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Adoption (Intercountry Aspects) Act 1999
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- 1999 c. 18
- SCHEDULE 1
- Part
- Chapter V
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Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2003/189 art. 2 commences (1999 c. 18)
- S.I. 2003/362 art. 2 commences (1999 c. 18)
- S.S.I. 2003/121 art. 2 commences (1999 c. 18)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/152 art. 2 commences (2000 c. 14)
- S.I. 2003/365 art. 3 commences (2000 c. 14)
- S.I. 2003/501 art. 2 commences (2000 c. 14)
- S.I. 2005/2213 art. 2 3 commences (2002 c. 38)
- S.I. 2005/2897 art. 2 commences (2002 c. 38)
- S.S.I. 2004/100 art. 2 3 commences (2001 asp 8)
- S.S.I. 2009/267 art. 2 commences (2007 asp 4)
Prospective
Chapter VE+W+S Recognition and Effects of the Adoption
Article 23E+W+S
1An 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.E+W+S
2Each 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.E+W+S
Article 24E+W+S
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 25E+W+S
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 26E+W+S
1The recognition of an adoption includes recognition ofE+W+S
(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.
2In 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.E+W+S
3The 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.E+W+S
Article 27E+W+S
1Where 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—E+W+S
(a)if the law of the receiving State so permits; and
(b)if the consents referred to in Article 4, sub-paragraphs c and d, have been or are given for the purpose of such an adoption.
2Article 23 applies to the decision converting the adoption.E+W+S
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