Acts and Regulations

I-12.01 - Intercountry Adoption Act

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Full text
Current to 13 December 2023
CHAPTER I-12.01
Intercountry Adoption Act
Assented to April 25, 1996
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definitions
1In this Act
“adult” means a person who has reached the age of majority; (adulte)
“child” means a person actually or apparently under the age of majority, unless otherwise specified or prescribed in this Act or the regulations; (enfant)
“Convention” means the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption set out in Schedule A;(Convention)
“court” means The Court of King’s Bench of New Brunswick, except where otherwise provided, and includes any judge of The Court of King’s Bench of New Brunswick;(cour)
“Minister” means the Minister of Social Development;(Ministre)
“place” means to transfer the care of a child, whether in law or in fact, from one person to another, and includes any act of solicitation or negotiation that, on any reasonable view of the circumstances, can be construed as contributing to the transfer of the care of the child, whether in law or in fact, from one person to another; and “placing” and “placement” have corresponding meanings.(placer)
2000, c.26, s.169; 2007, c.21, s.1; 2008, c.6, s.28; 2016, c.37, s.88; 2019, c.2, s.74; 2023, c.17, s.117
Interpretation
2Words and expressions used in this Act have the same meaning as the corresponding words and expressions in the Convention.
1
IMPLEMENTATION OF CONVENTION
2007, c.21, s.2
Request to extend Convention
3The Minister shall request the Government of Canada to declare in accordance with Article 45 of the Convention that the Convention extends to New Brunswick.
Convention is law
4On, from and after the date the Convention enters into force in respect of New Brunswick as determined by the Convention, the Convention is in force in New Brunswick and its provisions are law in New Brunswick.
Application where conflict
5The law of New Brunswick applies, subject to the regulations, to an adoption to which the Convention applies but, where there is a conflict between the law of New Brunswick and the Convention, the Convention prevails.
Central Authority
6The Minister is the Central Authority for New Brunswick for the purposes of the Convention.
2000, c.26, s.169
Delegation of functions of Central Authority
7(1)Where the Minister so authorizes, the functions of a Central Authority under Chapter IV of the Convention may, to the extent determined by the Minister, be performed by public authorities or by bodies accredited under Chapter III of the Convention.
7(2)Where the Minister so authorizes, the functions of a Central Authority under Articles 15 to 21 of the Convention may, to the extent determined by the Minister, be performed by a person or body who meets the requirements of subparagraphs (a) and (b) of paragraph 2 of Article 22 of the Convention.
Authority of foreign body
8Where the Minister so authorizes, a body accredited in a Contracting State may act in New Brunswick.
Authority to act abroad
9The Minister may authorize a body accredited in New Brunswick to act in a Contracting State.
Publication of date
10The Minister shall publish in The Royal Gazette the date the Convention comes into force in New Brunswick.
Regulations
11The Lieutenant-Governor in Council may make such regulations as are necessary to carry out the intent and purpose of this Act and, without limiting the generality of the foregoing, may make regulations
(a) limiting or varying the application of the law of New Brunswick to an adoption in New Brunswick to which the Convention applies, and
(b) designating a competent authority for any provision of the Convention.
2
INTERCOUNTRY ADOPTIONS GENERALLY
2007, c.21, s.3
Authority of Minister and immunity
2007, c.21, s.3
12(1)The Minister may authorize, to the extent he or she determines, that an employee of the Department of Social Development or a person or body who meets the standards and criteria prescribed by regulation may exercise any power, duty or function conferred on the Minister by this Act and specified in the authorization.
12(2)The Minister and any person authorized under subsection (1) shall not be liable to any person for any injury, loss or damage caused to any person or property by reason of the exercise of any power, duty or function under this Act, if the power, duty or function is exercised in good faith and without negligence.
2007, c.21, s.3; 2008, c.6, s.29
Consideration of child’s wishes and right to be heard
2007, c.21, s.3
13(1)In the exercise of an authority under this Act given to a person to make a decision that affects a child
(a) the wishes of the child shall be considered in determining his or her interests,
(b) the interests of the child shall be considered as distinct interests, separate from those of any other person,
(c) if the child’s wishes have not been or cannot be expressed or the child is incapable of understanding the nature of the choices that may be available to him or to her, the person shall make every effort to identify the child’s interests and shall consider them as distinct interests, separate from those of any other person,
(d) the person may consult directly with the child in private, unless the person determines that to do so would not be in the best interests of the child, and
(e) the person may exclude any person, including a party to a proceeding and his or her counsel, from participating in or observing the consultation.
13(2)In any matter or proceeding under this Act affecting a child, whether before a court or any person having authority to make a decision that affects a child, the child has the right to be heard.
13(3)In any proceeding under this Act the court may waive any requirement that the child appear before the court, if it is of the opinion that it would be in the best interests of the child and if the court is satisfied that the interests of the child will not be prejudiced.
2007, c.21, s.3
A
Adoption of Child from Outside Canada
2007, c.21, s.3
Application of Division A
2007, c.21, s.3
14This Division applies to the adoption or proposed adoption of a child who is habitually resident outside Canada by an adult who is habitually resident in the Province.
2007, c.21, s.3
Application for adoption
2007, c.21, s.3
15An adult habitually resident in the Province who wishes to adopt a child who is habitually resident outside Canada shall apply to the Minister.
2007, c.21, s.3
Requirements
2007, c.21, s.3
16 If a child is habitually resident outside Canada, the child may be adopted by an applicant under section 15 only if the Minister
(a) has determined that the applicant is eligible and suited to adopt,
(b) has ensured that the applicant has received training, satisfactory to the Minister, to prepare for intercountry adoption, and
(c) is satisfied that the child is or will be authorized to enter and to reside permanently in Canada.
2007, c.21, s.3
Procedure
2007, c.21, s.3
17(1)The Minister shall prepare a report on an applicant under section 15 that includes information about
(a) the applicant’s identity, eligibility and suitability to adopt,
(b) the applicant’s background, family history, health history and social environment,
(c) the applicant’s reasons for adoption,
(d) the applicant’s ability to undertake an intercountry adoption,
(e) the characteristics of a child for whom the applicant would be qualified to care, and
(f) such other matters as may be prescribed by regulation.
17(2)The Minister shall determine, based on the report, whether the applicant is suitable to undertake an intercountry adoption and shall inform the applicant as to the determination.
17(3)With the consent of the applicant, the Minister may provide the information collected under subsection (1) to any person.
17(4) The Minister shall transmit the report to the Central Authority or other adoption authority in the child’s jurisdiction of origin, if the applicant decides to proceed with the adoption process.
2007, c.21, s.3
Next steps
2007, c.21, s.3
18(1)The Minister shall review any report or consents received from the Central Authority or other adoption authority in the child’s jurisdiction of origin.
18(2)If the Minister and the Central Authority or other adoption authority in the child’s jurisdiction of origin agree that the adoption may proceed, the Minister shall notify the Government of Canada of the agreement.
2007, c.21, s.3
If continued placement not in child’s best interests
2007, c.21, s.3
19(1)If the adoption is to take place in the Province after the child’s transfer to the Province and it appears to the Minister that the continued placement of the child with the prospective adoptive parent is not in the best interests of the child, the Minister may remove the child from the care of the prospective adoptive parent.
19(2)The Minister shall consult with the Central Authority or other adoption authority of the child’s jurisdiction of origin to arrange a new placement of the child with a view to adoption or, if a new placement is not appropriate, to arrange alternative care for the child.
19(3)No adoption shall take place until the Central Authority or other adoption authority of the child’s jurisdiction of origin has been informed concerning the new prospective adoptive parent.
19(4)As a last resort, the Minister shall arrange to return the child to his or her jurisdiction of origin, if his or her interests so require.
2007, c.21, s.3
B
Intercountry Adoption of Child from New Brunswick
2007, c.21, s.3
Application of Division B
2007, c.21, s.3
20This Division applies to the adoption or proposed adoption of a child who is habitually resident in the Province by an adult who is habitually resident outside Canada.
2007, c.21, s.3
Adoption of child habitually resident in New Brunswick
2007, c.21, s.3
21An adult habitually resident outside Canada who wishes to adopt a child who is habitually resident in the Province shall apply to the Central Authority or other adoption authority in his or her jurisdiction of habitual residence.
2007, c.21, s.3
Requirements
2007, c.21, s.3
22 A child who is habitually resident in New Brunswick shall not be adopted by an adult who is habitually resident outside Canada unless the Minister
(a) has established that the child is eligible for adoption,
(b) has determined, after possibilities for placement of the child within Canada have been given due consideration, that an intercountry adoption is in the child's best interests, and
(c) has ensured that, if the child is twelve years of age or older,
(i) the child has been counselled and informed of the effects of the adoption and of his or her consent to the adoption, and
(ii) the child’s consent to the adoption has been given freely in writing in the form prescribed by regulation and has not been induced by payment or compensation of any kind.
2007, c.21, s.3
Only Minister may place child for intercountry adoption
2007, c.21, s.3
23(1)No person other than the Minister shall place for adoption outside Canada a child who is habitually resident in the Province at the time the placement occurs.
23(2) Subject to this Division, the Minister may only place a child with a prospective adoptive parent for purposes of intercountry adoption if the child is in the care of the Minister under a guardianship agreement or a guardianship order.
2007, c.21, s.3
Best interests of child
2007, c.21, s.3
24In placing a child for adoption the Minister shall put the best interests of the child above all other considerations.
2007, c.21, s.3
Procedure
2007, c.21, s.3
25(1)If the Minister has determined that the requirements under section 22 have been met, the Minister shall
(a) prepare a report, including information about the child’s
(i) identity, background and social environment,
(ii) adoptability and special needs, and
(iii) family history, health history and family health history;
(b) consider the child’s upbringing and his or her ethnic, religious and cultural background;
(c) review a report of the receiving jurisdiction that shall include information about
(i) the prospective adoptive parent’s identity, eligibility and suitability to adopt,
(ii) the prospective adoptive parent’s background, family history, health history and social environment,
(iii) the prospective adoptive parent’s reasons for adoption,
(iv) the prospective adoptive parent’s ability to undertake an intercountry adoption,
(v) the characteristics of the child for whom the prospective adoptive parent would be qualified to care, and
(vi) such other matters as may be prescribed by regulation; and
(d) determine, on the basis of the reports and considerations set out in paragraphs (a) to (c), whether the placement is in the best interests of the child.
25(2)The Minister shall transmit the following to the Central Authority or other adoption authority of the receiving jurisdiction:
(a) the report prepared under paragraph (1)(a);
(b) proof of the child’s consent in accordance with section 22, if applicable; and
(c) the Minister’s determination on the placement and his or her reasons in support of the determination.
2007, c.21, s.3
Final requirements
2007, c.21, s.3
26The Minister shall place the child with the prospective adoptive parent only if
(a) the prospective adoptive parent agrees to the placement,
(b) the Central Authority or other adoption authority of the receiving jurisdiction has approved the placement, if approval is required by the laws of the jurisdiction,
(c) the Minister and the Central Authority or other adoption authority of the receiving jurisdiction agree that the adoption may proceed,
(d) the Minister is satisfied that the prospective adoptive parent is eligible and suited to adopt, and
(e) the Minister is satisfied that the child is or will be authorized to enter and reside permanently in the receiving jurisdiction.
2007, c.21, s.3
Placement agreement
2007, c.21, s.3
27(1)If the Minister places a child for purposes of adoption in accordance with this Division, the Minister may enter into an agreement in writing with a person to transfer all or part of the custody, care and control of the child to that person as a prospective adoptive parent, and in the agreement the Minister may transfer to the prospective adoptive parent the rights and responsibilities with respect to custody, care and control of the child that have been transferred to the Minister by a guardianship agreement, or that have been imposed on the Minister by court order, as the Minister considers to be suitable under the circumstances.
27(2)No right, authority or obligation transferred to a prospective adoptive parent under an agreement referenced in subsection (1) is transferable by a prospective adoptive parent to any other person.
2007, c.21, s.3
C
Court Process for Intercountry Adoption Finalized in New Brunswick
2007, c.21, s.3
Requirements for application for adoption order
2007, c.21, s.3
28(1)Subject to this Act, an adult may apply to the court for an adoption order effecting the adoption of a named child by that adult.
28(2)An adoption order shall not be made on the application of a person who is a spouse or common-law partner without the other spouse or common-law partner joining in the application, unless the person is adopting the child of his or her spouse or common-law partner.
28(3)The child shall reside continuously with the applicant for six months before the court may make an adoption order.
2007, c.21, s.3
Contents of court application
2007, c.21, s.3
29(1)An application to the court for an adoption order shall be in the form prescribed by regulation and shall include
(a) the documents and reports from the child's jurisdiction of origin, as prescribed by regulation,
(b) the documents and reports from the receiving jurisdiction, as prescribed by regulation,
(c) a report on the progress of the adoption placement prepared by a public authority or body accredited in the receiving jurisdiction,
(d) if the child is of the age of twelve years or over, the consent of the child to the adoption order,
(e) if the child is habitually resident outside Canada when he or she is placed for adoption, the consent to the adoption order or agreement of the Central Authority or other adoption authority of the child’s jurisdiction of origin,
(f) if the child is habitually resident in the Province when he or she is placed for adoption, the Minister's consent to the adoption order, and
(g) proof of service of the notices required by subsections 34(3) and (4).
29(2)The documents and reports relating to a child who is habitually resident outside Canada when he or she is placed for adoption shall only be required to contain as much detail as is reasonable and practicable in the circumstances of the case.
29(3)In making an adoption order the court shall consider the reports referred to in paragraphs (1)(a), (b) and (c).
2007, c.21, s.3
Form of consent
2007, c.21, s.3
30(1)A consent to an adoption order shall be witnessed and an affidavit of witness in the form prescribed by regulation shall be attached to it.
30(2)Despite subsection (1), a consent to an adoption order and affidavit of witness are sufficient if executed in a form valid in the jurisdiction in which the consent and affidavit of witness were executed.
30(3)Despite subsections (1) and (2), a defect in an affidavit of witness does not invalidate a consent to an adoption order.
2007, c.21, s.3
Waiver of consent of child
2007, c.21, s.3
31If a child to be adopted is of the age of twelve years or over and is unable to understand or give consent, the consent of the child to the adoption order may be waived by the court.
2007, c.21, s.3
Revocation of consent
2007, c.21, s.3
32The Minister, a child to be adopted, the Central Authority or other authority of a child's jurisdiction of origin or any other person whose consent to the adoption order is required may revoke a consent to an adoption order at any time before an adoption order is made.
2007, c.21, s.3
Confidential nature of proceedings
2007, c.21, s.3
33(1)Proceedings under this Act may, in whole or in part, be heard in open court or in private, and in exercising its discretion whether to proceed in private or in open court the court shall take into consideration in every case
(a) the public interest in hearing the proceeding in open court,
(b) any potential harm or embarrassment that may be caused to any person if matters of a private nature are disclosed in open court, and
(c) any representations made by the parties.
33(2)Except in accordance with subsection 50(2), no person shall publish, make public or contribute to the publication of the name of a child who is the subject of the proceeding under this Act or the name of a parent or prospective adoptive parent of a child in relation to the proceeding, or in any other way identify the child, his or her parent or prospective adoptive parent.
33(3)Despite subsection (2), a person may, in relation to a proceeding under this Act, publish, make public or contribute to the publication of the name of a child, his or her parent or prospective adoptive parent or identify a child, his or her parent or prospective adoptive parent in another way if the person has first obtained leave of the court.
33(4)For the purposes of subsections (2) and (3), a person contributes to the publication of the name of a child, his or her parent or prospective adoptive parent if the person writes, edits or approves an article for the purpose of publication that contains the name of the child, his or her parent or prospective adoptive parent.
2007, c.21, s.3
Procedure on intercountry adoption application
2007, c.21, s.3
34(1)The court shall set the time and place for the hearing within five days after the application is filed with the court.
34(2)Subject to subsection 36(2), if the applicant has applied for a waiver under section 31 and the court directs that a notice be given to the child, the court shall delay the hearing in order to permit the child to appear.
34(3)No application shall be heard by the court until the applicant proves that notice of the applicant's intention to apply for an adoption order was served on the Minister at least thirty days before the hearing.
34(4)The applicant shall serve on the Minister notice of the time and place set for the hearing at least ten days before the hearing.
34(5)When the Minister consents in writing to the hearing of the application without the notices required by subsections (3) and (4), the court may hear the application immediately.
34(6)A notice under this section shall be in the form prescribed by regulation.
34(7)Despite the Rules of Court, the court may direct that statements and evidence that may be detrimental to the welfare of the child or the interests of the applicant be omitted from any notice given under this Act, and if substituted service of any notice is to be effected by public advertisement, the court shall direct that the names of the child and of the prospective adoptive parent be omitted from the notice.
2007, c.21, s.3
Evidence and witnesses
2007, c.21, s.3
35(1) The court may require any person, including the Minister, whom it considers likely to be able to give material evidence on an application, to attend and give evidence, and the attendance of that person may be enforced in the same manner as in other civil cases before the court.
35(2)The Minister may attend a hearing of an application for an adoption order and may give evidence concerning the matter before the court.
2007, c.21, s.3
Time for disposition of application
2007, c.21, s.3
36(1)If, in the opinion of the court, there is sufficient cause, the court may make an order
(a) extending the time for any hearing under this Act, or
(b) subject to subsection (2), adjourning the hearing.
36(2)The court shall dispose of an application made under this Act within thirty days after it is made, unless the court is satisfied that exceptional circumstances require the disposition of the application to be delayed beyond thirty days.
2007, c.21, s.3
Court may order examination or evaluation
2007, c.21, s.3
37(1)The court may, if it determines that it would be in the best interests of the child to do so, require that the child, a prospective adoptive parent, or any other person living with the child or in so close relationship with the child as to be in a position to influence the nature of the care and control exercised with respect to the child, undergo a psychiatric, psychological, social, physical or any other examination or evaluation specified by the court, before or during the hearing, and in the event of the refusal or failure by any person to participate in an examination or evaluation, or to consent to the examination or evaluation of a child under his or her care, the court may draw the inferences that appear to the court to be warranted under the circumstances.
37(2)The prospective adoptive parent shall pay the cost of an examination or evaluation required by the court under subsection (1).
2007, c.21, s.3
Disposition of application
2007, c.21, s.3
38If, on hearing an application, the court determines that an adoption order should not be made, the court may
(a) make an order with respect to the custody of the child that it considers appropriate in the circumstances, or
(b) order that the Minister provide protection services to the child and that proceedings be taken under Part 5 of the Child and Youth Well-Being Act.
2007, c.21, s.3; 2023, c.36, s.18
Adoption order
2007, c.21, s.3
39(1)Subject to subsection 28(3), the court may make an adoption order if the requirements of this Act have been complied with and the court is satisfied
(a) as to the truth of the matters stated in the application,
(b) as to the ability of the prospective adoptive parent to care for and educate the child in a proper manner, and
(c) as to the likelihood that the adoption will provide the child with security, a permanent family relationship and continuity of care.
39(2)An adoption order shall be in the form prescribed by regulation and shall bear the seal of the court.
39(3)If a child has been placed for adoption with two prospective adoptive parents, one of whom dies before an adoption order is made, the court may, on the request of the surviving adoptive parent, make an order with respect to the child in favour of both prospective adoptive parents, which shall be dated the day before the death of the prospective adoptive parent.
39(4)The Registrar of the court shall send a certified copy of the adoption order to the adoptive parent and to the Minister.
2007, c.21, s.3; 2019, c.12, s.17
Effects of adoption order
2007, c.21, s.3
40(1)An adoption order, from the date it is made,
(a) gives the adopted child status as a child of his or her adoptive parent and the adoptive parent status as the parent of the adopted child, as if the child had been born to the adoptive parent,
(b) subject to subsection (5), gives the adopted child the surname of his or her adoptive parent unless the court orders otherwise, and
(c) subject to subsections (4) and (5), if a change of given names has been requested by the adoptive parent, changes the given names of the child to those set out in the order.
40(2)Except in the case where a person adopts a child of his or her spouse or common-law partner, an adoption order, from the date it is made,
(a) severs the tie the child had with his or her birth parent or guardian or any other person in whose custody the child has been, by divesting the parent, guardian or other person of all parental rights in respect of the child, including any right of access that is not preserved by the court, and freeing that person from all parental responsibilities for the support of the child,
(b) frees the child from all obligations, including support, with respect to his or her birth parent or any other person in whose custody he has been, and
(c) unless specifically preserved by the order in accordance with the express wishes of the birth parent, severs the right of the child to inherit from his or her birth parent or birth family members.
40(3)Despite subsections (1) and (2), an adoption order does not terminate or affect any rights the child has that flow from his or her cultural heritage, including aboriginal rights.
40(4)If the applicant requests that the adoption order change a given name of the child, the request shall only be granted if the court is satisfied that a change is in the best interests of the child, and, if the child’s wishes can be ascertained, that the change is being made with the consent of the child.
40(5)If the child of the applicant’s spouse or common-law partner is adopted, the surname and given name of the child do not change unless the spouse or common-law partner consents to the change.
40(6)In the case of a child twelve years of age or over, an adoption order shall not change any part of the name of the child without the consent of the child.
2007, c.21, s.3; 2020, c.24, s.6
Effect of subsequent adoption order
2007, c.21, s.3
41If an adoption order is made in respect of a child who was previously adopted, all the legal consequences of the former adoption order terminate on the making of the subsequent adoption order.
2007, c.21, s.3
Change in birth register
2007, c.21, s.3
42The Registrar of the court shall file with the Registrar General of Vital Statistics within ten days after the making of an adoption order a certified copy of the order and, on the request of the Registrar General of Vital Statistics, the Registrar of the court shall supply sufficient additional information to allow the birth register to be accurately changed or the Registrar General of Vital Statistics to carry out his or her duties under the Vital Statistics Act.
2007, c.21, s.3
Offence
2007, c.21, s.3
43(1)If an application to adopt a child is made to the court within five years after an act occurs that is alleged in any information to be a violation of section 23, the person placing the child shall be presumed to have placed the child for the purposes of the adoption of the child, with full knowledge and intent.
43(2)Proceedings in respect of an offence under section 23 may be commenced at any time within six years after the alleged violation.
2007, c.21, s.3
Appeal
2007, c.21, s.3
44(1)An appeal lies to The Court of Appeal of New Brunswick from an adoption order, or from a refusal to make an adoption order.
44(2)Within thirty days after the disposition of the application to adopt, an appeal may be brought by
(a) the child adopted or who was to have been adopted,
(b) the adoptive parent or a prospective adoptive parent,
(c) a person whose consent to the adoption order was required but was waived by the court, or
(d) the Minister.
44(3)On appeal, the court may
(a) affirm the order, with or without modification,
(b) terminate the order,
(c) remit the order with directions to the court below, or
(d) give any judgment or make any order that in its opinion ought to have been given or made in the court below.
2007, c.21, s.3
Setting aside of adoption order
2007, c.21, s.3
45(1)If there has been substantial compliance with the requirements of this Act, no adoption order shall be set aside on appeal or otherwise by reason only of a defect or irregularity in complying with the requirements unless there has been a substantial miscarriage of justice.
45(2)Except on appeal, an adoption order shall not be set aside unless the order was procured by fraud, and unless it is in the best interests of the child to set aside the order.
2007, c.21, s.3
D
Other Matters
2007, c.21, s.3
Confidentiality of information
2007, c.21, s.3
46(1)All information acquired by the Minister or any other person in relation to any person or matter under this Act, whether of a documentary nature or otherwise, is confidential to the extent that its release would tend to reveal personal information about a person identifiable from the release of the information.
46(2)The Minister shall not release confidential information to any person without the consent of the person from whom the information was obtained and to whom the information relates.
46(3)Despite subsection (2), the Minister may release confidential information, without the consent of a person from whom the information was obtained and to whom the information relates,
(a) to another Minister of the Crown, a person or body authorized under subsection 12(1), or a civil servant,
(b) to protect the health, safety and security of any person, and
(c) if the release is otherwise provided for under this Act.
46(4)A person to whom information is released under paragraph (3)(b), other than a person referred to in paragraph (3)(a), shall not release, or permit or cause to be released, confidential information without the consent of the person from whom the information was obtained and to whom the information relates.
2007, c.21, s.3
Records and documents confidential
2007, c.21, s.3
47(1)Subject to subsection (2) and section 48, all records and documents relating to the adoption of any person on file with the court or the Registrar General of Vital Statistics are confidential.
47(2)All records and documents relating to the adoption of a person on file with the court shall be made available to the Minister, who may make copies of them.
47(3)All records and documents relating to the adoption of a person and held by a person or body authorized under subsection 12(1) shall be provided to the Minister on his or her request.
2007, c.21, s.3
Request for information
2007, c.21, s.3
48(1)A request for information relating to the adoption of a person shall be made to the Minister.
48(2)Subject to subsection (7), if a request for the release of non-identifying information relating to an adoption is made by an adoptive parent, an adopted person, a birth parent or any other person who, in the opinion of the Minister, has an interest in the matter and a reason acceptable to the Minister, the Minister may comply with the request.
48(3)Despite section 46, the Minister may release identifying information under the circumstances set out in subsection (4), if a request for identifying information relating to the adoption of a person is received from any of the following persons:
(a) subject to subsection (7), an adopted person;
(b) an adoptive parent;
(c) a birth parent; or
(d) any other person who, in the opinion of the Minister, has an interest in the matter and a reason acceptable to the Minister.
48(4)The Minister may release identifying information
(a) if an adult has voluntarily registered his or her name on a register that shall be kept by the Minister to record the names of adults who wish to contact their birth parent, child or sibling, and the person sought to be contacted has also voluntarily registered his or her name on the register,
(b) if it is necessary to avoid a situation in which a person, who has obtained identifying information from another source, contacts a birth parent or child without the prior preparation of the person contacted,
(c) if it is necessary to settle the estate of a deceased person,
(d) when the information is necessary for the preparation of a health or psychosocial history for purposes of treatment, or
(e) if the Minister is satisfied that all persons who will be directly affected by the release of information have consented to its release, and that there is no compelling reason in the public interest to refuse the request.
48(5)If an application is made to the Minister under subsection (3), the Minister may
(a) search the files to ascertain the identity of any person named or referred to in the request, and
(b) make contact with any person on a confidential basis to
(i) obtain that person's consent to the release of identifying information,
(ii) attempt to obtain information specified in the application, or
(iii) arrange contact between the applicant and the person contacted.
48(6)If the person named or referred to in a request under subsection (3) is dead, the Minister may give identifying information concerning that person to the person requesting it, if the Minister is satisfied that the circumstances surrounding the request warrant the release and that the information would have been released under subsection (3) or (4) had the person been alive and consented to its release.
48(7)If a request has been filed by an adopted child who is under the age of majority, the Minister shall not provide the adopted child with
(a) non-identifying information without the consent of the adoptive parent, or
(b) identifying information without the consent of the adoptive parent and the birth parent.
48(8)Despite subsection (7), if the Minister is satisfied that special circumstances warrant the release of information without the consent of the persons referred to in paragraph (7)(a) or (b), as the case may be, the Minister may release the information.
2007, c.21, s.3
Offence - disclosing information
2007, c.21, s.3
49(1)No person with access to records and documents relating to adoptions, including the identities of references and their comments provided under section 17 or 25, shall disclose information about a prospective adoptive parent or an adoption otherwise than in compliance with sections 46 to 48.
49(2)Proceedings in respect of an offence under this section may be commenced at any time within six years after the alleged violation.
2007, c.21, s.3; 2019, c.12, s.17
Advertisement prohibited
2007, c.21, s.3
50(1)No person, in relation to an intercountry adoption, shall publish or cause to be published in any form or by any means an advertisement concerning the placement or adoption of a child.
50(2)Subsection (1) does not apply to the publication of
(a) a notice under the authority of a court order,
(b) a notice or advertisement authorized by the Minister,
(c) an announcement of an adoption placement or adoption of a child, or
(d) other forms of advertising specified by the regulations.
50(3)Proceedings in respect of an offence under this section may be commenced at any time within six years after the alleged violation.
2007, c.21, s.3
Order of court of jurisdiction outside Canada
2007, c.21, s.3
51(1)If the court of a jurisdiction outside Canada orders that all or part of the parental rights and responsibilities in respect of a child who has a real and substantial connection with that jurisdiction be transferred to an agency or representative of that jurisdiction, the order shall be recognized and shall have the same force and effect as an order made under the Child and Youth Well-Being Act.
51(2)If a copy of the order certified as a true copy by a judge, other presiding officer or official of that jurisdiction is produced as evidence, no proof is required of the appointment, authority or signature of the judge, presiding officer, or official issuing the certificate.
2007, c.21, s.3; 2023, c.36, s.18
No payment, reward or favour
2007, c.21, s.3
52(1)No person, in relation to an intercountry adoption, whether directly or indirectly, before or after the birth of a child, shall make, give or receive or agree to make, to give or to receive a payment, reward or favour for, in consideration of or in relation to
(a) the adoption or proposed adoption of the child,
(b) the giving of consent or the signing of a consent to the adoption of the child,
(c) the placement of the child with a view to the adoption of the child, or
(d) the conduct of negotiations or the making of arrangements with a view to the adoption of the child.
52(2)Proceedings in respect of an offence under this section may be commenced at any time within six years after the alleged violation.
2007, c.21, s.3
Investigation by professional society
2007, c.21, s.3
53If the Minister has reasonable grounds to suspect that a person has violated or failed to comply with any provision of this Act, the Minister may, in addition to any action he or she may take with respect to prosecution, require any professional society, association or other organization authorized to regulate the professional activities of the person, to cause an investigation to be made into the matter.
2007, c.21, s.3
Fees and expenses permitted
2007, c.21, s.3
54Despite section 52,
(a) a lawyer may charge reasonable fees and expenses for legal services in connection with an intercountry adoption,
(b) a health care provider may charge reasonable fees and expenses for health care services provided to a child who is the subject of an adoption or to the child's birth mother in connection with her pregnancy or the child's birth,
(c) the Minister or a person or body authorized under subsection 12(1) may charge fees and expenses as prescribed by regulation, and
(d) an adoption agency outside New Brunswick or any person specified by the regulations may charge reasonable fees and expenses for services provided in connection with an intercountry adoption.
2007, c.21, s.3
Evidence
2007, c.21, s.3
55(1)A report, certificate or other document signed by the Minister or his or her delegate or purporting to be signed by the Minister or his or her delegate may be adduced into evidence in court and shall be received as proof, in the absence of evidence to the contrary, of the facts stated in it without proof of the appointment, authority or signature of the Minister or his or her delegate.
55(2) In the prosecution of an offence under subsection 58(4), a certificate signed by the Minister stating that a person at a specified time refused to permit the Minister to conduct an investigation under section 58, or obstructed or interfered with an investigation conducted by the Minister under section 58, may be adduced into evidence under this section.
2007, c.21, s.3
Offences and penalties
2007, c.21, s.3
56(1)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule B commits an offence.
56(2)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule B is punishable as an offence of the category listed beside it in Column II of Schedule B.
56(3)If an offence under subsection (1) continues for more than one day,
(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.
2007, c.21, s.3
Administration - contracts
2007, c.21, s.3
57The Minister may enter into contracts with persons, whether within or outside the Province, or with a representative of the Crown in right of Canada or of any other province, or with a representative of the government of any jurisdiction, to carry out the Minister’s responsibilities under this Act.
2007, c.21, s.3
Investigation
2007, c.21, s.3
58(1)If the Minister is advised that a person or body authorized under subsection 12(1) is providing a service that may be of inadequate quality, or dangerous or damaging to a recipient, the Minister shall investigate as the Minister considers necessary, including
(a) entering any premises occupied by the person or body in question,
(b) inspecting records and documents of the person or body, and
(c) interviewing employees of the person or body and recipients of the service provided by the person or body.
58(2)Any statement or declaration made or evidence given by a person at the request of the Minister under the authority of subsection (1) is confidential and for the information of the Minister only, and except for use in a court proceeding no statement, declaration or evidence may be inspected by any person without the written authorization of the Minister.
58(3)If, on the completion of the investigation referred to in subsection (1), the Minister is of the opinion that a service being provided by a person or a body authorized under subsection 12(1) is of inadequate quality or dangerous or damaging to a recipient of the service, the Minister may direct the person or the owner or person in charge of the body immediately or within the time as is specified in the directive to do any or all of the following:
(a) to make changes recommended by the Minister with respect to the provision of the service, the operation of a program or the conduct of the business of the person or body;
(b) to suspend the provision of the service or the operation of a program until the recommendations of the Minister are complied with;
(c) to terminate provision of the service, the operation of a program or the business of the person or the body.
58(4)No person authorized under subsection 12(1) or the owner or person in charge of a body authorized under subsection 12(1) shall
(a) refuse to permit the Minister to conduct an investigation under this section, or
(b) obstruct or interfere with an investigation conducted by the Minister under this section.
58(5)If a person authorized under subsection 12(1) or the owner or person in charge of a body authorized under subsection 12(1) fails or refuses to comply with a directive given by the Minister under subsection (3), or does anything referred to in subsection (4), the Minister may, without notice and without compensation, revoke the approval given under subsection 12(1) and terminate any contract entered into with the person or body.
58(6)If the Minister terminates a contract under the authority of subsection (5), the Minister is entitled to compensation from the person or body with which the contract was made equal to the value of any resources provided to the person or body under this Act during the period of one year before the giving of the directive or the doing of that referred to in subsection (4).
58(7)The Minister may issue a certificate stating the amount of compensation due and payable pursuant to subsection (6) and the name of the person from whom the compensation is due and payable, and may file the certificate in court, and when the certificate is entered and recorded it becomes a judgment of the court and may be enforced as a judgment obtained in the court by the Crown against the person named in the certificate for a debt of the amount specified in the certificate.
2007, c.21, s.3; 2023, c.17, s.117
Regulations
2007, c.21, s.3
59The Lieutenant-Governor in Council may make regulations
(a) respecting the standards and criteria for persons or bodies to be authorized under subsection 12(1), their functions and duties and the suspension, cancellation and reinstatement of authorization;
(b) respecting residency in the Province for the purpose of this Act;
(c) respecting adoption consents, proof of identity, information to be provided by a prospective adoptive parent, criteria to determine suitability to undertake an intercountry adoption, training of a prospective adoptive parent and the placement of children for intercountry adoption;
(d) respecting the form and contents of reports under sections 17, 25 and 29;
(e) respecting rights of access to information, the confidentiality, security, disclosure and disposal of information acquired under the Act and the duration, renewal and cancellation of determinations under sections 17 and 25;
(f) prescribing additional information to be filed with a court before an adoption order is made under section 39;
(g) respecting service of documents and rules of procedure for an application or appeal under this Act;
(h) respecting post-adoption information release;
(i) respecting disclosure vetoes and no-contact declarations of other jurisdictions;
(j) respecting exemptions from advertising restrictions under section 50;
(k) prescribing the fees and expenses that may be charged under paragraph 54(c) for services relating to the adoption of a child;
(l) specifying persons under paragraph 54(d) who may charge for services relating to the adoption of a child;
(m) respecting agreements that the Minister may enter into for the purpose of this Act;
(n) prescribing forms for the purposes of this Act and providing for their use;
(o) defining words and phrases used in but not defined in this Act for the purposes of this Act, the regulations, or both;
(p) prescribing any matter or thing that is required or authorized by this Act to be prescribed by regulation;
(q) generally to give effect to the purpose of the Act.
2007, c.21, s.3
SCHEDULE A
CONVENTION ON PROTECTION OF CHILDREN
AND CO-OPERATION IN RESPECT OF
INTERCOUNTRY ADOPTION
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 intercountry 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 intercountry 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
Article 1
The objects of the present Convention are -
ato establish safeguards to ensure that intercountry adoptions take place in the best interests of the child and with respect for his or her fundamental rights as recognized in international law;
bto 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;
cto secure the recognition in Contracting States of adoptions made in accordance with the Convention.
Article 2
1The 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.
2The 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.
CHAPTER II — REQUIREMENTS 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 -
ahave established that the child is adoptable;
bhave 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;
chave ensured that
(1)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,
(2)such persons, institutions and authorities have given their consent freely, in the required legal form, and expressed or evidenced in writing,
(3)the consents have not been induced by payment or compensation of any kind and have not been withdrawn, and
(4)the consent of the mother, where required, has been given only after the birth of the child; and
dhave ensured, having regard to the age and degree of maturity of the child, that
(1)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,
(2)consideration has been given to the child’s wishes and opinions,
(3)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
(4)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 -
ahave determined that the prospective adoptive parents are eligible and suited to adopt;
bhave ensured that the prospective adoptive parents have been counselled as may be necessary; and
chave determined that the child is or will be authorized to enter and reside permanently in that State.
CHAPTER III — CENTRAL AUTHORITIES AND
ACCREDITED BODIES
Article 6
1A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention upon such authorities.
2Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and to specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State.
Article 7
1Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their States to protect children and to achieve the other objects of the Convention.
2They shall take directly all appropriate measures to -
aprovide information as to the laws of their States concerning adoption and other general information, such as statistics and standard forms;
bkeep one another informed about the operation of the Convention and, as far as possible, eliminate any obstacles to its application.
Article 8
Central Authorities shall take, directly or through public authorities, all appropriate measures to prevent improper financial or other gain in connection with an adoption and to deter all practices contrary to the objects of the Convention.
Article 9
Central Authorities shall take, directly or through public authorities or other bodies duly accredited in their State, all appropriate measures, in particular to -
acollect, preserve and exchange information about the situation of the child and the prospective adoptive parents, so far as is necessary to complete the adoption;
bfacilitate, follow and expedite proceedings with a view to obtaining the adoption;
cpromote the development of adoption counselling and post-adoption services in their States;
dprovide each other with general evaluation reports about experience with intercountry adoption;
ereply, in so far as is permitted by the law of their State, to justified requests from other Central Authorities or public authorities for information about a particular adoption situation.
Article 10
Accreditation shall only be granted to and maintained by bodies demonstrating their competence to carry out properly the tasks with which they may be entrusted.
Article 11
An accredited body shall -
a pursue only non-profit objectives according to such conditions and within such limits as may be established by the competent authorities of the State of accreditation;
bbe directed and staffed by persons qualified by their ethical standards and by training or experience to work in the field of intercountry adoption; and
cbe subject to supervision by competent authorities of that State as to its composition, operation and financial situation.
Article 12
A body accredited in one Contracting State may act in another Contracting State only if the competent authorities of both States have authorized it to do so.
Article 13
The designation of the Central Authorities and, where appropriate, the extent of their functions, as well as the names and addresses of the accredited bodies shall be communicated by each Contracting State to the Permanent Bureau of the Hague Conference on Private International Law.
CHAPTER IV — PROCEDURAL
REQUIREMENTS IN INTERCOUNTRY
ADOPTION
Article 14
Persons habitually resident in a Contracting State, who wish to adopt a child habitually resident in another Contracting State, shall apply to the Central Authority in the State of their habitual residence.
Article 15
1If the Central Authority of the receiving State is satisfied that the applicants are eligible and suited to adopt, it shall prepare a report including information about their identity, eligibility and suitability to adopt, background, family and medical history, social environment, reasons for adoption, ability to undertake an intercountry adoption, as well as the characteristics of the children for whom they would be qualified to care.
2It shall transmit the report to the Central Authority of the State of origin.
Article 16
1If the Central Authority of the State of origin is satisfied that the child is adoptable, it shall -
aprepare a report including information about his or her identity, adoptability, background, social environment, family history, medical history including that of the child’s family, and any special needs of the child;
bgive due consideration to the child’s upbringing and to his or her ethnic, religious and cultural background;
censure that consents have been obtained in accordance with Article 4; and
ddetermine, on the basis in particular of the reports relating to the child and the prospective adoptive parents, whether the envisaged placement is in the best interests of the child.
2It shall transmit to the Central Authority of the receiving State its report on the child, proof that the necessary consents have been obtained and the reasons for its determination on the placement, taking care not to reveal the identity of the mother and the father if, in the State of origin, these identities may not be disclosed.
Article 17
Any decision in the State of origin that a child should be entrusted to prospective adoptive parents may only be made if -
athe Central Authority of that State has ensured that the prospective adoptive parents agree;
bthe Central Authority of the receiving State has approved such decision, where such approval is required by the law of that State or by the Central Authority of the State of origin;
cthe Central Authorities of both States have agreed that the adoption may proceed; and
dit has been determined, in accordance with Article 5, that the prospective adoptive parents are eligible and suited to adopt and that the child is or will be authorized to enter and reside permanently in the receiving State.
Article 18
The Central Authorities of both States shall take all necessary steps to obtain permission for the child to leave the State of origin and to enter and reside permanently in the receiving State.
Article 19
1The transfer of the child to the receiving State may only be carried out if the requirements of Article 17 have been satisfied.
2The Central Authorities of both States shall ensure that this transfer takes place in secure and appropriate circumstances and, if possible, in the company of the adoptive or prospective adoptive parents.
3If the transfer of the child does not take place, the reports referred to in Articles 15 and 16 are to be sent back to the authorities who forwarded them.
Article 20
The Central Authorities shall keep each other informed about the adoption process and the measures taken to complete it, as well as about the progress of the placement if a probationary period is required.
Article 21
1Where the adoption is to take place after the transfer of the child to the receiving State and it appears to the Central Authority of that State that the continued placement of the child with the prospective adoptive parents is not in the child’s best interests, such Central Authority shall take the measures necessary to protect the child, in particular -
ato cause the child to be withdrawn from the prospective adoptive parents and to arrange temporary care;
bin consultation with the Central Authority of the State of origin, to arrange without delay a new placement of the child with a view to adoption or, if this is not appropriate, to arrange alternative long-term care; an adoption shall not take place until the Central Authority of the State of origin has been duly informed concerning the new prospective adoptive parents;
cas a last resort, to arrange the return of the child, if his or her interests so require.
2Having regard in particular to the age and degree of maturity of the child, he or she shall be consulted and, where appropriate, his or her consent obtained in relation to measures to be taken under this Article.
Article 22
1The functions of a Central Authority under this Chapter may be performed by public authorities or by bodies accredited under Chapter III, to the extent permitted by the law of its State.
2Any Contracting State may declare to the depositary of the Convention that the functions of the Central Authority under Articles 15 to 21 may be performed in that State, to the extent permitted by the law and subject to the supervision of the competent authorities of that State, also by bodies or persons who -
ameet the requirements of integrity, professional competence, experience and accountability of that State; and
bare qualified by their ethical standards and by training or experience to work in the field of intercountry adoption.
3A Contracting State which makes the declaration provided for in paragraph 2 shall keep the Permanent Bureau of the Hague Conference on Private International Law informed of the names and addresses of these bodies and persons.
4Any Contracting State may declare to the depositary of the Convention that adoptions of children habitually resident in its territory may only take place if the functions of the Central Authorities are performed in accordance with paragraph 1.
5Notwithstanding any declaration made under paragraph 2, the reports provided for in Articles 15 and 16 shall, in every case, be prepared under the responsibility of the Central Authority or other authorities or bodies in accordance with paragraph 1.
CHAPTER V — RECOGNITION AND EFFECTS
OF THE ADOPTION
Article 23
1An 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.
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.
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
1The recognition of an adoption includes recognition of
athe legal parent-child relationship between the child and his or her adoptive parents;
bparental responsibility of the adoptive parents for the child;
cthe 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 recognized, rights equivalent to those resulting from adoptions having this effect in each such State.
3The 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
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 recognizes the adoption under the Convention, be converted into an adoption having such an effect -
aif the law of the receiving State so permits; and
bif 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.
CHAPTER VI — GENERAL PROVISIONS
Article 28
The Convention does not affect any law of a State of origin which requires that the adoption of a child habitually resident within that State take place in that State or which prohibits the child’s placement in, or transfer to, the receiving State prior to adoption.
Article 29
There shall be no contact between the prospective adoptive parents and the child’s parents or any other person who has care of the child until the requirements of Article 4, sub-paragraphs a to c, and Article 5, sub-paragraph a, have been met, unless the adoption takes place within a family or unless the contact is in compliance with the conditions established by the competent authority of the State of origin.
Article 30
1The competent authorities of a Contracting State shall ensure that information held by them concerning the child’s origin, in particular information concerning the identity of his or her parents, as well as the medical history, is preserved.
2They shall ensure that the child or his or her representative has access to such information, under appropriate guidance, in so far as is permitted by the law of that State.
Article 31
Without prejudice to Article 30, personal data gathered or transmitted under the Convention, especially data referred to in Articles 15 and 16, shall be used only for the purposes for which they were gathered or transmitted.
Article 32
1No one shall derive improper financial or other gain from an activity related to an intercountry adoption.
2Only costs and expenses, including reasonable professional fees of persons involved in the adoption, may be charged or paid.
3The directors, administrators and employees of bodies involved in an adoption shall not receive remuneration which is unreasonably high in relation to services rendered.
Article 33
A competent authority which finds that any provision of the Convention has not been respected or that there is a serious risk that it may not be respected, shall immediately inform the Central Authority of its State. This Central Authority shall be responsible for ensuring that appropriate measures are taken.
Article 34
If the competent authority of the State of destination of a document so requests, a translation certified as being in conformity with the original must be furnished. Unless otherwise provided, the costs of such translation are to be borne by the prospective adoptive parents.
Article 35
The competent authorities of the Contracting States shall act expeditiously in the process of adoption.
Article 36
In relation to a State which has two or more systems of law with regard to adoption applicable in different territorial units -
aany reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit of that State;
bany reference to the law of that State shall be construed as referring to the law in force in the relevant territorial unit;
cany reference to the competent authorities or to the public authorities of that State shall be construed as referring to those authorized to act in the relevant territorial unit;
dany reference to the accredited bodies of that State shall be construed as referring to bodies accredited in the relevant territorial unit.
Article 37
In relation to a State which with regard to adoption has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State.
Article 38
A State within which different territorial units have their own rules of law in respect of adoption shall not be bound to apply the Convention where a State with a unified system of law would not be bound to do so.
Article 39
1The Convention does not affect any international instrument to which Contracting States are Parties and which contains provisions on matters governed by the Convention, unless a contrary declaration is made by the States Parties to such instrument.
2Any Contracting State may enter into agreements with one or more other Contracting States, with a view to improving the application of the Convention in their mutual relations. These agreements may derogate only from the provisions of Articles 14 to 16 and 18 to 21. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.
Article 40
No reservation to the Convention shall be permitted.
Article 41
The Convention shall apply in every case where an application pursuant to Article 14 has been received after the Convention has entered into force in the receiving State and the State of origin.
Article 42
The Secretary General of the Hague Conference on Private International Law shall at regular intervals convene a Special Commission in order to review the practical operation of the Convention.
CHAPTER VII — FINAL CLAUSES
Article 43
1The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Seventeenth Session and by the other States which participated in that Session.
2It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.
Article 44
1Any other State may accede to the Convention after it has entered into force in accordance with Article 46, paragraph 1.
2The instrument of accession shall be deposited with the depositary.
3Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the six months after the receipt of the notification referred to in sub-paragraph b of Article 48. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.
Article 45
1If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in the Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.
2Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.
3If a State makes no declaration under this Article, the Convention is to extend to all territorial units of the State.
Article 46
1The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the third instrument of ratification, acceptance or approval referred to in Article 43.
2Thereafter the Convention shall enter into force -
afor each State ratifying, accepting or approving it subsequently, or acceding to it, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance, approval or accession;
bfor a territorial unit to which the Convention has been extended in conformity with Article 45, on the first day of the month following the expiration of three months after the notification referred to it that Article.
Article 47
1A State Party to the Convention may denounce it by a notification in writing addressed to the depositary.
2The denunciation takes effect on the first day of the month following the expiration of twelve months after the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation takes effect upon the expiration of such longer period after the notification is received by the depositary.
Article 48
The depositary shall notify the States Members of the Hague Conference on Private International Law, the other States which participated in the Seventeenth Session and the States which have acceded in accordance with Article 44, of the following -
athe signatures, ratifications, acceptances and approvals referred to in Article 43;
bthe accessions and objections raised to accessions referred to in Article 44;
cthe date on which the Convention enters into force in accordance with Article 46;
dthe declarations and designations referred to in Articles 22, 23, 25 and 45;
ethe agreements referred to in Article 39;
fthe denunciations referred to in Article 47.
SCHEDULE B
Column I
Section
Column II
Category of Offence
23(1)..............
E
33(2)..............
E
49..............
E
50(1)..............
E
52(1)..............
F
58(4)..............
E
2007, c.21, s.4
N.B. This Act is consolidated to December 13, 2023.