Interpretation
(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,
an adoption to which the Convention applies, or
any other adoption of a child who is habitually resident outside Canada, by an Ontario resident,
that is intended to create a permanent parent-child relationship, and
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; (“permis”, “titulaire de permis”, “autorisé en vertu d’un permis”)
“Minister” means the Minister of Children and Youth Services or such other member of the Executive Council as may be designated under the Executive Council Act to administer this Act; (“ministre”)
“prescribed” means prescribed by the regulations; (“prescrit”)
“regulations” means the regulations made under this Act; (“règlements”)
“Tribunal” means the Licence Appeal Tribunal. (“Tribunal”) ; ; ;
Words and expressions used in this Act have the same meaning as the corresponding words and expressions in the Convention.
Implementation of Convention
(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.
The Minister shall publish in The Ontario Gazette notice of the date the Convention enters into force in Ontario.
(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.
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.
For the purposes of the Convention’s application in Ontario, the Central Authority is the person designated by the regulations.
Intercountry Adoption Requirements
(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,
making an application to a licensee;
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
obtaining the Director’s approval, on the basis of the adoption homestudy.
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.
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.
[Repealed]
The Director shall review the report of the adoption homestudy promptly and,
approve the person unconditionally;
approve the person subject to any conditions the Director considers appropriate; or
refuse to approve the person.
The Director shall promptly give notice of the approval, the approval subject to conditions or the refusal, as the case may be,
to the person who is the subject of the adoption homestudy;
to the licensee, if any; and
to the authority responsible for adoption matters in the child’s country of origin.
When a Director gives notice of a refusal or of an approval subject to conditions, the person is entitled to a hearing before the Board.
(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.
The Director shall promptly review the proposed adoption and,
approve it unconditionally;
approve it subject to any conditions the Director considers appropriate; or
refuse to approve it.
The Director shall promptly give notice of the approval, the approval subject to conditions or the refusal, as the case may be,
to the Ontario resident;
to the licensee, if any; and
to the foreign authority.
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.
the authorities responsible for adoption matters, child welfare, the administration of justice and law enforcement in the child’s country of origin;
the Government of Canada and its agencies;
the governments of other provinces and territories of Canada and their agencies; and
a prescribed person or body.
Licensing and Hearings
(1) No person except a Director or a licensee shall facilitate an intercountry adoption.
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.
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.
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 period the Director considers necessary to give the applicant time to meet the requirements, and may impose conditions on the provisional licence.
A licence is not transferable.
(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.
A Director may, at any time, amend the conditions imposed on the licence.
The Director shall notify the licensee in writing of the imposition or amendment of the conditions.
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.
The imposition or amendment of conditions takes effect immediately upon the licensee’s receipt of the notice and is not stayed by a request for a hearing by the Tribunal.
Every licensee shall comply with the conditions to which the licence is subject.
A Director may propose to refuse to issue a licence if, in his or her opinion,
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;
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
a ground exists that is prescribed as a ground for refusing to issue a licence. ;
A Director may propose to revoke or refuse to renew a licence if, in his or her opinion,
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,
this Act or the regulations,
another Act, or the regulations made under another Act, that applies to adoptions, or
a condition of the licence;
intercountry adoptions are being facilitated in a manner that is prejudicial to the health, safety or welfare of children;
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;
a change has occurred in the employees, officers or directors of the applicant that would, if the applicant were applying for the licence in the first instance, afford grounds for refusal under clause 9 (b); or
a ground exists that is prescribed as a ground for revoking or refusing to renew a licence. ;
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. ;
If no hearing is requested, the Director may carry out the proposal.
If a hearing is requested, the Tribunal shall set a time for and hold a hearing and may, on hearing the matter,
order the Director to carry out the proposal; or
order the Director to take any other action that the Tribunal considers appropriate, in accordance with this Act and the regulations. ;
The Tribunal may substitute its opinion for that of the Director. ;
(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. ; ;
If a hearing is requested, the Tribunal shall set a time for and hold a hearing and may, on hearing the matter,
confirm any or all of the conditions;
strike out any or all of the conditions; or
impose any other conditions that the Tribunal considers appropriate. ;
For the purposes of subsection (1), a licensee shall be deemed to receive the licence on the 10th day after the day it is mailed, unless it is established that the licensee did not receive it or did not, through absence, accident, illness or another cause beyond the licensee’s control, acting in good faith, receive the licence until a later date.
it appears to the Board that there are reasonable grounds for granting relief to the applicant or licensee; and
the Board is satisfied that the applicant or licensee has reasonable grounds to seek an extension. ;
The Board may give such directions as it considers proper in connection with an extension.
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,
until the renewal is granted; or
if the licensee is served with notice that the Director proposes to revoke the licence or refuse to grant the renewal, until the time for requesting a hearing has expired and, if a hearing is requested, until the Tribunal has made its decision. ; ;
(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.
The notice shall contain a statement of the grounds for suspension.
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.
(1) The Director, the applicant or licensee who requests the hearing and any other persons that the Tribunal specifies are parties to the proceeding. ;
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. ;
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. ;
The Tribunal may seek independent legal advice about the subject matter of a hearing and, if it does so, shall disclose the nature of the advice to the parties to enable them to respond. ;
Every party shall be given an opportunity, before the hearing, to examine any documentary evidence that will be produced and any report whose contents will be given in evidence at the hearing.
, (8) Repealed:
The Tribunal shall use its best efforts to make a final decision in a timely fashion.
(1) An appeal lies to the Divisional Court from the Tribunal’s decision. ;
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. ;
The Minister is entitled to be heard, by counsel or otherwise, on the argument of the appeal.
(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.
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.
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.
(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.
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.
A Director or a person who has a Director’s written authorization conducting an inspection shall, upon request, produce proper identification.
The following provisions of the Child, Youth and Family Services Act, 2017 apply with necessary modifications in respect of an inspection conducted under this section:
Section 276 (powers on inspection).
Section 279 (admissibility of certain documents).
Section 60 (inspection with a warrant).
Subsections 67 (3) to (6) (offences).
If a licence is revoked or renewal of it refused, or if a licensee ceases to facilitate intercountry adoptions, the licensee shall,
promptly deliver the licence to a Director or to the Minister; and
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.
Offences
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,
the expenses of a licensee that belong to a prescribed class, or such other expenses as are approved by a Director;
the expenses of a person referred to in subsection 5 (3) that belong to a prescribed class;
the expenses of a Director that belong to a prescribed class; and
proper legal fees and disbursements.
(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. ;
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. ;
Every person who knowingly furnishes false information in an application under subsection 8 (2) or (3) (licence, renewal) or in a statement, report or return required to be furnished under the regulations, 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. ;
Every person who knowingly contravenes subsection 17 (2) (obstruction), 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. ;
A person who contravenes section 19, 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 $25,000 or to imprisonment for not more than three years, or to both.
General
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.
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).
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.
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,
relate to the person’s criminal convictions, charges and offences, including offences where there are outstanding warrants; and
include the prescribed information.
If there is a conflict between this Act and any other Act, this Act prevails.
Regulations
The Lieutenant Governor in Council may make regulations,
designating the Central Authority in accordance with Article 6 of the Convention;
assigning functions of the Central Authority to public authorities, accredited bodies or other bodies or persons in accordance with Article 22 of the Convention;
defining words and expressions used but not defined in the Convention;
further defining “intercountry adoption” for the purpose of this Act;
exempting from this Act, a provision of this Act, the regulations or a provision of the regulations,
a class or classes of intercountry adoptions, or
a class or classes of persons;
[Repealed]
prescribing persons and classes of persons and bodies and classes of bodies for the purpose of clause 7 (d);
defining “facilitate” for the purpose of subsection 8 (1);
governing the issuing, renewal and expiry of licences and prescribing fees payable by an applicant for a licence or its renewal;
prescribing grounds for which the issuance of a licence may be refused for the purposes of clause 9 (c);
prescribing grounds for which a licence may be revoked or the renewal of it refused for the purposes of clause 10 (e);
[Repealed]
prescribing the records to be kept by licensees;
requiring licensees to provide the prescribed information and reports and prescribing the information and reports;
prescribing persons and entities and timing requirements for the purposes of clause 18 (b);
requiring applications, reports and other documents to be prepared in a form approved or provided by the Minister;
governing the qualifications of persons or classes of persons employed by licensees;
governing the exercise of the power of entry set out in subsection 17 (1);
designating persons or classes of persons as Directors for the purposes of this Act;
respecting police record checks for the purposes of this Act, including,
defining “police record check”,
requiring different classes of persons to provide different types of checks or different types of information as part of a check,
prescribing procedures and practices to be followed when a police record check is required, and
requiring police record checks to be obtained from jurisdictions outside Ontario in specified circumstances;
respecting declarations and notices for the purposes of section 22.2, including,
requiring different classes of persons to provide declarations and notices that include different types of information,
prescribing the procedures and practices to be followed when a declaration or notice is required, and
requiring persons who are required to provide declarations or notices to provide other information and prescribing that information. ; ;
Transition
(1) This Act does not apply to an intercountry adoption if,
before the effective date,
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),
the child has been placed with the proposed adoptive parent, or
the consents and approvals necessary for the adoption have been given; and
the adoption is finalized within 24 months after the effective date.
In subsections (1) and (2),
“effective date” means the day on which subsection 5 (1) comes into force.
Omitted (provides for coming into force of provisions of this Act).
Omitted (enacts short title of this Act).
SCHEDULE CONVENTION ON PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION
CHAPTER 1 — SCOPE OF THE CONVENTION
Article 1
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 children,
Desiring to establish common provisions to this effect, taking into account the principles set forth in international instruments, in particular the United Nations Convention on the Rights of the Child, of November 20, 1989, and the United Nations Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally (General Assembly Resolution 41/85, of 3 December 1986),
Have agreed upon the following provisions,
The objects of the present Convention are,
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;
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;
to secure the recognition in Contracting States of adoptions made in accordance with the Convention.
Article 2
Article 3
CHAPTER II — REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS
Article 4
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 receiving State, or for the purposes of such an adoption in the receiving State or in the State of origin.
2. The Convention covers only adoptions which create a permanent parent-child relationship.
The Convention ceases to apply if the agreements mentioned in Article 17, subparagraph (c), have not been given before the child attains the age of 18 years.
An adoption within the scope of the Convention shall take place only if the competent authorities of the State of origin,
have established that the child is adoptable;
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;
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
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,
have determined that the prospective adoptive parents are eligible and suited to adopt;
have ensured that the prospective adoptive parents have been counselled as may be necessary; and
have determined that the child is or will be authorized to enter and reside permanently in that State.
CHAPTER III — CENTRAL AUTHORITIES AND ACCREDITED BODIES
Article 6
Article 7
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.
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 all appropriate measures to,
provide information as to the laws of their States concerning adoption and other general information, such as statistics and standard forms;
keep one another informed about the operation of the Convention and, as far as possible, eliminate any obstacles to its application.
Article 8
Article 9
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.
Central Authorities shall take, directly or through public authorities or other bodies duly accredited in their State, all appropriate measures, in particular to,
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;
facilitate, follow and expedite proceedings with a view to obtaining the adoption;
promote the development of adoption counselling and post-adoption services in their States;
provide each other with general evaluation reports about experience with intercountry adoption;
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
Article 11
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.
An accredited body shall,
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;
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
be subject to supervision by competent authorities of that State as to its composition, operation and financial situation.
Article 12
Article 13
CHAPTER IV — PROCEDURAL REQUIREMENTS IN INTERCOUNTRY ADOPTION
Article 14
Article 15
Article 16
A body accredited in one Contracting State may act in another Contracting State only if the competent authorities of both States have authorized it to do so.
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.
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.
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.
1. If the Central Authority of the State of origin is satisfied that the child is adoptable, it shall,
prepare a report including information about his or her identity, adoptablity, background, social environment, family history, medical history including that of the child’s family, and any special needs of the child;
give due consideration to the child’s upbringing and to his or her ethnic, religious and cultural background;
ensure that consents have been obtained in accordance with Article 4; and
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.
Article 17
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.
Any decision in the State of origin that a child should be entrusted to prospective adoptive parents may only be made if,
the Central Authority of that State has ensured that the prospective adoptive parents agree;
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;
the Central Authorities of both States have agreed that the adoption may proceed; and
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 authorized to enter and reside permanently in the receiving State.
Article 18
Article 19
Article 20
Article 21
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.
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 parent.
3. If the transfer of the child does not take place, the report referred to in Articles 15 and 16 are to be sent back to the authorities who forwarded them.
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.
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,
to cause the child to be withdrawn from the prospective adoptive parents and to arrange temporary care;
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;
as a last resort, to arrange the return of the child, if his or her interests so require.
Article 22
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.
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 persons who,
meet the requirements of integrity, professional competence, experience and accountability of that State; and
are qualified by their ethical standards and by training or experience to work in the field of intercountry adoption.
CHAPTER V — RECOGNITION AND EFFECTS OF THE ADOPTION
Article 23
Article 24
Article 25
Article 26
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 provided 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.
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.
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.
Any Contracting State may declare to the depositary of the Convention that it will not be bound under this Convention to recognize adoptions made in accordance with an agreement concluded by application of Article 39, paragraph 2.
1. The recognition of an adoption includes recognition of,
the legal parent-child relationship between the child and his or her adoptive parents;
parental responsibility of the adoptive parents for the child;
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.
Article 27
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 recognized, 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 recognizes the adoption.
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 recognizes the adoption under the Convention, be converted into an adoption having such an effect,
if the law of the receiving State so permits; and
if the consents referred to in Article 4, subparagraphs (c) and (d), have been or are given for the purpose of such an adoption.
CHAPTER VI — GENERAL PROVISIONS
Article 28
Article 29
Article 30
Article 31
Article 32
Article 33
Article 34
Article 35
Article 36
2. Article 23 applies to the decision converting the adoption.
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.
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.
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.
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.
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 persons 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.
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.
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.
The competent authorities of the Contracting States shall act expeditiously in the process of adoption.
In relation to a State which has two or more systems of law with regard to adoption applicable in different territorial units,
any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit of that State;
any reference to the law of that State shall be construed as referring to the law in force in the relevant territorial unit;
any reference to the competent authorities or to the public authorities of that State shall be construed as referring to those authorized to act in the relevant territorial unit;
any reference to the accredited bodies of that State shall be construed as referring to bodies accredited in the relevant territorial unit.
Article 37
Article 38
Article 39
Article 40
Article 41
Article 42
CHAPTER VII — FINAL CLAUSES
Article 43
Article 44
Article 45
Article 46
In relation to a State which with regard to adoption has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State.
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.
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.
No reservation to the Convention shall be permitted.
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.
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.
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.
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 subparagraph (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.
1. If a State has two or more territorial units in which different systems of law are applicable in relation to matters 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.
3. If a State makes no declaration under this Article, the Convention is to extend to all territorial units of the State.
1. The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the third instrument of ratification, acceptance or approval referred to in Article 43.
2. Thereafter the Convention shall enter into force,
for each State ratifying, accepting or approving it subsequently, or acceding to it, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance, approval or accession;
for a territorial unit to which the Convention has been extended in conformity with Article 45, on the first day of the month following the expiration of three months after the notification referred to in that Article.
Article 47
Article 48
1. A State Party to the Convention may denounce it by a notification in writing addressed to the depositary.
2. The denunciation takes effect on the first day of the month following the expiration of 12 months after the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation takes effect upon the expiration of such longer period after the notification is received by the depositary.
The depositary shall notify the States Members of the Hague Conference on Private International Law, the other States which participated in the Seventeenth Session and the States which have acceded in accordance with Article 44, of the following,
the signatures, ratifications, acceptances and approvals referred to in Article 43;
the accessions and objections raised to accessions referred to in Article 44;
the date on which the Convention enters into force in accordance with Article 46;
the declarations and designations referred to in Articles 22, 23, 25 and 45;
the agreements referred to in Article 39;
the denunciation referred to in Article 47.