Second

Session, 47th General Assembly

Elizabeth II, 2013

BILL 27

AN ACT RESPECTING

ADOPTIONS

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

PAUL DAVIS

Minister of Child, Youth and Family Services

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would repeal and replace the Adoption Act to modernize and clarify

the law respecting adoptions. It would

expand the definition of

relative;

remove the requirement that a

prospective adoptive parent reside in the province for at least 6 months before

a child may be placed with him or her;

allow persons who have a court

order for permanent custody of a child and who have had custody of that child,

under a temporary or permanent custody order for at least 2 years, to adopt

that child in the same manner as a relative or step-parent adoption;

provide for adult adoptions;

allow the court to authorize a

person to apply for adoption records where the birth parent or adopted person

is not capable of applying;

allow for the disclosure of

information to an adopted person or a birth parent where the adopted person was

born in the province but adopted in another province;

allow the provincial director

to share information with other adoption authorities where the information is

necessary for the authority to perform its duties or exercise its powers;

allow the registrar to enter

into information sharing agreements;

improve search services on

behalf of an adopted person; and

establish a statutory review

process for a review of the Act.

A BILL

AN ACT RESPECTING ADOPTIONS

Analysis

Short title

Definitions

Labrador Inuit rights

Best interests principle

PART

ADMINISTRATION

Provincial director

Managers

Adoption agency licence

Protection from liability

PART

TRANSFER OF CUSTODY OF CHILD

Transfer of custody to manager

PART

III

PLACEMENT OF CHILD FOR ADOPTION

Application of this

Part

Placement of child

Child's eligibility for placement

Approval of prospective adoptive parent

Matching by provincial director

Child's history

Direct placement

Placement with relative

Child's health care

PART

CONSENT TO ADOPTION OF CHILD

Consents

Birth parent under 19 years

Form of consent

Dispensing with consent

Revocation of consent

Revocation by child

Revocation of consent given outside

province

Court revocation

PART

COURT PROCEEDINGS TO ADOPT A CHILD

Who may apply to court

Required documents

Additional information

Inquiry requested by court

Appearance in court

Court proceedings private

Confidentiality

Change of child's name

Adoption order

Duties of court

Post adoption information

PART

EFFECT OF ADOPTION

Effect of adoption order

Status of adopted child

Effect on access order or agreement

Status of child adopted in another

province or country

PART VII

INTERPROVINCIAL AND INTERCOUNTRY ADOPTIONS

Approval of provincial director

Convention has force of law

Definitions

Central authority

Authority to act in the province

Authority to act in a contracting state

Conversion of adoptions

Disclosure by provincial director

PART

VIII

ADULT ADOPTIONS

Adult adoptions

PART

OPENNESS

Pre-adoption openness agreement

Post adoption openness agreement

Post adoption exchange of information

PART

DISCLOSURE BY REGISTRAR OF VITAL STATISTICS

Disclosure to adopted person

Disclosure to birth parent

Disclosure veto and statement

No-contact declaration and statement

Disclosure to person adopted in another

province

Disclosure to birth parent - out of

province adoption

Compliance with Vital Statistics Act,

Information sharing agreements

PART

POST ADOPTION SERVICES

Search and reunion services

Release of non-identifying information

PART

XII

CONFIDENTIALITY AND DISCLOSURE

Access to Information and Protection of

Privacy Act does not apply

Disclosure in the interest of adopted

child or person

Contact by provincial director

Provincial directors right to information

Disclosure of information

PART

XIII

DELEGATION, POWERS AND INSPECTION

Provincial director's and manager's

power to delegate

Inspections

Search with warrant

Telewarrant

PART

XIV

REGULATIONS

Ministerial regulations

Lieutenant-Governor in Council

regulations

Fees and forms

Service and notice

PART

ACCOUNTABILITY PROVISIONS

Statutory review

Appeals

PART

XVI

OFFENCES AND PENALTIES

Prohibitions

Advertising prohibition

Making a false statement

Liability for an offence

PART

XVII

TRANSITIONAL, REPEAL AND COMMENCEMENT

Transitional

SNL2001 cC-12.01 Amdt.

SNL2010 cC-12.2 Amdt.

SNL2005 cF-3.1 Amdt.

SNL2008 cP-7.01 Amdt.

SNL2009 cV-6.01 Amdt.

NLR 11/07 Amdt.

NLR 43/09 Amdt.

NLR 28/07 Amdt.

SNL1999 cA-2.1 Rep.

Commencement

Schedule

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Adoption Act,

2013 .

Definitions

2. In

this Act

(a) "adopted child" means a child

adopted under this Act or a former Act;

(b) "adopted person", except in sections 56 and

57 , means a person who is 19 years of age or

older who was, as a child, adopted under this Act or a former Act;

(c) "adoption agency" means an adoption

agency licensed under

section 7 ;

(d) "adoptive parent" means a person who

has adopted a child under this Act or a former Act;

(e) "child" means an unmarried person

under the age of 19 years;

(f) "convention" means the Convention on

Protection of Children and Co-operation in Respect of Intercountry Adoption

attached in the Schedule;

(g) "court" means the Trial Division -

Family Division or the Provincial

Court ;

(h) "custody" means the rights and

responsibilities of a parent in respect of a child;

(i) "direct placement" means the

selection, before a consent to adoption is irrevocable, of a prospective

adoptive parent by a birth parent or other person having custody of the child

and the approval of the placement of the child by a manager;

(j) "disclosure veto" means a document

filed under this Act, a former Act or

an Act of another province which prohibits

the release of birth registration or adoption order information identifying the

person who filed the document;

(k) "former Act" as the context

requires, includes the Adoption Act ,

the Adoption of Children Act , the Adoption of Children Act, 1964 and

Part

V of the Child Welfare Act, 1952 ;

(l) "judge" means a judge of the court;

(m) "manager" means a manager appointed

under the Children and Youth Care and

Protection Act ;

(n) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(o) "no-contact declaration" means a

document filed under this Act, a former Act or

an Act of another province which

prohibits a person seeking access to birth registration or adoption order

information from contact with the person who filed the document;

(p) "openness agreement" means an

agreement made under

section 51 or 52 to facilitate communication or to maintain personal

relationships after an adoption order is granted;

(q) "provincial director" means the

provincial director appointed under

section 5 ;

(r) "registrar" means the registrar general

appointed under

section 3 of the Vital

Statistics Act, 2009 ;

(s) "relative" means a parent,

grandparent, sibling, aunt, uncle or first cousin of a birth parent or a child

by birth or adoption; and

(t) "undertaking" means a document signed

by a person seeking access to birth registration or adoption order information under

this Act, a former Act or

an Act of another province in which he or she agrees

not to contact the person who filed the no-contact declaration while the no-contact

declaration is in effect.

Labrador Inuit

rights

3. This

Act and the regulations made under this Act shall be read and applied in

conjunction with the Labrador Inuit Land

Claims Agreement Act and, where a provision of this Act or the regulations

made under this Act is inconsistent or conflicts with a provision, term or condition

of the Labrador Inuit Land Claims

Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over

the provision of this Act or a regulation made under this Act.

Best interests

principle

(1) The

purpose of this Act is to create new and permanent family ties through

adoption.

(2) This Act shall be interpreted and administered

in accordance with the principle that the overriding consideration in a

decision to be made under this Act shall be the best interests of the child.

(3) In determining a child's best interests all

relevant factors shall be considered, including

(

a) the child's safety, health and well-being;

(

b) the child's physical, emotional and

developmental needs;

(

c) the quality of the relationship the child has

with a birth parent or other person significant to the child and the effect of

maintaining that relationship;

(

d) the child's identity and cultural and

community connections;

(

e) the child's views and wishes regarding his or

her adoption, where possible;

(

f) the importance of stability and permanency in

the context of the child's care;

(

g) the importance to the child's development of

having a positive relationship with a parent and a secure place as a member of

a family; and

(

h) the effect on the child where there is delay

in the making of a decision with respect to the child.

PART I

ADMINISTRATION

Provincial

director

5. The

minister shall appoint a person to be the provincial director of adoptions who

shall be responsible for

(

a) matching a child with a prospective adoptive

parent;

(

b) interprovincial adoptions;

(

c) adoptions to which the convention applies and

other intercountry adoptions;

(

d) establishing and reviewing standards and

qualifications for adoption agency licensing;

(

e) establishing province-wide policies, programs

and standards;

(

f) evaluating and monitoring adherence to the

established policies, programs and standards; and

(

g) advising and reporting to the minister on

matters with respect to this Act and the regulations.

Managers

(1) A

manager appointed under the Children and

Youth Care and Protection Act shall exercise the powers and perform the

duties that are conferred or imposed upon a manager by this Act and the regulations.

respect to the appointment of a manager for the purposes of this Act and the

regulations.

Adoption agency

licence

(1) A

manager may issue a licence to operate an adoption agency to a person who

(

a) submits an application in the required form;

(

b) submits the documents and other information

required under this Act and the regulations;

(

c) submits satisfactory proof that he or she has

the educational, employment and other qualifications required under this Act

and the regulations;

(

d) meets the requirements of this Act and the

regulations respecting the establishment of an adoption agency; and

(

e) pays the required fee.

(2) Where a corporation applies for a licence to

operate an adoption agency, paragraph (1)(

c) applies to the employees of the

corporation.

(3) Where there is a change in employees in a corporation

licensed under subsection (1), the corporation shall immediately notify the

manager of the change and ensure that new employees meet the requirements of

paragraph (1)(c).

(4) Where an application for a licence under

subsection (1) is refused, the manager shall notify the person in writing of

his or her refusal to issue the licence and provide to that person the reasons

for the refusal.

(5) A licence issued under this

section may be

(6) A licence issued under this

section may be

renewed where it meets the requirements in subsection (1).

(7) An adoption agency licensed under this

section

shall keep as confidential all information with respect to adoptions except where

it is required to be released under this Act, the regulations or another Act.

(8) A person shall not carry on the work of an

adoption agency unless that person holds a licence issued under this section.

(9) A licence issued under this

section is not

transferable.

(10) Notwithstanding subsection (9), where a

corporation licensed under this

section transfers ownership it may transfer the

licence where

(

a) the prior approval of the manager is obtained;

and

(

b) the employees meet the requirements of paragraph

(1)(c).

(11) Where an adoption agency does not comply with

this Act or the regulations, a manager may, notwithstanding a penalty that may

be imposed under

section 82 , revoke a licence

issued to that agency under this section.

Protection from

liability

8. The

provincial director, a manager, a social worker, the registrar or other person

is not personally liable for anything done or omitted in good faith in the

exercise or performance, or intended exercise or performance, of a power, duty

or function

(

a) conferred or imposed upon him or her by this

Act or the regulations; or

(

b) on behalf of or under the direction of a

person on whom the power, duty or function is conferred or imposed by this Act

or the regulations,

or for the costs in connection with an

action or proceeding.

PART II

TRANSFER OF CUSTODY OF CHILD

Transfer of

custody to manager

(1) A

birth parent or other person having custody of a child whom he or she wishes to

place for adoption shall transfer the custody of that child to a manager for

the purpose of the adoption.

(2) Where custody of a child is transferred to a

manager under subsection (1), it shall

remain with that manager until an adoption order is granted or a consent to the

adoption is revoked under this Act.

(3) Where a manager has custody of a child under

subsection (1), the public trustee is the guardian of that child's estate.

(4) This

section does not apply to

(

a) an adoption by a relative of a child;

(

b) a person applying to become a parent jointly

with the parent of a child;

(

c) an adoption by a person who has permanent

custody of a child and has had custody of that child under a temporary or

permanent court order for at least 2 years; and

(

d) a child placed for adoption from another

province or country.

PART III

PLACEMENT OF CHILD FOR ADOPTION

Application of

this

Part

10. This

Part does not apply to a person who

(

a) wishes to become a parent jointly with the

parent of a child; or

(

b) has permanent custody of a child and has had custody

of that child under a temporary or permanent court order for at least 2 years.

Placement of

child

11. A

child may be placed for adoption with one prospective adoptive parent or 2

prospective adoptive parents jointly who are resident of the province.

Child's eligibility

for placement

(1) Before

a child is eligible for placement for adoption, a manager or an adoption agency

shall

(

a) provide information on adoption and

alternatives to adoption to the birth parent or other person having custody of

the child and who is requesting the placement of that child for adoption;

(

b) obtain as much information as possible about

the medical and social history of the child's birth family and preserve the

information for that child;

(

c) ensure that the child,

(

i) where 5 years of age or older, has been

counselled on the effect of adoption, and

(ii) where 12 years of age or older, has given his

or her consent to the adoption; and

(

d) make reasonable efforts to obtain consents

required under

section 19 .

(2) Where consent cannot be obtained under

paragraph 12 (1)(d), a manager or adoption

agency shall apply to the court to dispense with consent.

(3) Where the documentation in subsection (1) is obtained

by an adoption agency, the adoption agency shall forward the documentation to

the manager.

Approval of prospective

adoptive parent

(1) Before

a person may be approved as a prospective adoptive parent, a home assessment

shall be completed.

(2) Where the home assessment referred to in

subsection (1) is completed by an adoption agency the agency shall forward the

completed home assessment to the manager.

(3) The manager, based on the home assessment

completed under subsection (1), may approve a person to be a prospective

adoptive parent.

(4) Where it is in the best interests of the child,

a manager may revoke the approval of a prospective adoptive parent at any time

before an adoption order is granted.

(5) Notwithstanding subsections (2) to (4), where

the home assessment relates to an interprovincial or intercountry adoption

(

a) the adoption agency shall forward the

completed home assessment to the provincial director; and

(

b) the provincial director may

(

i) approve a person to be a prospective adoptive

parent, and

(ii) where it is in the best interests of the child,

revoke the approval of a prospective adoptive parent at any time before an

adoption order is granted.

Matching by provincial

director

(1) The

provincial director shall determine the manner in which a child is matched with a prospective adoptive parent for

placement in that prospective adoptive parent's home for the purpose of adoption.

(2) Before a prospective adoptive parent is

matched with a child, the provincial director may request that a manager obtain

further information from, and regarding, a prospective adoptive parent who has

been approved under

section 13 .

(3) Before a prospective adoptive parent is

matched with a child, the provincial director shall, where the birth parent or

other person having custody of that child and requesting the placement wishes

to select that child's prospective adoptive parent, provide the manager with

information to share with the birth parent or other person having custody of that

child.

(4) Information shared by the manager under

subsection (3) may be, in the discretion of the manager, identifying or

non-identifying information.

Child's history

15. Before

a child is placed with a prospective adoptive parent the manager shall give the

prospective adoptive parent information relating to that child's social and

medical history.

Direct placement

(1) A

birth parent or other person having custody of a child may request the

placement of that child for adoption by a direct placement.

(2) Where a birth parent or other person having

custody of a child requests a direct placement of that child, he or she shall

submit a plan to a manager for approval.

(3) A manager may only approve a direct placement

where

(

a) the plan referred to in subsection (2) has

been approved by a manager;

(

b) the prospective adoptive parent has been

approved by a manager to have that child placed with him or her; and

(

c) the prospective adoptive parent has received

information relating to that child's social and medical history.

(4) Section 14 does

not apply to a placement under this section.

Placement with relative

(1) A

birth parent or other person having custody of a child may place that child for

adoption with a relative of that child.

(2) Sections 12 to

16 do not apply to a placement under subsection

(1).

Child's health

care

18. Where

a child has been placed with a prospective adoptive parent for the purpose of

adoption, the prospective adoptive parent may

(

a) authorize a health care provider to examine that

child; and

(

b) consent to routine health care for that child

where, in the opinion of the health care provider, the health care should be

provided.

PART IV

CONSENT TO ADOPTION OF CHILD

Consents

(1) A

child shall only be adopted in the province where the following persons have

consented:

(

a) the child, where the child is 12 years of age

or older;

(

b) the birth mother;

(

c) the father; and

(

d) where applicable, a person having custody of

the child.

(2) For the purpose of giving consent for an

adoption, a father is a person who

(

a) has acknowledged paternity by signing the

child's birth registration;

(

b) is or was the person with custody or joint

custody with the birth mother;

(

c) has acknowledged paternity and has custody or

access rights to the child by an order of the court or an agreement enforceable

under

Part III of the Children's Law Act

Part IV of the Family Law Act ;

(

d) has acknowledged paternity and has supported,

maintained or cared for the child voluntarily or under a court order; or

(

e) has acknowledged paternity and is named by the

birth mother as the child's father.

(3) A birth mother's consent to the adoption of

her child is only valid where her child is more than 7 days old when her

consent is given.

(4) Notwithstanding subsection (1), where a child

is in the continuous custody of a manager, the only consents required for the

adoption of that child are those of the manager and of that child, where the

child is 12 years of age or older.

(5) Notwithstanding subsection (1), where a child

who has been adopted is to be adopted again, the consent of a person who became

a parent at the time of the previous adoption is required instead of the person

who ceased to have any parental rights and responsibilities upon the granting

of the previous adoption order.

(6) Notwithstanding subsection (1), where a child

from another province or country is to be placed for adoption in the province,

the laws of that province or country shall apply with respect to the consents required.

(7) Where a person whose consent is required under

this

section is deceased, production of proof satisfactory to the court of that

person's death is required.

Birth parent

under 19 years

20. A

birth parent who is under 19 years of age may give a valid consent to the

adoption of his or her child.

Form of consent

(1) A

consent to the adoption of a child in the province by a person resident in the

province shall be in the required form.

(2) A consent to the adoption of a child in the

province by a person resident outside the province shall be in the required

form or in the form required by the province or country where the person resides.

Dispensing with

consent

(1) The

court may, by order, dispense with a consent required under this Part where

(

a) it is in the best interests of the child;

(

b) the person whose consent is required is not capable

of giving an informed consent;

(

c) reasonable but unsuccessful efforts have been

made to locate the person whose consent is required;

(

d) the person whose consent is required

(

i) has abandoned the child,

(ii) has not made reasonable efforts to meet his or

her parental obligations to the child, or

(iii) is not capable of caring for the child; or

(

e) there are other circumstances that justify

dispensing with consent.

(2) Notwithstanding subsection (1), the court may,

by order, dispense with a required consent of a child only where that child is

not capable of giving informed consent.

(3) Before granting an order under this section, the

court may consider a recommendation made by the provincial director, a manager,

a social worker, a parent or a person who has custody of the child.

(4) An application may be made under this

section

without notice to another person and may be joined with another application

that may be made under this Act.

Revocation of

consent

(1) A person who has consented to a child's adoption may, in

writing, revoke his or her consent.

(2) Where the consent was provided to a manager

the revocation of consent shall be received by the manager not more than 21

days after the consent was given.

(3) As soon as possible after receiving the

revocation, the manager shall make reasonable efforts to notify the prospective

adoptive parent and each person who consented to the adoption.

(4) Where the person revoking consent had custody

of the child immediately before giving consent, the child shall be returned to

that person as soon as possible after the manager receives the revocation.

(5) Where the consent was provided to one of the

following persons the revocation of consent shall be received by that person

not more than 21 days after the consent was given:

(

a) a relative of the child;

(

b) a parent of the child; or

(

c) a person who has permanent custody of a child

and has had custody of that child under a temporary or permanent court order

for at least 2 years.

Revocation by

child

(1) At

any time before an adoption order is granted a child who consented to his or

her adoption may revoke his or her consent.

(2) Revocation of consent under subsection

(1) shall be provided to a manager or where the consent was provided to one of the

following persons the revocation of consent shall be provided to that person:

(

a) a relative of the child;

(

b) a parent of the child; or

(

c) a person who has permanent custody of a child

and has had custody of that child under a temporary or permanent court order

for at least 2 years.

Revocation of

consent given outside province

(1) Where

consent to the adoption of a child in the province was given under the law of

another province or country it may be revoked in accordance with the law of

that province or country.

(2) Subsection (1) does not limit a childs right

under

section 24 to revoke consent before an adoption order is granted.

Court revocation

(1) A

person may apply to the court to have his or her consent revoked where

(a) 21 days have passed since the consent was

given; and

(

b) an adoption order has not been granted.

(2) A notice of an application to the court under

subsection (1) shall be served on the manager who has custody of the child and each person who consented

to the adoption.

(3) A notice is not required to be served on the

manager under subsection (2) where the application to revoke consent relates to

an adoption by

(

a) a relative of a child;

(

b) a person who wishes to become a parent

jointly with the parent of a child; or

(

c) a person who has permanent custody of a child

and has had custody of that child under a temporary or permanent court order

for at least 2 years.

(4) The court, in accordance with this section, may

revoke a consent to an adoption where it is satisfied that it would be in the

best interests of the child.

(5) Notwithstanding subsection (1), where a

manager has custody of a child and the child has not been placed with a

prospective adoptive parent an application to court for the revocation of a

consent is not required and the approval of revocation may be given by a manager.

PART V

COURT PROCEEDINGS TO ADOPT A CHILD

Who may apply to

court

(1) One

adult alone or 2 adults jointly may apply to the court to adopt a child under

this Act.

(2) One adult may apply to the court to jointly

become a parent with a parent of a child.

(3) Immediately before applying to the court to

adopt a child the person shall

(

a) be a resident of the province; and

(

b) have had that child residing with him or her

for at least 6 months.

Required documents

(1) An

application to the court to adopt a child shall include

(

a) all consents required for the adoption, the

orders dispensing with consent or the applications to dispense with consent;

(

b) the child's birth registration or, where it

cannot be obtained, satisfactory evidence of the facts relating to the child's

birth;

(

c) where the child was born outside Canada , proof of the child's Canadian

citizenship or permanent resident status in Canada ;

(

d) information on the child's social and medical

history, where available;

(

e) where the child is 5 years of age or older,

proof that he or she has been counselled on the effect of adoption;

(

f) an approved home assessment;

(

g) post placement reports;

(

h) documentation from a manager certifying that

the person applying to adopt is a resident of the province and

(

i) the child has lived with him or her for at

least 6 months immediately before the date of the application and that, during

that time the conditions under which the child has lived justify the making of

the adoption order, or

(ii) to the knowledge of the manager, the person

applying to adopt is an appropriate person to adopt the child and stating the

reasons why he or she may be exempted from the requirement under paragraph 27 (3)(b); and

(

i) additional information that may be required by

the regulations.

(2) Notwithstanding paragraph (1)(h), where the

application relates to an interprovincial or intercountry adoption the documentation

in paragraph (1)(

h) shall be certified by the provincial director.

(3) Notwithstanding subsection (1), paragraphs

(1)(d), (f), (

g) and (

h) do not apply to an application made by a person where he

or she

(

a) is a relative of a child;

(

b) wishes to become a parent jointly with the

parent of a child; or

(

c) has permanent custody of a child and has had custody

of that child under a temporary or permanent court order for at least 2 years.

Additional information

29. Where

a person has applied for an adoption order the provincial director, a manager,

a social worker or an adoption agency may file with the court

(

a) information considered necessary to enable the

court to determine whether the proposed adoption is in the childs best

interests; and

(

b) a recommendation on an issue relating to the

adoption.

Inquiry requested

by court

30. The

court may require the provincial director, a manager, a social worker or an

adoption agency to inquire into a matter respecting an application for an

adoption order that the court considers necessary.

Appearance in

court

31. The

provincial director, a manager or a social worker may appear in court in

respect of a matter arising under this Act.

Court proceedings

private

32. An

application under this Act or another Act for an order relating to a child

placed for adoption, or an appeal from that order, may be heard and a decision

made in the absence of the public.

Confidentiality

(1) Where

the identity of a birth parent or other person having custody of a child and

the identity of a person applying for an adoption order are not known to each

other, the court may order that their identities or information that could

reveal their identities not be disclosed.

(2) An application for an order under this Act or

a document filed in court in connection with the application may be searched

only

(

a) by order of the court; or

(

b) with the approval of the provincial director.

Change of child's

name

(1) The

court may change a child's given names or family name where

(

a) the person applying to adopt a child requests

a change of name; and

(

b) the requirements in subsection (2) are met.

(2) Where the child to whom the application under

subsection (1) relates is 5 years of age or older, his or her views shall be

considered and, where the child is 12 years of age or older, his or her consent

shall be obtained.

(3) A childs consent under subsection (2) is not

required where the court has dispensed with the childs consent to the

adoption.

Adoption order

(1) The

court may make an adoption order where the requirements in

section 27 are met and based on the information and evidence

provided under sections 28 to 31 the court is satisfied that it is in the child's

best interests to be adopted by the person applying for the adoption order.

(2) Where there is a requirement under this Act that

the child reside with the person applying to adopt for at least 6 months, the

court may increase or decrease that time period or dispense with that requirement.

Duties of court

(1) Where

an adoption order is granted, the court shall send a certified copy of the

order to

(

a) the registrar; and

(

b) the manager.

(2) Notwithstanding subsection (1), where the

adoption order referred to in subsection (1) relates to an interprovincial or intercountry

adoption, the court shall send

(a) 2 certified copies of the order to the registrar;

and

(

b) one certified copy of the order to the provincial

director.

(3) Paragraphs (1)(

b) and (2)(

b) do not apply to

an adoption order where the person who is applying

(

a) is a relative of a child;

(

b) wishes to become a parent jointly with the

parent of a child; or

(

c) has permanent custody of a child and has had custody

of that child under a temporary or permanent court order for at least 2 years.

(4) The court shall provide in a

schedule to the

adoption order information relating to the adoption and direct the registrar to

record the information in compliance with the requirements of the Vital Statistics Act, 2009 .

Post adoption

information

(1) The

adoption order, application, documents filed and record of proceedings in

relation to an application for adoption shall be kept by the court in a sealed

packet and documents in the possession of or under the control of the provincial

director relating to the adopted child shall be kept by the provincial director

in a sealed packet and neither packet shall be opened except by an order of the

court or upon the direction of the provincial director.

(2) A person is not entitled to obtain information

in respect of an adoption or have a sealed packet referred to in subsection

(1) searched or obtain information from it except as provided for in this Act or

the regulations.

PART VI

EFFECT OF ADOPTION

Effect of

adoption order

(1) Where

an adoption order is granted,

(

a) the child becomes the child of the adoptive

parent;

(

b) the adoptive parent becomes the parent of the

child;

(

c) a birth parent ceases to have parental rights

and obligations in respect of that child, except a birth parent who remains as

a parent jointly with the adoptive parent;

(

d) a person having custody of the child ceases to

have that custody; and

(

e) a person whose consent is required under

section 19

ceases to have a right or obligation with respect to that child.

(2) Where a child is subsequently adopted,

(

a) the child becomes the child of the subsequent

adoptive parent;

(

b) the subsequent adoptive parent becomes the

parent of the child;

(

c) an adoptive parent immediately before the

subsequent adoptive parent ceases to have parental rights and responsibilities

with respect to that child except an adoptive parent who remains as a parent

jointly with the subsequent adoptive parent; and

(

d) a person having custody of the child ceases to

have that custody.

(3) An adoption order does not affect an interest

in property or a right of the adopted child that vested in that child before

the date of the adoption order.

Status of adopted

child

39. The

status of an adopted child is as set out in

Part I of the Childrens Law Act .

Effect on access

order or agreement

(1) Where

an adoption order is granted, an order or an agreement that is enforceable

under

Part III of the Childrens Law Act

Part IV of the Family Law Act for

access to the adopted child ceases unless the court orders otherwise under

subsection (2).

(2) Where it is in the childs best interests the

court may continue or vary an access order or an access provision of an

agreement that is enforceable under

Part III of the Childrens Law Act or

Part IV of the Family Law Act .

Status of person

adopted in another province or country

41. Where

a person was adopted under the laws of another province or country, the person and

his or her adoptive parent have the same status, rights and duties as if the

adoption had been in accordance with this Act.

PART VII

INTERPROVINCIAL AND INTERCOUNTRY ADOPTIONS

Approval of provincial

director

(1) Before

a child who is not a resident of the province is brought into the province for

adoption, the provincial director shall approve the selection of a person with

whom the child being adopted is to be placed.

(2) Section 11 , paragraphs

12 (1)(b), (c), and (d), subsection 12 (2) and sections 13, 15

and 18 apply to

interprovincial and intercountry adoptions.

(3) Upon receiving confirmation from the province

or country in which the child is resident that the child is available for adoption

and that there has been compliance with the laws of that province or country the

provincial director may approve the placement of that child with the prospective

adoptive parent.

(4) This

section does not apply to a child who is

brought into the province for adoption by

(

a) a relative of a child;

(

b) a person who wishes to become a parent jointly

with the parent of a child; or

(

c) a person who has permanent custody of a child

and has had custody of that child under a temporary or permanent court order

for at least 2 years.

Convention has

force of law

(1) The

provisions of the Convention on Protection of Children and Co-operation in

Respect of Intercountry Adoption have the force of law in the province.

(2) This Act and the regulations and other laws of

the province apply to an adoption to which the convention applies.

(3) Notwithstanding subsection (2), in respect of

an adoption to which the convention applies, where this Act or the regulations or

another law of the province conflicts with the convention, the convention prevails.

Definitions

44. Words

and expressions used in sections 45 to 49 have the same meaning as in the convention.

Central authority

45. The

provincial director is the Central Authority for the province for the purpose

of the convention.

Authority to act

in the province

46. Where

authorized by the provincial director, a body accredited in a contracting state

may act in the province.

Authority to act in

a contracting state

47. The

provincial director may authorize an adoption agency licensed under this Act to

act in a contracting state.

Conversion of

adoptions

(1) Upon

application by a person resident in the province, the court may make an order

converting an adoption referred to in

Article 27 of the convention to an

adoption under this Act.

(2) An application for an order under subsection

(1) shall be accompanied by proof that the consents required under

Article 27

of the convention have been given.

Disclosure by

provincial director

49. The

provincial director may, in accordance with this Act or the regulations, disclose

to a person who is 19 years of age or older who, as a child, was adopted in

accordance with the convention, information in the provincial director's

records concerning the person's origin.

PART VIII

ADULT ADOPTIONS

Adult adoptions

50 .

(1) One

adult alone or 2 adults jointly who are resident of the province may apply to the

court to adopt another adult under this Act.

(2) An adult may only be adopted in the province

where he or she is a Canadian citizen or has the status of a permanent resident

of Canada .

(3) The only consent required for an adult

adoption is the consent of the adult being adopted.

(4) Notwithstanding subsection (3), the court may

dispense with the consent of the adult being adopted where he or she is not

capable of giving informed consent.

(5) At any time before an adoption order is

granted an adult who consented to his or her adoption may revoke his or her

consent.

(6) Where the court is satisfied with the reason

for the adoption the court may grant an adoption order.

(7) Where an adoption order is granted under this

Part, the court shall send a certified copy of the order to the registrar.

(8) The court shall provide in a

schedule to the

adoption order information relating to the adoption and direct the registrar to

record the information in compliance with the requirements of the Vital Statistics Act, 2009 .

(9) An adult adopted under this Part has the same

rights, benefits and status as a child adopted under this Act.

PART IX

OPENNESS

Pre-adoption openness

agreement

(1) Before

an adoption order is granted, an openness agreement may be entered into between

a prospective adoptive parent of a child and one or more of the following:

(

a) a birth parent of that child;

(

b) a relative of that child;

(

c) a person significant to that child; and

(

d) a prospective adoptive parent or adoptive

parent of a birth sibling of that child.

(2) An openness agreement may be entered into only

after the consent to the adoption is given by the birth parent or other person

having custody of the child.

(3) Where a child is 12 years of age or older, his

or her consent to an agreement made under this

section is required.

Post adoption openness

agreement

(1) After

an adoption order is granted, an adoptive parent of a child and one or more

persons referred to in paragraphs 51 (1)(a), (

b) and (

c) may register with the provincial director to indicate his or her interest

in entering into an openness agreement.

(2) The provincial director may assist the adoptive

parent and one or more persons who have registered under subsection (1) in reaching

an openness agreement.

(3) Where a child is 12 years of age or older, his

or her consent to an agreement made under this

section is required.

Post adoption exchange

of information

(1) After

an adoption order is granted, an adoptive parent of a child and one or more

persons referred to in paragraphs 51 (1)(a), (

b) and (

c) may register with the provincial director to indicate his or her interest

in exchanging information.

(2) After an adoption order is granted, an adopted

person and an adult relative of that adopted person may register with the

provincial director to indicate his or her interest in exchanging information.

(3) The provincial director may facilitate the

exchange of non-identifying information between the persons registered under

subsection (1) or (2).

(4) Where the persons registered under subsection

(1) or (2) wish to exchange identifying information, the provincial director may

disclose to a person the identifying information provided by the other.

PART X

DISCLOSURE BY REGISTRAR OF VITAL STATISTICS

Disclosure to

adopted person

(1) An

adopted person may apply to the registrar for a copy of the following:

(

a) his or her original birth registration; and

(

b) the adoption order.

(2) Where an adopted person applying under

subsection (1) complies with

section 60 , the

registrar shall give him or her a copy of the requested documents unless

(

a) a disclosure veto has been filed under

section

56 ; or

(

b) a no-contact declaration has been filed under

section 57 and the person applying has not

signed an undertaking.

(3) Notwithstanding subsection (2), where a disclosure

veto or no-contact declaration has been filed by only one of the birth parents,

the registrar shall provide the adopted person with the documents referred to

in subsection (1), but shall first remove the information respecting the person

who has filed a disclosure veto or no-contact declaration.

(4) Where an adopted person is not capable of

applying for the documents referred to in subsection (1), the court may, by

order, authorize a person to apply for the documents on behalf of the adopted

person.

Disclosure to

birth parent

(1) A

birth parent named on an adopted person's original birth registration may, with

respect to that adopted person, apply to the registrar for a copy of one or

more of the following:

(

a) the original birth registration with a

notation of the adoption and changes of name consequent to the adoption;

(

b) the birth registration that was substituted

for the adopted person's original birth registration; and

(

c) the adoption order.

(2) The registrar shall remove identifying information

of an adoptive parent from the documents given to a birth parent under this section.

(3) Where a birth parent applying under subsection

(1) complies with

section 60 , the registrar

shall give to him or her a copy of the requested documents unless

(

a) a disclosure veto has been filed under

section

56 ; or

(

b) a no-contact declaration has been filed under

section 57 and the person applying has not

signed an undertaking.

(4) Where a birth parent is not capable of

applying for the documents referred to in subsection (1) the court may, by

order, authorize a person to apply for the documents on behalf of the birth parent.

Disclosure veto

and statement

(1) In

this

section and

section 57 , "adopted

person" means a person who is 18 years of age or older who, as a child, was

adopted under

an Act of the province that was in force before April 30, 2003.

(2) The following persons may apply to the registrar

to file a disclosure veto:

(

a) an adopted person; and

(

b) a birth parent named on the original birth

registration of an adopted person.

(3) Where a person applying under subsection

(2) complies with paragraph 60 (a), the registrar

shall file the disclosure veto submitted by that person.

(4) A person who files a disclosure veto under

this

section may file with it a written statement that includes the information

he or she wishes to disclose.

(5) Where a person applying for information is

informed that a disclosure veto has been filed, the registrar shall give to him

or her the written statement filed under subsection (4).

(6) A person who has filed a disclosure veto may,

in writing, request that the registrar cancel the veto and the registrar shall

carry out that request.

(7) Unless cancelled under subsection (6), a

disclosure veto continues in effect until one year after the death of the

person who filed the veto.

(8) While a disclosure veto is in effect, the

registrar shall not disclose information that is applied for under

section 54 or 55 that relates

to the person who filed the veto.

No-contact declaration

and statement

(1) A

birth parent named on the original birth registration of an adopted person and

who wishes not to be contacted by the person named as his or her child in the

registration may apply, in writing, to the registrar to file a no-contact

declaration.

(2) An adopted person who wishes not to be

contacted by a birth parent named on his or her original birth registration may

apply, in writing, to the registrar to file a no-contact declaration.

(3) Where a person applying under subsection

(1) or (2) complies with paragraph 60 (a), the

registrar shall file the no-contact declaration.

(4) The registrar shall not give a person to whom

a no-contact declaration applies a copy of a birth registration or other document

naming the person who filed that declaration unless the person applying has, in

the required form, signed an undertaking respecting that registration or

document.

(5) A person who is named in a no-contact

declaration filed under this

section and has signed an undertaking under

subsection (4) shall not

(

a) knowingly contact or attempt to contact the

person who filed the declaration;

(

b) procure another person to contact or attempt

to contact the person who filed the declaration;

(

c) use information obtained under this Act or the

regulations to intimidate or harass the person who filed the declaration; or

(

d) procure another person to intimidate or

harass, by the use of information obtained under this Act or the regulations,

the person who filed the declaration.

(6) A person who files a no-contact declaration under

this

section may file with it a written statement that includes the information

he or she wishes to disclose.

(7) Where a person to whom a no-contact

declaration relates is given a copy of a birth registration under

section 54 or 55 , the registrar

shall give to him or her the written statement filed under subsection (6).

(8) A person who has filed a no-contact

declaration may request, in writing, that the registrar cancel the no-contact

declaration and the registrar shall carry out that request.

Disclosure to person

adopted in another province

(1) An

adult who was born in the province but as a child was adopted in another

province may apply to the registrar for a copy of his or her original birth

registration.

(2) The registrar may give a person who applies

under subsection (1) a copy of his or her original birth registration where

(

a) he or she provides a copy of his or her

adoption order issued by the authority responsible for adoption records in the province

where he or she was adopted;

(

b) he or she complies with

section 60 ;

(

c) a disclosure veto has not been filed under an

Act in the province where he or she was adopted; and

(

d) either a no-contact declaration has not been

filed under

an Act in the province where he or she was adopted or a no-contact

declaration has been filed in that province and the person applying has signed

an undertaking.

(3) Notwithstanding subsection (2), where a

disclosure veto or no-contact declaration has been filed by only one of the birth

parents, the registrar may provide the person applying under subsection (1) with

a copy of his or her original birth registration but shall first remove the information

respecting the person who has filed a disclosure veto or no-contact

declaration.

Disclosure to

birth parent - out of province adoption

(1) A

birth parent named on an original birth registration of an adult who was born

in the province but as a child was adopted in another province may, with

respect to that adult, apply to the registrar for a copy of one or more of the

following:

(

a) the original birth registration with a

notation of the adoption and changes of name consequent to the adoption;

(

b) the birth registration that was substituted

for the adult's original birth registration; and

(

c) the adoption order.

(2) The registrar may give a birth parent applying

under subsection (1) a copy of the requested documents where

(

a) the registrar receives written confirmation

that

(

i) a disclosure veto or no-contact declaration

has not been filed under

an Act in the province where the adult was adopted, or

(ii) a no-contact declaration has been filed under

an Act in the province where the adult was adopted and the birth parent has signed

an undertaking;

(

b) the registrar receives written consent to

release the information in paragraph (

a) to the birth parent; and

(

c) the birth parent complies with

section 60 .

(3) The written confirmation and consent referred

to in subsection (2) may only be accepted by the registrar where it is provided

by a senior official from the authority responsible for adoption records in the

province where the adult was adopted.

(4) The registrar may release identifying and

non-identifying information to the authority responsible for adoption records

in another province where it is necessary to determine if a disclosure veto or

no-contact declaration has been filed in that province.

(5) The registrar shall remove identifying

information of an adoptive parent from the documents given to a birth parent

under this section.

Compliance with Vital Statistics Act, 2009

60. A

person who applies to the registrar under this Part shall

(

a) supply proof of identity that the registrar

may require; and

(

b) where the application is for a copy of information,

pay the required fee.

Information

sharing agreements

(1) The

registrar may enter into agreements respecting the sharing of information,

including personal information, obtained under the authority of this Act or the

regulations.

(2) In this section, "personal

information" means personal information as defined in the Access to

Information and Protection of Privacy Act .

PART XI

POST ADOPTION SERVICES

Search and

reunion services

(1) An

adult who has obtained a copy of documents under

section 54 or 55 may apply to

the provincial director for assistance in locating

(

a) where he or she is an adopted person, his or

her

(

i) birth parent,

(ii) birth grandparent,

(iii) adult birth or adopted sibling, and

(iv) other adult birth or adopted relatives; or

(

b) where he or she is a birth parent, his or her

adult adopted child.

(2) A person who signed a consent to an adoption

or a person who was named by the mother as the father of the adopted person and

who has acknowledged paternity of the adopted person may apply to the

provincial director for assistance in locating that adopted person.

(3) An adopted person may apply to the provincial director

for assistance in locating

(

a) a person who signed a consent to an adoption

or a person who was named by the mother as the father of an adopted person and

who has acknowledged paternity of the adopted person; and

(

b) an adopted sibling.

(4) After the death of an adopted person an adult

son or daughter or adult grandchild of the deceased may apply to the provincial

director for assistance in locating

(

a) a birth parent of the deceased;

(

b) a birth grandparent of the deceased;

(

c) an adult birth or adopted sibling of the

deceased; and

(

d) other adult birth or adopted relatives of the

deceased.

(5) An adult birth sibling of an adopted person

may apply to the provincial director for assistance in locating the adopted

person where

(

a) the birth parent of both the sibling and the

adopted person is deceased; or

(

b) where the sibling and the adopted person share

2 birth parents, both parents are deceased.

(6) A person applying under subsection (4) or

(5) shall provide to the provincial director a copy of the deceased's death certificate.

(7) A person is not entitled to assistance under

this

section in locating a person who has filed a disclosure veto or a no-contact

declaration under

section 56 or 57 .

(8) The provincial director shall advise a person

applying under this

section that the person whom he or she requested assistance

in locating

(

a) wishes to be contacted;

(

b) does not wish to be contacted;

(

c) cannot be contacted; or

(

d) is deceased.

(9) Where a person located by the provincial director

wishes to be contacted by a person applying under this section, the provincial

director may assist them to meet or communicate.

(10) Where a person located by the provincial

director does not wish to be contacted by a person applying under this section,

the provincial director shall not disclose identifying information regarding

the person.

Release of

non-identifying information

63. Upon

a request of an adopted person or birth parent registered under

section 53 , the provincial director may release to him or her

non-identifying information with respect to the adoption.

PART XII

CONFIDENTIALITY AND DISCLOSURE

Access to Information and Protection of Privacy Act does not apply

64. Notwithstanding

the Access to Information and Protection

of Privacy Act and the Privacy Act

( Canada ),

the use of, disclosure of and access to information in records pertaining to

adoptions, regardless of where the information or records are located, shall be

governed by this Act.

Disclosure in the

interest of adopted child or person

(1) The

provincial director may disclose identifying or non-identifying information to

a person where the disclosure is necessary for

(

a) the health or safety of an adopted child

or adopted person; or

(

b) the purpose of allowing an adopted child or

adopted person to receive a benefit.

(2) Where identifying information is disclosed

under subsection (1), the provincial director shall, where possible, notify the

person being identified.

Contact by provincial

director

66. In

circumstances affecting a person's health or safety, the provincial director

may contact the following persons to provide to or obtain from them necessary

identifying or non-identifying information:

(

a) a birth parent;

(

b) where a birth parent cannot be contacted, a

relative of a birth parent;

(

c) an adopted person; and

(

d) an adoptive parent.

Provincial

directors right to information

(1) The

provincial director has the right to information that is in the possession of

or under the control of a public body as defined in the Access to

Information and Protection of Privacy Act that is necessary to enable the

provincial director to perform the duties or to exercise the powers and functions

given under this Act or the regulations.

(2) A public body referred to in subsection

(1) that has possession or control of information to which the provincial director

is entitled under subsection (1) shall, upon request, disclose that information

to the provincial director.

(3) This

section applies notwithstanding another

Act.

Disclosure of information

(1) The

provincial director may disclose information to an adoption agency, including

information obtained by him or her under

section 67 ,

where the disclosure is necessary to enable the agency to perform the duties or

to exercise the powers and functions given to the agency under this Act or the

regulations.

(2) The provincial director may disclose

information to an authority responsible for adoptions or adoption records in

another province, including information obtained by him or her under

section 67 , where the disclosure is necessary to enable the authority

to perform the duties or to exercise the powers and functions given to the authority

under

an Act or regulations of that province.

(3) An adoption agency or authority shall not use

or disclose information provided under subsection (1) or (2) except for the purpose

for which it was provided.

PART XIII

DELEGATION, POWERS AND INSPECTION

Provincial

director's and manager's power to delegate

(1) The

provincial director may delegate to a person or class of persons a power, duty

or function given to the provincial director under this Act or the regulations.

(2) A manager may delegate to a person or a class

of persons a power, duty or function given to a manager under this Act or the

regulations.

(3) The delegation of the powers, duties or

functions of the provincial director or a manager shall be in writing and may

considers appropriate.

Inspections

(1) The

provincial director or a manager may, at all reasonable times, for a purpose

related to the administration or enforcement of this Act or the regulations, inspect

or examine premises, processes, books and records of an adoption agency that

the provincial director or a manager may consider relevant for the purpose of

determining compliance with this Act or the regulations, and the provincial

director or a manager may, without a warrant,

(

a) enter

(

i) an adoption agency,

(ii) a premises where anything is done or is

suspected by the provincial director or the manager of being done in connection

with a requirement of this Act or the regulations, or

(iii) a

premises where property, books or records relating to an adoption agency are or

may be kept;

(

b) make copies, extracts, photographs or videos

the provincial director or the manager considers necessary;

(

c) require the owner or person in charge of an

adoption agency or premises to

(

i) give the provincial director or the manager

all reasonable assistance, including the production of books and records as

requested by the provincial director or the manager, and to answer all

questions relating to the administration or enforcement of this Act or the

regulations and, for that purpose, require the owner or person in charge to

attend at an adoption agency or premises with the provincial director or the manager,

and

(ii) make available the means to generate and manipulate

books and records that are in machine readable or electronic form and any other

means or information necessary for the provincial director or the manager to

assess the books and records;

(

d) interview staff of an adoption agency to

determine if the agency is complying with this Act and the regulations; and

(

e) inquire into all matters relating to the

adoption agency, its employees and former employees.

(2) Notwithstanding subsection (1), the provincial

director or a manager shall not enter a dwelling-house without the consent of

the occupant except under the authority of a warrant issued under

section 71 or 72 .

Search with

warrant

(1) Where

the provincial director or a manager believes on reasonable grounds that there

has been a contravention of this Act or the regulations, the provincial

director or a manager may file an application with the Provincial Court for a warrant.

(2) Where a Provincial Court judge is satisfied upon

oath or affirmation that there are reasonable grounds to believe there is in an

adoption agency or premises anything that may provide evidence with respect to

a suspected offence under this Act or the regulations, the judge may issue a

warrant authorizing the provincial director or a manager to

(

a) enter the adoption agency or premises and

carry out an inspection under this Act; and

(

b) seize or remove books or records that may be

required as evidence of a contravention and retain those documents until the

time they are required in a court proceeding.

(3) The owner or person in charge of an adoption

agency or premises shall not obstruct the provincial director or a manager

while he or she is exercising the powers and performing the duties as authorized

by the warrant.

Telewarrant

(1) Where,

in the opinion of the provincial director or a manager it would not be

practical to appear in person before a Provincial Court judge to apply for a

warrant, the provincial director or a manager may make the application by

telephone, facsimile or other means of telecommunication.

(2) Where an application for a warrant is

submitted by telephone, facsimile or other means of telecommunication, the

information to support the application shall be given under oath or

affirmation, and the oath or affirmation may be administered by telephone,

facsimile or other means of telecommunication.

(3) The sworn or affirmed information submitted by

telephone, facsimile or other means of telecommunication shall include a statement

of the

(

a) circumstances that make it impractical for the

provincial director or a manager to appear personally before a Provincial Court

judge; and

(

b) the grounds relied upon by the provincial

director or a manager for believing that a person has contravened this Act or the

regulations or that entry onto public or private premises where a contravention

of this Act or the regulations is believed to occur has been denied.

(4) The sworn or affirmed information submitted by

telephone, facsimile or other means of telecommunication by the provincial director

or a manager shall specify the name of the person giving evidence, the facts

and the manner and location in which evidence was received, and a record of

that information shall be filed by the Provincial Court judge with the court

over which the judge presides.

(5) Where the provincial director or a manager

acts under the authority of a warrant obtained under this section, the

provincial director or a manager shall provide a facsimile of the warrant to

the owner or employee of the adoption agency or premises at the time the

warrant is carried out.

(6) In subsection (5), "facsimile"

includes a record produced by electronic means or a written record of a

telephone conversation made by both parties to the conversation while it is in

progress and which the parties have confirmed as to its accuracy by reading

their record of the conversation to one another at the end of the conversation.

PART XIV

REGULATIONS

Ministerial regulations

73. The

minister may make regulations

(

a) respecting residency in the province for the purpose

of this Act or a part or

section of this Act;

(

b) respecting the placement of children for

adoption;

(

c) respecting the efforts to be made by a manager

or an adoption agency to notify a birth parent or other person having custody

of a child as to the placement of the child for adoption;

(

d) respecting adoption consents;

(

e) respecting home assessments, post placement reports

and other required reports;

(

f) prescribing additional information to be filed

with the court before an adoption order is granted;

(

g) respecting the disclosure of information

concerning the origin of a person adopted in accordance with the convention;

(

h) designating the competent authorities for the

purpose of the convention;

(

i) respecting disclosure vetoes and no-contact

declarations;

(

j) respecting adult adoptions;

(

k) respecting the search for and disclosure of

information required and obtained under this Act;

(

l) respecting agreements that the provincial

director and managers may enter into for the purpose of this Act and prescribing

some or all of the contents of those agreements;

(

m) respecting the powers, duties and functions of

adoption agencies;

(

n) respecting the delegation of a power, duty or

function of the provincial director and managers under this Act to adoption

agencies;

(

o) respecting the licensing of adoption agencies;

(

p) respecting the suspension, revocation and

reinstatement of licences;

(

q) respecting educational and other requirements

for employees of adoption agencies;

(

r) respecting the information, documents and

reports adoption agencies are required to submit to the provincial director or a

manager, the frequency of the submissions and the assessment of the

information, documents and reports by the provincial director or a manager;

(

s) respecting the disclosure of information by

adoption agencies to the provincial director and managers;

(

t) respecting the surrender of records, accounts

or other documents and information by adoption agencies and former adoption

agencies to the provincial director and managers;

(

u) respecting any other matter necessary for the

proper operation, management, administration and accountability of adoption

agencies;

(

v) respecting the registration of information

under this Act, the length of time that a registration shall stay in force and

its cancellation or removal;

(

w) respecting who may access information provided

by a person who has registered that information under this Act and respecting

the confidentiality, security, disposal and disclosure of the information;

(

x) respecting openness and openness agreements;

(

y) respecting post adoption information disclosure;

(

z) for the purpose of paragraph 79 (5)(d);

(aa) respecting promotional material, advertising

restrictions and exemptions from advertising restrictions under this Act; and

(bb) generally to give effect to this Act.

Lieutenant-Governor

in Council regulations

74. The

Lieutenant-Governor in Council may make regulations respecting the services for

which an adoption agency may charge fees.

Fees and forms

75. The

minister may set fees and establish forms for the purpose and administration of

this Act and the regulations.

Service and

notice

76. Where,

under this Act or the regulations, service upon or notice to a person is required,

that service or notification shall be made in person or by registered mail at

the last known address of the person and where that person is a corporation,

that service or notification shall be made in the same manner upon a director

or chief executive officer of the corporation.

PART XV

ACCOUNTABILITY PROVISIONS

Statutory review

(1) The

minister shall, every 5 years, conduct a review of this Act and the regulations

and consider the areas which may be improved.

(2) A review conducted under subsection (1) shall

include public consultations.

Appeals

78. An

appeal lies from a decision of a judge under this Act to

(

a) the Trial Division - General Division where

the order, decision or judgment under appeal was made by a Provincial Court judge; or

(

b) the Court of Appeal where the order, decision

or judgment under appeal was made by a judge of the Trial Division - Family

Division.

PART XVI

OFFENCES AND PENALTIES

Prohibitions

(1) A

person shall not place or arrange the placement of a child for the purpose of

adoption except in accordance with this Act and the regulations.

(2) A person shall not receive a child into his or

her home for the purpose of adoption except in accordance with this Act and the

regulations.

(3) A person shall not receive a child into his or

her home by direct placement except in accordance with this Act and the regulations.

(4) A person shall not give, receive or agree to

give or receive a payment or reward, whether directly or indirectly,

(

a) to procure or assist in procuring a child for

the purpose of adoption in or outside the province; or

(

b) to place or arrange the placement of a child

for the purpose of adoption in or outside the province.

(5) Subsection (4) does not apply to

(

a) a lawyer receiving reasonable fees and

expenses for legal services provided in connection with an adoption;

(

b) a health care provider receiving reasonable

fees and expenses for medical services provided to a child who is the subject

of an adoption or to the birth mother in connection with the pregnancy or

birth;

(

c) an adoption agency receiving fees and expenses

that do not exceed those allowed under the regulations; and

(

d) another person prescribed by the regulations.

Advertising

prohibition

(1) A

person shall not publish or have published in any form or by any means an

advertisement dealing with the placement or adoption of a child.

(2) Subsection (1) does not apply to

(

a) the publication of information under a court

order;

(

b) the publication of information authorized by

the provincial director;

(

c) an advertisement by an adoption agency

advertising, in accordance with the regulations, its services only, without reference

to specific children;

(

d) an announcement of an adoption that has been

finalized by court order; and

(

e) other forms of advertisement specified by the

regulations.

Making a false

statement

81. A

person shall not willfully make or cause to be made a false or misleading

statement, either orally or in writing, in

(

a) an application or in connection with an

application for a copy of a birth registration or other record under this Act

or the regulations;

(

b) an application or in connection with an

application to file a disclosure veto or no-contact declaration; or

(

c) another document required under this Act or

the regulations.

Liability for an

offence

(1) A

person who fails to comply with or otherwise contravenes a provision of this

Act or the regulations is guilty of an offence and is liable on

summary

conviction for a

(

a) first offence to a fine of not less than

$1,000 and not more than $5,000 or to a term of imprisonment of not more than

60 days or to both the fine and imprisonment; and

(

b) subsequent offence to a fine of not less than

$5,000 and not more than $10,000 or to a term of imprisonment of not more than

90 days or to both the fine and imprisonment.

(2) Where a person convicted under subsection

(1) is a corporation the judge may, in addition to a fine that may be imposed upon

that corporation, impose a fine or imprisonment upon one or more directors and

the chief executive officer of that corporation.

(3) In addition to a penalty that a judge may

impose under subsection (1) or (2), the judge may make an order revoking the

licence of an adoption agency.

PART XVII

TRANSITIONAL, REPEAL AND COMMENCEMENT

Transitional

(1) Upon

the coming into force of this Act, where, under the Adoption Act

(

a) a child has been placed for adoption;

(

b) a birth parent or other person having custody

of a child has consented to the placement of the child for adoption;

(

c) a manager has been given custody of a child

with the intent that the child be placed for adoption;

(

d) a prospective adoptive parent has requested

that he or she have a child placed with him or her for the purpose of adoption;

(

e) a home assessment, post placement report or

other required report has been commenced or carried out in respect of a person,

and an adoption order has not been granted

under that Act, this Act shall apply to those persons referred to in paragraphs

(

a) to (e).

(2) Where a proceeding has been commenced under

the Adoption Act and no adoption

order has been granted, the proceeding, on the coming into force of this Act, shall

be considered to be a proceeding commenced under this Act.

SNL2001 cC-12.01

Amdt.

84. Paragraph 21(1.3)(

b) of the Child and Youth Advocate Act is repealed

and the following substituted:

(

b) information that is not permitted to be made

public by

section 37 of the Adoption Act,

SNL2010 cC-12.2

Amdt.

(1) Paragraph 38(

c) of the Children and Youth Care and Protection Act

is amended by deleting the reference " Adoption

Act " and substituting the reference " Adoption Act, 2013 ".

(2) Paragraph

39(1)(

c) of the Children and Youth Care

and Protection Act is amended by deleting the reference " Adoption Act " and substituting the

reference " Adoption Act, 2013 ".

(3) Subsection

39(3) of the Children and Youth Care and

Protection Act is amended by deleting the reference " Adoption Act " and substituting the

reference " Adoption Act, 2013 ".

(4) Subparagraph

72(a)(

i) of the Children and Youth Care

and Protection Act is amended by deleting the reference " Adoption Act " and substituting the

reference " Adoption Act, 2013 ".

SNL2005 cF-3.1

Amdt.

86. Subparagraph 2(b)(

i) of the Family Violence Protection Act is

amended by deleting the reference " Adoption

Act " and substituting the reference " Adoption Act, 2013 ".

SNL2008 cP-7.01

Amdt.

Section 9 of the Personal Health Information Act is amended by deleting the

reference " Adoption Act "

and substituting the reference " Adoption

Act, 2013 ".

SNL2009 cV-6.01

Amdt.

88. (1) Paragraph 5(6)(

a) of the Vital Statistics Act, 2009 is repealed

and the following substituted:

(

a) an adoption order has been issued by the court

under

section 35 of the Adoption Act, 2013 ; or

(2) Subsection 6(1) of the Vital Statistics Act, 2009 is repealed and the following substituted:

Registration of

adoption orders

(1) Upon

receipt of a certified copy of an adoption order issued under

section 35 of the Adoption

Act, 2013 , or of a certified copy of an order, judgment or decree of

adoption made by a court of competent jurisdiction of another province or of a

foreign state, issued under the seal of the proper certifying authority, the

registrar general shall register the order, judgment or decree.

(3) Paragraph 30(2)(

e) of the Vital Statistics Act, 2009 is repealed and the following

substituted:

(

e) a person or agency who or which requires it to

comply with the Adoption Act, 2013 or

the Children and Youth Care and

Protection Act ; or

NLR 11/07 Amdt.

89. Paragraph 5(

a) of the Access to Information Regulations is repealed and the following

substituted:

(

a) sections 64 to

68 of the Adoption

Act, 2013 ;

NLR 43/09 Amdt.

(1) Paragraph 9(

a) of the Child and Parental Benefits Regulations is

amended by deleting the reference to " Adoption

Act " and substituting the reference " Adoption Act, 2013 ".

(2) Subparagraph 9(g)(

i) of the Child and Parental Benefits Regulations is

repealed and the following substituted:

(

i) the placing of a child with a prospective adoptive

parent under

section 14 or 16 of the Adoption

Act, 2013 ,

NLR 28/07 Amdt.

91. Paragraph

1.02(1)(

a) of the Provincial Court Family

Rules, 2007 is repealed and the following substituted:

(

a) Adoption

Act, 2013 ;

SNL1999 cA-2.1

Rep.

92. The Adoption

Act is repealed.

Commencement

93. This Act comes into force on a day to be

proclaimed by the Lieutenant-Governor in Council.

Schedule

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 November

20, 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 1 -

SCOPE OF THE

CONVENTION

Article 1

The objects of the present

Convention are,

(

a) to

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;

(

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. The 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, subparagraph (c), have not been given

before the child attains the age of 18 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,

(

a) have

established that the child is adoptable;

(

b) have

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 childs best interests;

(

c) have

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

(

d) have

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 childs wishes and opinions,

(3) the childs 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,

(

a) have

determined that the prospective adoptive parents are eligible and suited to

adopt;

(

b) have

ensured that the prospective adoptive parents have been counselled as may be

necessary; and

(

c) have

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

1. A Contracting

State shall designate a

Central Authority to discharge the duties which are imposed by the Convention

upon such authorities.

2. Federal

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

1. Central 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.

2. They shall take directly all appropriate

measures to,

(

a) provide

information as to the laws of their States concerning adoption and other

general information, such as statistics and standard forms;

(

b) keep

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,

(

a) collect,

preserve and exchange information about the situation of the child and the

prospective adoptive parents, so far as is necessary to complete the adoption;

(

b) facilitate,

follow and expedite proceedings with a view to obtaining the adoption;

(

c) promote

the development of adoption counselling and post-adoption services in their

States;

(

d) provide

each other with general evaluation reports about experience with intercountry

adoption;

(

e) reply,

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;

(

b) be

directed and staffed by persons qualified by their ethical standards and by

training or experience to work in the field of intercountry adoption; and

(

c) be

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

1. If 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.

2. It shall transmit the report to the Central

Authority of the State of origin.

Article 16

1. If the Central Authority of the State of

origin is satisfied that the child is adoptable, it shall,

(

a) prepare

a report including information about his or her identity, adoptablity,

background, social environment, family history, medical history including that

of the childs family, and any special needs of the child;

(

b) give

due consideration to the childs upbringing and to his or her ethnic, religious

and cultural background;

(

c) ensure

that consents have been obtained in accordance with

Article 4; and

(

d) determine,

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.

2. It 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,

(

a) the

Central Authority of that State has ensured that the prospective adoptive parents

agree;

(

b) the

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;

(

c) the

Central Authorities of both States have agreed that the adoption may proceed;

and

(

d) it

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

1. The transfer of the child to the receiving

State may only be carried out if the requirements of

Article 17 have been satisfied.

2. The 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 parent.

3. If the transfer of the child does not take

place, the report 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

1. Where 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 childs best interests, such Central

Authority shall take the measures necessary to protect the child, in particular,

(

a) to

cause the child to be withdrawn from the prospective adoptive parents and to

arrange temporary care;

(

b) in

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

in formed concerning the new prospective adoptive parents;

(

c) as

a last resort, to arrange the return of the child, if his or her interests so

require.

2. Having 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

1. The 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.

2. Any 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,

(

a) meet

the requirements of integrity, professional competence, experience and

accountability of that State; and

(

b) are

qualified by their ethical standards and by training or experience to work in

the field of intercountry adoption.

3. A 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.

4. Any 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.

5. Notwithstanding 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

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, subparagraph (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

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, subparagraphs (

c) and (d), have been or

are given for the purpose of such an adoption.

Article 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

childs 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 childs parents or any other person

who has care of the child until the requirements of

Article 4, subparagraphs

(

a) to (c), and

Article 5, subparagraph (a), have been met, unless the adoption

takes place within the family or unless the contact is in compliance with the

conditions established by the competent authority of the State of origin.

Article 30

1. The competent authorities of a Contracting State shall ensure that information held

by them concerning the childs origin, in particular information concerning the

identity of his or her parents, as well as the medical history, is preserved.

2. They 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

1. No one shall derive improper financial or other

gain from an activity related to an intercountry adoption.

2. Only costs and expenses, including reasonable

professional fees of persons involved in the adoption, may be charged or paid.

3. The 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,

(

a) any

reference to habitual residence in that State shall be construed as referring

to habitual residence in a territorial unit of that State;

(

b) any

reference to the law of that State shall be construed as referring to the law

in force in the relevant territorial unit;

(

c) any

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;

(

d) any

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

1. The 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.

2. Any 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

1. The Convention shall be opened 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.

2. It 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

1. Any other State may accede to the Convention

after it has entered into force in accordance with

Article 46, paragraph 1.

2. The instrument of accession shall be deposited

with the depositary.

3. Such 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 ac c ession in the six months after the receipt of the

notification referred to in subparagraph (

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

1. If 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.

2. Any such declaration shall be notified to the

depositary and shall state expressly the territorial units to which the

Convention applies.

3. If a State makes no declaration under this

Article, the Convention is to extend to all territorial units of the State.

Article 46

1. The 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.

2. Thereafter the Convention shall enter into

force,

(

a) for

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;

(

b) for

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 in that Article.

Article 47

1. A State Party to the Convention may denounce it

by a notification in writing addressed to the depositary.

2. The denunciation takes effect on the first day

of the month following the expiration of 12 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,

(

a) the

signatures, ratifications, acceptances and approvals referred to in

Article 43;

(

b) the

accessions and objections raised to accessions referred to in

Article 44;

(

c) the

date on which the Convention enters into force in accordance with

Article 46;

(

d) the

declarations and designations referred to in Articles 22, 23, 25 and 45;

(

e) the

agreements referred to in

Article 39;

(

f) the denunciation referred to in

Article 47.

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