as well as the names and addresses of the accredited bodies shall be communicated by each Contracting State to the Permanent Bureau of the Hague Conference on Private International Law.
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*