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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 V : Recognition and Effects of the Adoption (Articles 23-27)


Article 23


(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, sub-paragraph 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.


Article 24


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 25


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.


Article 26


(1) The recognition of an adoption includes recognition of—
(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.


(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.


Article 27


(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—
(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.


(2)        Article 23 applies to the decision converting the adoption.