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The Hague Convention On Protection Of Children And Cooperation To International Adoption, Ratified In Italy By Law December 31, 1998, # 476.

Original Language Title: Convenzione dell'Aja sulla protezione dei minori e la cooperazione inmateria di adozione internazionale, ratificata in Italia con legge 31dicembre 1998, n. 476.

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The Presidency of the Council of Ministers Central Commission for international adoptions to the Ministry of Foreign Affairs to the prefectures to the Presidents of courts of Appeal To public prosecutors at the courts of appeal to the Presidents of the courts for minors To prosecutors at minors to the regions and autonomous provinces of Trento and Bolzano To ANCI national with The UPI national law came into force 31 says MBRE 1998, # 476, of ratification of the Hague Convention on protection of children and cooperation in respect of intercountry adoption, he entered in our system a new organism has important functions in order of regular adozionali procedures: the Commission for international adoptions sat regularly at the Presidency of the Council of Ministers and operational, Department for Social Affairs. It is the central authorities provided for in art. 6 of the Convention to the expressed purpose to carry out the tasks assigned to it by the Convention (in particular chapters III, IV and V) and by that ratification law (in particular, article 39 of the law May 4, 1983, # 184, as amended by law No. 476 of 1998). The Italian law has also planned, according to the provisions of art. 22, paragraph 1, of the Convention, that some tasks, its central authority, may be exercised by approved bodies: they are two of the bodies authorised by the Commission for international adoptions, according to art. 39, paragraph 1, point c) of law no 184 of 1983, as amended by law No. 476 of 1998, as well as the provisions of the implementing regulation, enacted by Decree of the President of the Republic on December 1, 1999, # 492. It is worthwhile to note that, pursuant to art. 2 of law 476 of 1998 (full and complete execution is given to the Convention, as from its entry into force, in accordance with art. 46 of the Convention), the Commission for international adoptions is competent to perform the duties expressly provided for by law No. 476 of 1998, as well as those assigned by the central authority and Convention not expressly attributed to other State authorities. We note in particular that the Commission is tasked with: a) cooperate with the central authorities of other countries and promote cooperation between the Italian authorities to ensure the protection of minors and making the other purposes of the Convention (article 7 of the Convention);
b) take, either directly or with the assistance of other public authorities, all appropriate measures to prevent undue material profit during an adoption (art. 8 of the Convention);
c) take, either directly or with the assistance of other public authorities or bodies duly authorised, all appropriate measures to facilitate, follow and engage the procedure for adopting (article 9 of the Convention);
d) authorizing eligible bodies to treat international adoption practices and supervising their activities (articles 10 and 11 of the Convention, article 39, paragraph 1, letter c) of law No. 184 of 1983, as amended by law No. 476 of 1998);
e) declare that the adoption by the approved body responds to the best interests of the child (article 32, paragraph 1, of law No. 184 of 1983, as amended by law No. 476 of 1998);
f) certifying the conformity of the adoption of the Convention so that it can be recognized as of right in the other Contracting States (article. 23 of the Convention, art. 39, paragraph 1, letter i) of law no 184 of 1983, as amended by law No. 476 of 1998);
g) authorise the entry and permanent residence of the child for purposes of adoption (article 18 of the Convention, articles 32, paragraph 3, subparagraph 1, 33, and 39, paragraph 1, letter h) of law No. 184 of 1983, as amended by law No. 476 of 1998). It must also remember that, although Italy is statistically a host country of foreign children, it is equally bound by the International Covenant also as a potential country of origin and therefore, all the rules relating to adozionali rules of the Convention shall also apply in the case of Italian adoption of children by foreign nationals residing in member countries of the Convention (article 40 of law no 184 of 1983 , as amended by law No. 476 of 1998). The Hague Convention dispieghera is fully all its effects with the publication and entry into force of the register of authorized entities, in accordance with art. 8 of the aforementioned law No. 476 of 1998 and art. 16 of the Decree of the President of the Republic on December 1, 1999, # 492. This being so, and in view of the powers of the Commission for international adoptions, remember, you must take into account the specific situation in which they can come to find those potential adoptive parents which, at the date of the publication of the register of authorized entities: a) have received the Decree of fitness prescribed by law;
b) have already undertaken, but not concluded, the process abroad in accordance with the procedural provisions in force, aimed at obtaining the identification of foreign child to be adopted and the subsequent provision of adoption or foster care adoption by the competent foreign authority. In that regard it must be observed that: For those who, on the date of entry into force of the register of authorized entities, have not yet obtained the identification of foreign child to be adopted, the continuation of the activity can take place only with the assistance of an institution has the required permission;

In all other cases going to the Commission for international adoptions, in explanation of the functions and powers conferred on it by art. 9) (b) of the Convention and art. 32, paragraph 1, of law No. 184 of 1983, as amended by law No. 476 of 1998, to evaluate case by case requests for entry into Italy of couples who have obtained the fitness and started the process before the publication of the register of authorized entities to ensure the forms and the best ways to foster the successful completion of the procedure in progress the stylish and best interests of the child.
The Minister for social solidarity Turkish Justice Minister Fassino