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Date:
June 4, 1996
Source:
Republic of the Philippines,
Congress and Senate
Subject:
Convention on Protection of
Children and Cooperation
In Respect of Inter-Country Adoption
Text:
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.
Article
4. An adoption within the scope of the Convention shall take place only if
the competent authorities of the State of Origin:
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have established that the child is adoptable;
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have determined, after possibilities for placement of
the child within the State of Origin have been given due consideration,
that an inter-country adoption is in the child's best interests;
-
have ensured that:
-
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;
-
such persons, institutions and authorities have given their
consent freely, in the required legal form, and expressed or evidenced in
writing;
-
the consents have not been induced by payment or compensation
of any kind and have been withdrawn; and
-
the consent of the mother, where required, has been given
only after the birth of the child; and
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have ensured, having regard to the age and degree of maturity
of the child, that:
-
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;
-
consideration has been given to the child's wishes and
opinions,
-
the child's consent to the adoption, where such consent is
required, has been given freely, in the required legal form, and expressed or
evidenced in writing; and
-
such consent has not been induced by payment or compensation
of any kind.
Article 16.
If the Central Authority of the State of Origin
is satisfied that the child is adoptable, it shall:
-
prepare a report including information about his or her
identity, adoptability, background, social environment, family history, medical
history including that of the child's family, and any special needs of the
child;
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give due considerations to the child's upbringing and to his
or her ethnic, religious and cultural background;
-
ensure that consents have been obtained in accordance with
Article 4; and
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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 interest of the child.
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