Acts Online
GT Shield

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)


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 inter-country 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 inter-country 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 20 November 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—


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

Chapter II : Requirements for Intercountry Adoptions (Articles 4-5)

Chapter III : Central Authorities and Accredited Bodies (Articles 6-13)

Chapter IV : Procedural Requirements in Intercountry Adoption (Articles 14-22)

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

Chapter VI : General Provisions (Articles 28-42)

Chapter VII : Final Clauses (Articles 43-48)