Convention adoptions – sections 3 to 8
Section 8. Meaning of ‘Convention adoption’ and related expressions
46.This section provides for the necessary amendments to be made to section 72 of the 1976 Act and section 65 of the 1978 Act (interpretation), giving the meaning of ‘the Convention’, ‘Convention adoption’, ‘Convention adoption order’ and ‘Convention country’. A Convention adoption is an adoption effected outside the British Islands under the 1993 Convention and which has been certified under Article 23(1) of the Convention.
47.Article 23(1) falls under that part of the Convention dealing with the recognition and effects of adoption. It requires that where an adoption has been certified by the competent authority of the State of the adoption as having been made in accordance with the Convention, the adoption shall be recognised by operation of law in the other Contracting States. The certificate is to specify when and by whom the agreements under Article 17(c) were given.
48.Article 17(c) of the Convention falls under the general heading of duties of Central Authorities and accredited bodies and requires the Central Authorities of both States to have agreed that the adoption may take place. Agreement will only be given by each Central Authority if it is satisfied that the requirements of the relevant Articles of the Convention for which each is responsible have been met. A Convention adoption order is an adoption order made in England, Wales or Scotland as a Convention adoption.