Act
Regulating the Placement of Foreign Children
with a view to Adoption
Act of December 8, 1988, establishing
rules concerning the placement of foreign foster children in the Netherlands
with a view to adoption
Chapter 1 Definitions
Article 1 Definitions
In this Act and the provisions based on it the next terms have the following
meaning:
- ‘Minister’: the Minister of Justice;
- ‘foreign child’: a child born outside the Netherlands
that is not of Dutch nationality within the meaning of Dutch law and that
in view of an adoption is or will be cared for and raised in the Netherlands
by another family than its parents under such circumstances that the carers
in fact have taken over the place of the parents;
- ‘prospective adoptive parents’: spouses or a person
who have/has received or wish to receive a foreign child in view of an
adoption;
- ‘adoptive parents’: spouses or a person who have/has
adopted a foreign child;
- ‘principle approval': a written notice of the Minister
specified in Article 2;
- ‘accredited body’: the legal person who holds a
permit as referred to in Articles 15 and 16.
- ‘intermediary service’: any activity of an accredited
body aimed at bringing about or supporting the placement of a foreign
child in view of an adoption with or at prospective adoptive parents.
Chapter 2 The principle approval
Article 2 Preceding principle approval of the Minister
The placement in the Netherlands of a foreign child in view of an adoption
is permitted only if a preceding written notice of the Minister has been
obtained in which he in principle approves the placement.
Article 3 Duration and extend of a principle approval
- 1. The principle
approval applies for a period of four years and may each time be prolonged
for a period of four years. The period for which it is granted or prolonged,
however, does not exceed the day on which one of the prospective adoptive
parents has reached the age of forty-six years, unless special circumstances
indicate otherwise.
- 2. The principle
approval concerns the placement of a foreign child or, in the event of
brothers and sisters (siblings) or children who in another way are so
attached to each other that it is difficult to separate them, of two foreign
children at the same time. The Minister may in particular circumstances
authorize the placement of more children at the same time.
Article 4 Request for a principle approval or its prolongation
A request for a principle approval or for the prolongation of the validity
period thereof will only be taken into consideration if:
a. the request is submitted by the prospective
adoptive parents. Where a prospective adoptive parent who solely submits
the request is married or has a registered partner or another life companion,
the request may be submitted only with the consent of his spouse, registered
partner or life companion;
b. the request, if it seeks to prolong the
validity period of a principle approval, is submitted at least twelve
weeks before the expiry of the running validity period of the existing
principle approval;
c. the prospective adoptive parents in addition
have submitted:
1 °. the data (information) which the Minister has pointed out to
be necessary to appraise the request;
2 °. a declaration that they are willing to grant the foreign child
the regular preventive and curative treatments which are vital for the
child’s life;
d. the prospective adoptive parents, in the
event that within their family already one or more children of their own
or adopted children are living, have raised and taken care for these children
for at least one year;
e. the prospective adoptive parents before
the start of the investigation, which is to be held pursuant to Article
5, paragraph 1, have paid the amount set by Order in Council as a compensation
for costs with regard to the provision of information meant in Article
5, paragraph 3.
Article 5 Decision of the Minister on a request for a principle approval
or its prolongation
- 1. The Minister
shall only give a decision on a request for a principle approval or to
prolong the validity period thereof after the Child Protection Board has
made an investigation of the ability (eligibility and suitability) of
the prospective adoptive parents to care for and raise a foreign child
or, if the prospective adoptive parents have requested so, to take care
for and raise two foreign children at the same time.
- 2. If the prospective
parents receive a foreign child for the very first time, they will obtain,
in preparation of the investigation referred to in paragraph 1, general
information about the placement and adoption of a foreign child, which
information will be provided under supervision of the Minister.
- 3. By Order in
Council specific rules may be set regarding the organization, content
and funding of the general information which is to be provided to the
prospective adoptive parents.
- 4. The report
of the investigation will be discussed with the prospective adoptive parents
before it will be released by the Child Protection Board. The Child Protection
Board gives the prospective adoptive parents access to the report. In
cases where a principle approval is granted or where the validity period
thereof is prolonged, the original copy of the report will only be made
available, upon a written request of the prospective adoptive parents
to this end, to the accredited body whose intermediary services have been
called for by the prospective adoptive parents. In cases were a request
for a principle approval or the prolongation of the validity period thereof
has been denied, a copy of the report will be provided to the prospective
adoptive parents upon their written request.
- 5. The Minister denies a request for a principle
approval:
a. if he thinks that a prospective adoptive
parent does not have the required ability (eligibility and suitability)
to care for and raise a foreign child;
b. if one of the prospective adoptive parents
at the moment on which the request was submitted has reached the age of
forty-two years, unless special circumstances, in the Minister’s
opinion, make it desirable to grant the principle approval still.
- 6. The Minister denies a request for a principle
approval or the prolongation of the validity period thereof if it is to
be expected that at the moment on which the foreign child could be placed,
the difference in age between one of the prospective adoptive parents
and the foreign child will be more than forty years, unless special circumstances,
in the Minister’s opinion, make it desirable to grant the principle
approval or the prolongation still.
- 7. The Minister may, in order to satisfy
the requirement that the age difference between the prospective adoptive
parents and the foreign child does not exceed forty years, attach conditions
to the age of the foreign child.
- 8. The denial of a request for a principle
approval or for the prolongation of the validity period thereof will be
reported in writing to the prospective adoptive parents, mentioning as
well the reasons for the denial.
Article 6 Withdrawal of a principle approval
- 1. If it appears
that the prospective adoptive parents to whom a principle approval has
been granted, no longer have the ability (eligibility and suitability)
to care for and raise a foreign child, the Minister may withdraw the principle
approval.
- 2. A decision to withdraw a principle approval
shall only be taken after a re-investigation of the Child Protection Board.
Article 7 Appeal against a decision to deny a principle approval or its
prolongation
- 1. Where the Minister has to decide on an
appeal against a denial of a request for a principle approval or for the
prolongation of the validity period thereof or on an appeal against the
withdrawal of an earlier granted principle approval, he will take, under
submission of all documents related to the case, the written advice of
the Council for Criminal and Juvenile Justice. Article 7:13, paragraph
3 and 7, of the General Administrative Law Act shall apply accordingly.
- 2. Witnesses and experts who are called for
by the Council receive, if they please, a fee from public funding of which
the amount is to be estimated by the President of the Council in accordance
with what has been provided for by or pursuant to the Rates in Civil Matters
Act (Stb. 1960, 541).
- 3. Paragraph 1
and 2 shall not apply:
a. where an appeal has been made against a
denial of a request for the prolongation of the validity period of a principle
approval, which denial is based on Article 5, paragraph 5, under point
(b), and the prospective adoptive parents have not put forward specific
circumstances in their appeal;
b. where an appeal has been made against a
denial of a request for the prolongation of the validity period of a principle
approval for a period of less than four years and Article 3, paragraph
1, second sentence, applies, and the prospective adoptive parents have
not put forward specific circumstances in their appeal.
Article 7a Involvement of foreign authorities, institutions or persons
- 1. If the prospective adoptive parents wish
to make use of activities of authorities, institutions or persons abroad,
they will report this, under submission of all relevant documents regarding
this procedure, to the accredited body to whom a report of the investigation
has been provided. The accredited body shall examine these authorities,
institutions or persons on integrity and diligence.
- 2. In connection with the examination referred
to in paragraph 1, the accredited body will give its substantiated written
advise to the Minister. The accredited body notifies the prospective adoptive
parents in writing of the release of its advice.
- 3. After the Minister has received the written
advice of the accredited body, he decides whether it will be sent to the
prospective adoptive parents and whether the accredited body may perform
intermediary services for the prospective adoptive parents in the adoption
process. That decision may impose conditions. The written advice of the
accredited body will not be sent to the prospective adoptive parents,
and the accredited body will not be allowed to perform intermediary services
if it is likely that the prospective adoptive parents, when receiving
the foreign child, will not act in conformity with what is specified in
Article 8, under point (d) and (e), or if it is likely that their actions
will cause harm to the relationships of the accredited body with institutions,
authorities or individuals abroad, or when there are reasonable grounds
to doubt the integrity and diligence of these institutions, authorities
or individuals abroad. Such a reasonable ground exists in any event when
the prospective adoptive parents are or will be subjected to disproportionately
high costs for the provision of intermediary services.
- 4. If the written advice, meant in paragraph
2, has not been sent to the Minister within eight weeks after the prospective
adoptive parents have reported their contacts abroad to the accredited
body, the prospective adoptive parents may request the Minister to give
a decision on the question whether the written advice of the accredited
body will be sent to them. This decision will be taken within eight weeks
after such a request has been made.
- 5. By Order in Council specific rules will
be set regarding the standards which have to be applied during the examination
meant in paragraph 1.
Chapter 3 The foreign child and its placement
Article 8 Requirements to be met when a foreign child enters the Netherlands
Without prejudice to what has been provided by and pursuant to the Aliens
Act 2000, the following requirements have to be met when a foreign child
enters the Netherlands with a view to adoption:
a. the foreign child may at the time of arrival
in the Netherlands have not yet reached the age of six years of age, except
for the right of the Minister to make an exemption in specific circumstances
upon a written request of the prospective adoptive parents;
b. the prospective adoptive parents must produce
a medical statement on the foreign child;
c. the prospective adoptive parents must make
clear how they have made use of the intermediary services of a accredited
body with regard to the placement of the foreign child;
d. the prospective adoptive parents must in
a satisfactory manner show through documents that the surrendering (giving
up) of the foreign child by its parent or parents has been regulated properly;
e. the prospective adoptive parents must in
a satisfactory manner show through documents that the authorities in the
State of origin agree with the placement of the foreign child at the prospective
adoptive parents.
Article 9 Responsibility of the (prospective) adoptive parents as of the
voyage of the child to the Netherlands
- 1. As of the moment of departure of the foreign
child to the Netherlands, the prospective adoptive parents or adoptive
parents are obliged to provide in the costs of care and upbringing of
that child as if it was their own child. The costs of returning to the
country of origin are also for their account.
- 2. The obligations mentioned in paragraph
1 also rest on the person who has acted in violation of Article 2.
- 3. The provisions of Title 17 of Book 1 of
the Civil Code shall apply accordingly as much as possible.
Article 10 Interim guardianship
- 1. Where Article 2 has been violated, the
Juvenile Court may entrust a Foundation as referred to in Article 1, under
point (f), of the Youth Care Act, with the exercise of an interim guardianship
over the minor, unless this is incompatible with the interests of the
child. In case of an interim guardianship the Child Protection Board turns
within six weeks to the court to obtain a provision for the exercise of
authority over the minor. Article 241, paragraph 4, 5 and 6, and Article
306a of Book 1 of the Civil Code apply accordingly. Article 813, second
paragraph, of the Code of Civil Procedure, applies accordingly.
- 2. The interim guardianship ends, unless
withdrawn earlier, at the moment on which the minor is placed under legal
guardianship or on which he resides with the prospective adoptive parents
to whom a principle approval has been granted, or at the moment on which
the child has been taken back to the State of origin.
- 3. The costs made by the Foundation on behalf
of the minor, shall be borne by the person who received the minor in violation
of Article 2. Articles 69 and 71 up to and including 76 of the Youth Care
Act apply accordingly.
Chapter 4 Family investigation after a foreign child has entered the Netherlands
while he has been placed earlier at its prospective adoptive parents during
their normal stay abroad
Article 11 Family investigation to be held in the Netherlands
When the foreign child, after it has been placed at its prospective adoptive
parents during a period in which they had their habitual residence abroad,
has entered the Netherlands together with its prospective adoptive parents,
an investigation as meant in Article 5, paragraph 1, will be held by operation
of law.
Article 12 Eligibility and suitability of the prospective adoptive parents
- 1. The Minister decides on the basis of the
investigation meant in Article 11 whether the prospective adoptive parents
have the ability (eligibility and suitability) to care for and raise the
foreign child.
- 2. If the Minister thinks that the prospective
adoptive parents miss the ability (eligibility and suitability) to care
for and raise the foreign child, he will inform the public prosecutor
as well of his decision. Article 10 applies accordingly .
Article 13 Appeal against a decision that the prospective adoptive parents
are not eligible and suitable to adopt a child
In case of an appeal against a decision as meant in Article 12, lodged
with the Minister, Article 7 shall apply accordingly. Such an appeal does
not postpone the measures taken under the application of Article 10.
Article 14 Inapplicability of the provisions of the present Act
- 1. The provisions of the present Act do not
apply if the foreign child, after it was placed at its prospective adoptive
parents during a period in which they had their habitual residence abroad,
has been taken care for and raised by them abroad for at least one year,
and they will continue to do so after the foreign child has entered the
Netherlands.
- 2. The provisions of the present Act neither
apply if the adoption, during the period in which the prospective adoptive
parents had their habitually resident abroad, has come about in accordance
with the Convention on the Protection of Children and Cooperation in Respect
of Intercountry Adoption concluded at the Hague on 29 May 1993 (Trb. 1993,
197), which shows from a written statement of the competent authority
of the State where the adoption took place.
Chapter 5 The accreditation and the activities of the accredited body
Article 15 Required accreditation by the Minister
It is forbidden to provide intermediary services in the sense of Article
1 without an accreditation granted by the Minister.
Article 16 Grating of an accreditation
- 1. The accreditation is granted by the Minister
upon the request of a legal person with full legal capacity whose seat
is located in the Netherlands and who meets the requirements which are
set by or pursuant to the following paragraphs.
- 2. An applicant must, according to his articles
of incorporation, have the objective to provide intermediary services
in the meaning of Article 1 in situations in which this is considered
to be in the best interest of the involved children.
- 3. The applicant may not have the intention
to make a profit with his activities.
- 4. The Board of Directors of the applicant
must consist of at least three members and must be composed in such a
way that the protection of the interests of foreign children and prospective
adoptive parents is guaranteed.
- 5. The applicant must be equipped in such
a way that a careful and effective implementation of his activities is
guaranteed.
- 6. The applicant must be prepared to cooperate
with other accredited bodies, in particular in the field of the provision
of general information to prospective adoptive parents.
- 7. By Order in Council specific rules may
be set for the requirements meant in paragraph 4, 5 and 6. This Order
in Council will in any event contain rules concerning the collection of
data about the child before it came to the Netherlands.
Article 16a Duration and extension of an accreditation
An accreditation is granted for a validity period of three years. At the
request of the accredited body the Minister may extend the validity period
each time with additional periods of five years. An application to extend
the validity period of the accreditation must be lodged no later than
twelve weeks before the expiry of the validity period of the existing
accreditation.
Article 17 Grounds for rejection
The Minister rejects an application for an accreditation or for the extension
of its validity period if he has reasonable grounds to fear that the applicant
will not comply with what has been specified by or pursuant to the present
Act or if it is to be expected that the applicant has to little possibilities
in future with regard to the provision of intermediary services as meant
in Article 1.
Article 17a Responsibilities of the accredited body
- 1. The following activities are a part of
the responsibilities of the accredited body:
a. it maintains for the prospective adoptive
parents contact with the Dutch and foreign authorities, institutions and
individuals involved in the placement of the foreign child. It sends them
the necessary data about the prospective adoptive parents and about the
children for whom they could take care of.
b. it shall, where necessary, ask advice to
individuals or institutions in the Netherlands or in the State of origin
demand further investigations;
c. it supports the prospective adoptive parents
in the procedure which has to be followed abroad in connection with the
placement of the foreign child, and in the process of obtaining the necessary
documents for the child’s admission to the Netherlands.
d. it ensures that no contact is established
between the prospective adoptive parents and the parents of the child
or another person to whom the care of the child is entrusted until it
is ascertained:
1 °. that the child is adoptable (eligible for adoption);
2 °. that the authorities of the State of origin accept the placement
of the child at the prospective adoptive parents, and;
3 °. that the required consents of persons and institutions in the
State of origin have been obtained;
e. it looks after the application for a temporary
residence permit for the foreign children;
f. it supports the prospective adoptive parents
in arranging the arrival of the foreign child to the Netherlands and ensures
that the passage (voyage) takes place safely and under appropriate circumstances,
if possible accompanied by the prospective adoptive parents;
g. it supports the prospective adoptive parents
or the adoptive parents after the foreign child has been placed.
- 2. Paragraph 1, under point (d), shall not
apply if the adoption occurs within the same family or if the requirements
are met which are set by the competent authority of the State of origin
in respect of contacts meant there.
Article 17b Information duties of the accredited body
- 1. The accredited body shall collect as much
information regarding the descent and background of the foreign child
in the State of origin.
- 2. The accredited body shall keep records
of every intermediary service provided by it. The records contains copies
of all correspondence regarding the placement of the foreign child as
well as copies of the documents which are presented when the child entered
the Netherlands. These records also contain all information referred to
in paragraph 1. The records must be stored for at least thirty years after
the foreign child entered the Netherlands.
- 3. If the adoption process is cancelled,
the accredited body returns the originals of the documents which it received
with regard to the foreign child to the authorities who forwarded them.
Article 17c Information duties of the accredited body under the Hague
Convention of 29 May 1993
- 1. If the State of origin is a Party to the
Convention on the Protection of Children and Cooperation in Respect of
Intercountry Adoption concluded at the Hague on 29 May 1993 (Trb. 1993,
197), or if the legislation of the State of origin requires so, the accredited
body keeps the competent authorities of the State of origin informed of
the adoption process and of the steps taken to complete it and of the
progress of the care period preceding the adoption.
- 2. In addition, the accredited body, after
he has informed the prospective adoptive parents, adoptive parents or
legal guardian of the child about the matter, provides information regarding
the adoption to the authorities of the State of origin upon a reasonable
request to this point.
Article 17d Provision of access to documents
- 1.The accredited body allows the foreign
child and the prospective adoptive parents, adoptive parents or the legal
representative, upon request, access to the documents which it keeps in
relation to the adoption and provides them copies thereof.
- 2.A request of the foreign child to have
access to or copies of the documents is refused if:
a. the foreign child is younger than twelve
years, or;
b. the foreign child has reached the age of
twelve years, but is considered to be unable to make a reasonable evaluation
of its interests.
- 3. In the situations referred to in paragraph
2, the accredited body shall provide, upon request, information on the
adoption or access to or copies of the documents to the prospective adoptive
parents, adoptive parents or legal guardian.
Article 17e Provision of information to third persons
- 1.Without prejudice to other provisions of
the present Act, the accredited body shall not provide any information
on the adoption, nor access to or copies of the concerning documents to
other persons than the foreign child, the prospective adoptive parents,
the adoptive parents or the legal representative, unless it has the approval
to do so of the foreign child, on the condition that this child has reached
the age of sixteen years. Where the foreign child has not yet reached
the age of sixteen years or where it is considered to be unable to make
a reasonable evaluation of its interests, the approval of the prospective
adoptive parents, adoptive parents or legal guardian is required.
- 2. Persons other than the foreign child and
the prospective adoptive parents, adoptive parents or the legal representative
shall not include organisations involved in the adoption and organisations
involved in the execution or preparation of a child protection measure.
Article 17f Grounds to refuse access to documents
- 1.Information on, or access to copies of
documents may be refused if the privacy of a person other than the foreign
child would be harmed.
- 2. No copy is provided of the report referred
to in Article 5, paragraph 4.
- 3. The costs made for the provision of copies
may be charged.
Article 17g Inapplicability of certain Articles in specific situations
Article 17a remains inapplicable in a situation as referred to in Article
7a, except for paragraph 1, under point (e). Also Article 17b, paragraph
1, and Article 17e remain inapplicable in these situations
Article 18 Withdrawal of an accreditation
- 1. The Minister shall withdraw a granted
accreditation:
a. if the data, presented to obtain the accreditation,
appear to be so incorrect or incomplete that another decision would have
been taken on the application for an accreditation if during the evaluation
the correct or complete information would have been known;
b. if one of the requirements set by or pursuant
to Article 16 is no longer met.
- 2. The Minister may withdraw a granted accreditation:
a. if the accredited body has not complied
with what has been provided by or pursuant to Articles 20 up to and including
Article 23 or by Article 8 or 32;
b. if the accredited body for at least two
years has not completed any intermediary service in the meaning of Article
1.
Article 19 Continuation or termination of activities in case of a withdrawal
In the event of a withdrawal of an accreditation as referred to in Article
18, the Minister may decide which other accredited body or accredited
bodies shall continue or, if necessary, terminate the activities of the
legal person whose accreditation has been withdrawn.
Article 20 Obligations of the accredited body
- 1. The accredited body shall only perform
intermediary services in the meaning of Article 1 on behalf of prospective
adoptive parents who have a valid principle approval and only in conformity
with what has been stipulated in that approval.
- 2. The accredited body does not perform any
intermediary services in the meaning of Article 1 in relation to the placement
of a foreign child outside the Netherlands.
- 3. The accredited body does not pay disproportionately
high fees associated with the provision of its intermediary services.
- 4. The accredited body does not enter into
relations with institutions and organizations abroad that are already
in relationship with other accredited bodies regarding the provision of
intermediary services in the meaning of Article 1.
- 5. The Minister shall issue rules concerning
the information that the accredited body has to provide in connection
with the supervision over the compliance with the provisions of paragraph
3 and 4 of the present Article regarding its relations with institutions
and organizations abroad.
Article 21 Registration of prospective adoptive parents at accredited
bodies
- 1. The accredited body only registers prospective
adoptive parents who have obtained a principle approval, unless the same
accredited body previously had already acted on behalf of these prospective
adoptive parents.
- 2. The accredited body shall not register
prospective adoptive parents who are already registered at another accredited
body.
- 3. In the provision of intermediary services
as meant in Article 1 the accredited body keeps, as much as possible,
the ranking order based on the moment on which it has received the requests
of registered prospective adoptive parents to obtain a principle approval.
- 4. When the registered prospective adoptive
parents want to register themselves at another accredited body, the current
accredited body shall hand over the data and information about these registered
prospective adoptive parents to that other accredited body and cancel
the registration of the prospective adoptive parents.
- 5. The accredited body shall only provide
data and information about registered prospective adoptive parents to
authorities or institutions abroad where this is necessary with regard
to the provision of intermediary services as meant in Article 1.
- 6. The accredited body shall inform the Minister
of any placement of a foreign child at prospective adoptive parents or
adoptive parents who are registered at the accredited body at the time
of placement.
Article 22 Duty of a new accredited body to inform the Minister of a change
of registration
Where prospective adoptive parents have cancelled their registration at
a accredited body in order to be registered at another accredited body,
the latter shall notify the Minister thereof.
Article 23 Bookkeeping
- 1. The accredited body shall keep adequate
accounting records of its financial situation and of all that concerns
its activities, and this in such a way that its rights and liabilities
can be ascertained at all time.
- 2. The accredited body shall annually report
its activities, performed within and outside the Netherlands, to the Minister
and provides him, within six months after the end of an accounting year,
the balance sheet and the profit and loss account (statement of income),
added with additional remarks.
- 3. By Order in Council additional requirements
may be imposed regarding the documents which have to be presented to the
Minister pursuant to paragraph 2; in this respect it is possible as well
to set specific rules with regard to the transfer of the accounting records
and books of an accredited body whose accreditation has been withdrawn
or who has ended its activities otherwise.
Article 24 Central list of all prospective adoptive parents with a principle
approval
- 1. The Minister points out civil servants
who are responsible for the administration of a central list of prospective
adoptive parents with a valid principle approval.
- 2. This central list of prospective adoptive
parents can always be viewed by parties with an interest therein.
Chapter 5A The Complaints Committee
Article 24a Tasks and composition of the Complaints Committee
- 1. There is a Complaints Committee for complaints
about the conduct of accredited bodies. By Order in Council specific rules
are set regarding the appointment, composition and powers and regarding
the complaints procedure.
- 2. The draft of the Order in Council meant
in paragraph 1 shall be submitted to both Chambers of the House of Parliament.
Within four weeks after this submission it is possible to request that
the provisions of the draft of the Order in Council will be governed by
an Act of Parliament; such a request can be made by or in the name of
one of the Chambers of the House of Parliament or by at least one fifth
of the constitutional number of members of one of these Chambers. When
such a request is made, an appropriate draft for such Act of Parliament
will be presented as soon as possible.
Chapter 6 Supervision and penalties
Article 25 Supervision over accredited bodies
- 1. The Inspectorate for Youth Care shall
appoint the persons who will be entrusted with the supervision over the
observance by the accredited bodies of the requirements applicable to
them by or pursuant to Article 16 and Articles 20 up to and including
23. By Order in Council specific rules may be set regarding that supervision.
- 2. Entrusted with the supervision over the
observance of the provisions of Articles 2 and 8 are:
1 °. the director of the Child Protection Board and the civil servants
appointed by him for this purpose;
2 °. The civil servants entrusted with the supervision over foreigners
(aliens) and over the surveillance of the frontier.
Article 26 Powers of the supervisors
The supervisors do not have the powers mentioned in Articles 5:15, 5:18
and 5:19 of the General Administrative Law Act.
Article 27 Criminal offences
- 1. He who, for profit motives, acts contrary
to Article 15 or Article 20, paragraph 1, will be punished with imprisonment
not exceeding six months or a fine of the third category.
- 2. A violation of law meant in paragraph
1 is a criminal offence.
Article 28 Misdemeanours
- 1. He who acts contrary to Article 2, 8,
15 or 20 will be punished with a fine of the third category.
- 2. A violation of law meant in paragraph
1 is a misdemeanour.
Chapter 7 Final Provisions
Article 29 [contains amendments to other legislation]
Article 30 [contains amendments to other legislation]
Article 31 [contains amendments to other legislation]
Article 32 [repealed on 01-10-1998]
Article 33 Entry into force and transitional law
- 1. This Act shall enter into force on a date
to be determined by Royal Decree (15-07-1989).
- 2. This Act does not apply to applications
for a principle approval that have been submitted on the day prior to
the date on which this Act enters into force.
- 3. Associations and foundations that have
provided intermediary services in the meaning of Article 1 during the
period of three years immediately preceding the date on which this Act
enters into force, will not be subject to Article 15 for one month after
the before mentioned commencing date of this Act and, if they have submitted
within that month a request for an accreditation, not as long as there
is no irrevocable decision on that application.
Article 34 Citation
The present Act may be cited as the ‘Act Regulating the Placement
of Foreign Children with a view to Adoption’.
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