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Adoption (Intercountry Aspects) Act 1999

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This is the original version (as it was originally enacted).

Chapter IIRequirements 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—

(i)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,

(ii)such persons, institutions and authorities have given their consent freely, in the required legal form, and expressed or evidenced in writing,

(iii)the consents have not been induced by payment or compensation of any kind and have not been withdrawn, and

(iv)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—

(i)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,

(ii)consideration has been given to the child’s wishes and opinions,

(iii)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

(iv)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.

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