Children's Act, 2005 (Act No. 38 of 2005)Chapter 16 : Inter-Country Adoption266. Recognition of inter-country adoption of child from convention country |
| (1) | The adoption in a convention country of a child habitually resident in that convention country by a person habitually resident in the Republic shall be recognized in the Republic if an adoption compliance certificate issued in that country is in force for the adoption. |
| (2) | The adoption in a convention country of a child habitually resident in that convention country by a person habitually resident in another convention country shall be recognised in the Republic if an adoption compliance certificate issued in the convention country where the adoption was granted is in force for the adoption. |
| (3) | If an adoption compliance certificate was not issued in the relevant convention country, the Central Authority may issue a declaration recognising the adoption. |
| (4) | A declaration in terms of subsection (3) is, upon production by any person in a court, admissible as evidence in any proceedings before the court. |
| (5) | The adoption of a child referred to in subsections (1) and (2) shall not be recognised if a declaration is made in terms of section 270 that an adoption or a decision in terms of article 27 of the Hague Convention on Inter-country Adoption has no effect in the Republic. |