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Children's Act, 2005 (Act No. 38 of 2005)


Schedule 1 : Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption (29 May 93)

Chapter I : Scope of the Convention (Articles 1-3)


Article 1


The objects of the present Convention are—

(a) To establish safeguards to ensure that inter-country adoptions take place in the best interests of the child and with respect for his or her fundamental rights as recognized in international law;
(b) 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;
(c) to secure the recognition in Contracting States of adoptions made in accordance with the Convention.


Article 2


(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) he 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.