The Adoption Bill, 2009, is designed to give force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption. The new legislation, which incorporates the provisions of the Hague Convention, is designed to provide a framework to ensure that appropriate procedures have been followed and that all adoptions are effected in the best interests of the child. Future intercountry adoption arrangements will be governed by the terms of the Adoption Bill 2009 when enacted.
Article 23 of the Hague Convention provides that an adoption certified by the competent authority of the state of the adoption as having been made in accordance with the Convention shall be recognised by operation of law in the other contracting states. Article 24 deals with the refusal of recognition of adoption in a contracting State and states that 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. In this regard, each application for an entry into the register for foreign adoptions will be examined on an individual basis by the Adoption Authority, to be established under the terms of the Adoption Bill 2009