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Republic of Georgia Alert!
The Ministry of Children and Family Development, Adoption
Services would like to bring the following information to the attention
of prospective adoptive parents who are considering adoption from the
Republic of Georgia.
- The Hague Convention on Protection of Children and
Co-operation in Respect of Intercountry Adoption (Hague Convention)
has the force of law in both British Columbia and the Republic of Georgia.
This has been confirmed by the Depository of the Hague Convention.
- A domestic law in Georgia permited lawyers to arrange
private adoptions, however these lawyers are not licensed or accredited
under the Hague Convention to arrange intercountry adoptions. These
privately arranged adoptions contravene the Hague Convention. Throughout
Canada, there have been reports of irregularities with these privately
arranged adoptions.
- The Canadian Embassy, the Department of Foreign Affairs
and International Trade (DFAIT) and the Ministry of Justice have confirmed
that the Government of Georgia is not able to comply with the Hague
Convention at this time.
- New legislation has been signed by the President of
Georgia which effectively terminates private adoptions by foreigners.
However, the Ministry of Education in Georgia will be making a legislative
proposal to improve the existing adoption legislation, which would include
the implementation of the Hague Convention.
Consultations occurred with all provinces, DFAIT, Ministry
of Justice, Citizenship and Immigration Canada and Human Resources Development
Canada (HRDC) to discuss these irregularities and contraventions.
DFAIT has recommended that no new applications to adopt
children in Georgia be approved until the Central Authority in Georgia
can be involved in all adoption cases.
Effective immediately (November 3, 2003), the Director
of Adoption will not issue Letters of Approval and Notifications of Agreement
for privately arranged adoptions of children from Georgia. No exceptions
will be made. This situation will be reviewed regularly by the Director
of Adoption.
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