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Apostille - 1961 Hague Convention - Convention de La Haye du 5 October 1961

Posted 18/5/2013

Despite the time that has passed since the adoption in 1961 of the Hague Convention abolishing the requirement to legalise foreign public documents, new participating countries are being added all the time. There are many translators – and, unfortunately, public officials – who still do not have a clear idea of ​​what the apostille is, what it is used for, and what to do with it.

To dispel any doubts, the best thing would be to go straight to the actual text of the Convention.

Convenio or Convención?

In Spain, Convenio. The BOE of25 September 1978, announcing ratification for Spain on 10 April 1978, refers to the instrument as “Convenio suprimiendo la exigencia de la legalización de los documentos públicos extranjeros, hecho en La Haya el 5 de octubre de 1961“.

Purpose

A brief preamble states that the Convention is to abolish the requirement of diplomatic or consular legalisation for foreign public documents (supprimer l’exigence of légalisation consulaire diplomatique des actes publics ou étrangers).

This is stipulated in Article 3, and a model (apostilla or apostille) is described in Article 4 and the Annex to the Convention, signatories of which may only be one of the authorities duly notified to that effect to the other signatory countries. To avoid confusion, Article 1 clarifies what is meant by public document for the purposes of the Convention.

Apostille format

The apostille has a common format in all signatory countries and all languages. The order in which information appears is invariably the same and each segment has a corresponding number. The version issued by the Spanish Ministry of Foreign Affairs reads as follows:

APOSTILLE
(Convention de La Haye du 5 octobre 1961)
1. País …………………………………………………………..
El presente documento público
2. ha sido firmado por …………………………………….
3. quien actúa en calidad de ……………………………..
4. y está revestido del sello/timbre de ………………..
Certificado
5. en ……………………….. 6. el día ………………………
7. por ……………………………………………………………
8. bajo el número ……………………………………………
9. Sello/timbre:…………… 10. Firma ……………………

Should the apostille be translated?

Significantly, none of the signatory countries are required to draft the apostille in a particular language.

The English version of the Convention states in this regard:

The certificate referred to in the first paragraph of Article 3 shall be [...] in the form of the model annexed to the present Convention. It may, however, be drawn up in the official language of the authority which issues it. The standard terms appearing therein may be in a second language also. The title “Apostille (Convention de La Haye du 5 octobre 1961)” shall be in the French language.

The Spanish states:

La apostilla prevista en el artículo 3, párrafo primero, [...] deberá acomodarse al modelo anexo al presente Convenio. Sin embargo, la apostilla podrá redactarse en la lengua oficial de la autoridad que la expida. Las menciones que figuren en ella podrán también ser escritas en una segunda lengua. El título «Apostille (Convention de La Haye du 5 octobre 1961)» deberá mencionarse en lengua francesa.

The French states:

L’apostille prévue à l’article 3, alinéa premier, [...] doit être conforme au modèle annexé à la présente Convention. Toutefois elle peut être rédigée dans la langue officielle de l’autorité qui la délivre. Les mentions qui y figurent peuvent également être données dans une deuxième langue. Le titre « Apostille (Convention de La Haye du 5 octobre 1961) » devra être mentionné en langue française.

The fact that is the power of the issuing authority to choose the language of the apostille gives an implicit answer to the recurring doubts of many translators and public officials as to whether the apostille should be translated into the language of the receiving country. And the answer is, obviously, negative.

Otherwise, in the countries where public or sworn translation is an official profession, we would regularly encounter absurd situations when translating documents from bilingual countries such as Belgium, where the document could be written in French and translated into Spanish by a sworn translator of that language and the Apostille (the model itself or the terms) could be in Dutch, which would require the involvement of a second sworn translator.

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Portugal expands Adoption for same sex couples

Posted 18/5/2013

Portugal's Parliament has passed a law allowing same-sex married couples to adopt their partners' children, but lawmakers rejected legislation granting gay couples the same adoption rights as heterosexuals.

The 230-seat Parliament passed by five votes Friday the center-left Socialist Party's proposal permitting a person in a same-sex marriage to adopt a partner's biological or adopted child.

However, another proposal by the Left Bloc and Green Party that would have let gay partners adopt children together as a married couple was defeated, with 104 votes against, 77 in favor and 21 abstentions.

The Socialist Party used its parliamentary majority in 2010 to pass legislation allowing same-sex couples to wed in civil ceremonies. It lost a general election the following year, and center-right parties now have a majority

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Russian parliamentary committee ready to prevent foreign adoption by same-sex couples

Posted 16/5/2013

The head of a Russian parliamentary committee says the legislature is ready to prevent adoptions by foreign same-sex couples.

In the wake of France’s legalization of same-sex marriage this week, President Vladimir Putin said he supported moves to block such couples from adopting Russian children.

Elena Mizulina, the family committee chairwoman in the lower house of parliament, was quoted as saying Saturday by the Interfax news agency that "we support the president on this matter and are ready to carry out the relevant changes in the law."

Russia last year banned adoptions by Americans, a retaliatory move for a U.S. law imposing sanctions on Russians deemed human-rights violators. The measure sailed through parliament with only a handful of dissenting votes.

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Ireland Operating Arrangement for outgoing Adoptions of U.S. children by Irish Prospective Adoptive Parents

Posted 14/5/2013

The Department of State and the Adoption Authority of Ireland have concluded discussions on an operating arrangement for Irish prospective adoptive parents to adopt children who are eligible for intercountry adoption in the United States and who will emigrate from the U.S. to Ireland under Hague Adoption Convention (Convention) procedures. The operating arrangement includes eligibility standards for prospective adoptive parents and prospective adoptive children in accordance with Irish and U.S. Convention procedures.
The Department of State will host a conference call with the Adoption Authority of Ireland and interested U.S. accredited adoption service providers who are accredited to provide outgoing adoptions service from the U.S. to address any questions and facilitate guidance on the arrangement. The Department of State will provide further details on the conference call in the near future.

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International Adoptions - Slow, Expensive and Rewarding

Posted 13/5/2013

On a Saturday afternoon, 5-year-old Lulu gushed to her mom about her aspirations to be “a beautiful ballerina.”

She performed pirouettes around the white-tiled living room while her sister, Lovie, 5, and brothers, Briland, 9, and Brice, 7, colored on a small plastic table in their Coral Gables home. An argument broke out over crayons.

That’s when mom, Jill Black, stepped in as the negotiator – one of the many roles she plays as a single mother of four children she adopted from Guatemala — two girls, two boys, all under 10.

“Let’s try and see how we can share,” said Black, 46.

Black is one of scores of parents in South Florida who’ve looked to foreign lands to find their children. Some, like Black, never had children and would be considered too old for most U.S. adoptions. Others were touched by stories of orphaned children living hard-scrabble lives in impoverished places.

Many potential parents wait years for governments and agencies to allow them to bring home a child. Documents get lost, adoption agencies face roadblocks of red tape and costs can spiral to $50,000 or more.

In the past, international adoptions were perceived as a manageable way of becoming a parent. In 2004, there were 22,991 international adoptions by American parents, according to the State Department. By 2011, that number had dropped 60 percent to 9,319.

The drop-off, in part, stems from tighter adoption laws in countries such as China and Russia, historically among the top locales for international adoptions. Government officials have become increasingly concerned they were giving up their children without sufficient screening and documentation. Politics, too, plays a part.

In December, Russia outlawed all U.S. adoptions, which numbered more than 60,000 over the past two decades. Haiti, another country with many foreign adoptions, recently said it is overhauling its adoption laws, the first time in nearly 40 years.

“Those numbers are not reflective of the lack of adoptive parents, but a lack of programs that are open,” said Candace O’Brien, a Miami adoption lawyer and founder of AdoptInternational, the agency that helped Black find her children. “These kids are there, waiting to be adopted. It’s just that the international community is making it harder.”

For Black, her quest to become a parent began with one child, 9-month-old Briland, who was living in a foster home in Tiquisate, a small town 100 miles outside of Guatemala City. She adopted him in 2004, two years after her divorce. She was 37.

“At first, my parents would ask me what I was thinking and questioned if I could really handle this,” said Black, who works as an administrative assistant in her parents’ business in South Miami .

Her parents fell in love with Briland and supported her decision to go back to Guatemala and adopt 2-year-old Brice in 2005 from Guatemala City.

In 2007, she adopted Lovie from the small town of Antigua in central Guatemala, and Lulu, from Guatemala City. Both were 15 months old.

Black said the most difficult part was the wait between the adoption processes.

“When things don’t go right in an adoption, it’s so difficult for families because you’re dealing with raw emotions,” O’Brien said. “There are so many issues outside of anyone’s control. Days go by when you just want to roll your eyes and say, ‘Why am I doing this?’ ”

THE LANGUAGE BARRIER

Bill Belz was reading a magazine article about a woman who adopted a child from Poland.

Belz , a retired Miami firefighter, is of Eastern European descent, so the thought of adopting an older child from Poland was particularly appealing.

“I casually left the magazine on the side of our bed to see if maybe my wife would notice it that night,” said Belz, 49. “When I came to find her later, she was already looking online for the adoption agency mentioned in the story.”

An agency found a 7-year-old girl named Angelika. She had a 6-year-old sister named Asha. They both lived in a foster home in Jelenia Gora, a town in southwest Poland. Separating the two was not an option.

“We started off expecting one child and then our parameters expanded,” said Jennifer Belz, 54, a freelance court reporter.

It took a year and a half and more than $25,000 to bring the two short-haired girls in plaid dresses to their Miami home. They were 6 and 7 when they arrived on Aug. 3, 2003. The family moved to Key Largo five years later.

The girls initially struggled with learning English. Hand gestures and Belz’s basic Polish skills were the norm for the first months. TV also helped them learn the language.

Today, the girls attend Coral Shores High School in Tavernier. They have a hard time remembering their Polish and like most teens, go out with friends and find little time to clean their rooms, says their mom Jennifer.

“There is no doubt in my mind that these girls are my daughters,” she said. “It doesn’t matter how they came to be, we would’ve found each other one way or another.”

‘HE CALLED ME MAMA’

Susan Westfall found her son on a video at a Miami adoption agency.

The 3-year-old was laughing while riding a tricycle in Russia.

“I felt such a strong, emotional connection to him,” said Westfall, 58, a playwright, who later wrote about her experience in a play, The Boy from Russia.

She and her husband, Alan Fein, an attorney, traveled to a Russian orphanage in Smolensk, a port city on the Dnieper River about 250 miles west of Moscow. Their 7-year-old biological son, Jake, and an attorney journeyed with them. They found the toddler — his name was Vladimir Nicolayevich Petrokov — and renamed him Peter.

It took them four months and thousands of dollars to move their son to their Key Biscayne home on Feb. 23, 2000.

His diet in Russia — plain soup and potatoes — made dinnertime a challenge.

“It was awhile before he could adjust to eating anything with flavor,” said Westfall. “Even things like macaroni and cheese took him a long time.”

Today, Peter is 16 and a freshman at MAST Academy. He wants to be a marine biologist.

“My friends at school sometimes ask me if I remember my Russian,” Peter said. “I’ve forgotten a lot of it but it comes back to me sometimes.”

Westfall still remembers the first day she met him. With confidence, the blond boy walked up to her, crawled onto her lap and gave her a hug.

“He called me mama,” she said. “It was as if he already knew who we were. He knew we were taking him home.”

JUST SEEMED RIGHT

Candace Brown knew she always wanted children. But when she, a Chicago native, and her husband Luis Amato, a Uruguayan, couldn’t get pregnant, they decided to search for a child.

They began in Port-Au-Prince, Haiti.

The Miami Beach couple had several friends who lived in Haiti and with whom they had visited over the years.

“We were drawn in by this very beautiful and colorful culture,” said Brown, 56, a nurse anesthetist at the University of Miami Hospital. “There are so many children in that country who needed parents, so Haiti just seemed like the right place.’’

They visited several nurseries for orphans. Some housed several children in homes with dirt floors. Eventually, the couple found a 1-month-old baby girl named Gabrielle, who weighed less than 10 pounds.

Brown remembers holding out her hand to the infant when she first met her.

“She grabbed onto my finger with an incredible strength,” she said. “And I just knew right then that this was my daughter.”

But there were setbacks.

“The government in Haiti lost our entire adoption folder,” said Amato, a real estate agent. “It took us almost nine months to finally bring her home.”

In September 2002, Gabrielle flew home with her parents from Port-au-Prince to Miami. She was 9 months old.

Her parents knew Gabrielle would soon begin questioning them why her skin color was different from theirs.

“Because I’m white and my child is black, it was no secret that we were different kind of family,” Brown said. “We would always explain to her that she was the one who chose us.”

Now 11, Gabrielle is a dancer and fifth-grader North Beach Elementary School. She has traveled to Mexico, France, Costa Rica and Uruguay. One day, they will return to Haiti.

“A child doesn’t have to come out of your body to be yours,” Brown said. “She’s my child, no matter what.”

Read more here: http://www.miamiherald.com/2013/05/11/v-fullstory/3393171/international-adoptions-slow-expensive.html#storylink=cpy

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Fall in Intercountry Adoptions

Posted 13/5/2013

rances Fitzgerald: Minister said the agreement with the US was good news

Adoptions into Ireland have dropped dramatically in the last four years from 307 in 2009 to 117 in 2012, new figures show.

But numbers may increase again following the signing of a new agreement between Ireland and the US in the last few days and the accreditation of an Irish adoption agency in Vietnam.

In 2009, a total of 307 children were adopted into Ireland including 136 children from Vietnam, 100 from Russia and 21 from Ethiopia. The balance of children came from 11 other countries including China, Mexico and Kazakhstan, according to figures supplied to the Sinn Fein Deputy Pearse Doherty in response to a parliamentary question.

Total figure In 2010, the total figure for inter-country adoptions was 200, and was down to 188 in 2011 and to 117 last year.

There were no adoptions from Vietnam last year or in 2011 and adoptions from Ethiopia dropped from a high of 75 in 2010 to 32 in 2012. Some 124 children were adopted from Russia in 2011, and 49 were adopted last year.

The drop in adoptions followed Irelands ratification of the Hague Convention on Inter-country Adoption in November 2010. The convention outlines standards and procedures that should be followed when children are adopted from one country into another.

Signed convention The ratification meant children could only be adopted into Ireland from countries that had signed up to the convention. Neither Russia nor Ethiopia have signed it and after 2010, children could only be adopted from those countries if they had already been approved.

In 2009, a bilateral adoption agreement between Ireland and Vietnam lapsed. The lapse followed a series of scandals relating to fraudulent adoptions.

In September last year a new agreement was signed with Vietnam and the country recently accredited an adoption agency to work with Irish couples. It is expected adoptions will begin again with Vietnam in the next few weeks.

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Dáil debate

Posted 12/5/2013

Joe McHugh (Donegal North East, Fine Gael)


To ask the Minister for Children and Youth Affairs if she will update Dáil Éireann on her Department's engagements with Prospective Adoptive Parents of Ireland. 


Frances Fitzgerald (Minister, Department of Children; Dublin Mid West, Fine Gael):-

 

I met representatives of the group in question in December 2012 to discuss a number of issues it raised regarding inter-country adoption with Bulgaria. Issues of particular concern included the role of the agencies, Arc Adoption and the ANIDO Association, which have been accredited to facilitate adoptions from Bulgaria, and concerns regarding the expiration of declarations of eligibility and suitability to adopt from Bulgaria, which were issued under section 63 of the Adoption Act 2010. I informed the group that the Adoption Authority of Ireland, AAI, is examining a number of issues related to accredited agencies, including whether the levels of fees being charged by Irish agencies conform to international norms. While the AAI has indicated that the level of fees being charged by Arc Adoption is in line with international norms, it has asked the organisation to amend the fee payment schedule to produce a more balanced staged payments structure.


My Department is examining the role of accredited agencies under the Adoption Act 2010, including the issue of operating costs. I am anxious to ensure such agencies are underpinned by sustainable financial structures that operate within international norms for adoption. The sustainability of the agencies dealing with adoption is a serious matter. All fee structures should be set at an appropriate level and transparency should be provided to all the parties involved in the adoption process.
The wider picture in respect of adoption in this country is changing. The number of adoptions is increasing and our relationship with Russia and Ethiopia, countries from which many children who have been eligible for adoption have come, has changed completely.


The group also raised concerns regarding extensions of the validity of declarations of eligibility covered by section 63 of the Adoption Act which were due to expire on 31 October 2013. Following a series of meetings I and my officials held with representatives of the Adoption Authority of Ireland and Health Service Executive, we agreed a process whereby holders of valid section 63 declarations may apply to the HSE for an assessment review that will not include a full assessment process. As a result, the relevant applicants will not be required to undergo another full assessment to obtain a section 40 declaration of eligibility and suitability to adopt. The HSE has written to holders of such declarations advising them of the procedures to be followed when renewing their declarations. To date, 269 applicants with section 63 declarations have responded to the HSE confirming their intention to continue the adoption process. The review assessment will be much shorter than any assessments the applicants will have undergone previously.


Jim Daly (Cork South West, Fine Gael)

The adoptive process is extremely challenging for prospective parents and creates a significant drain on their resources and strength. This area is worthy of much scrutiny and further support by the Department.
I commend the Minister and her Department on the significant progress made on inter-country adoptions. New bilateral agreements with Russia and Ethiopia are an especially welcome step. Unfortunately, time is not on the side of many prospective parents seeking to enter the adoption process. I welcome the Minister's announcement on section 63 declarations and section 40 assessments, as they were previously known, because these have been a cause of considerable concern.
I am pleased to note the Minister's satisfaction with the cost and effectiveness of the agencies involved in the adoption area, including several organisations that recently became involved in the process. Will the Health Service Executive speed up the adoption process? Will the reassessment be streamlined and take cognisance of all information that has been gathered previously at significant personal cost to prospective parents? As I noted, this is a trying time for the individuals in question as the process drains their strength.


Frances Fitzgerald (Minister, Department of Children; Dublin Mid West, Fine Gael)

 

I discussed this issue at meetings with representatives from the HSE and the Adoption Board and with officials within my Department. I realise that this is a matter of major concern to many potential adoptive parents, particularly as our signing of the Hague Convention - which was clearly the correct route to take - has led to a change in the position with regard to inter-country adoptions as far as Irish couples are concerned. This is because there are fewer countries from which it is currently possible to adopt children and that is a result of our not yet having bilateral arrangements with them. In correspondence with couples, the HSE has made it very clear that they will not be obliged to undergo full assessments again. Instead, a review will be carried out and this will be shorter. Of course, the couples to whom I refer will be obliged to produce the necessary documentation in order to satisfy the authorities on various issues. Whether it is in respect of vetting or whatever, certificates, etc., people will again be obliged to produce certificates, etc. However, the assessment process will be much shorter and it will take the form of a review.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)


I realise that the Minister will not have the relevant information in her possession now but would she be in a position to access the up-to-date statistics in respect of the number of Irish parents who are waiting to successfully complete the process of adoption? Will she outline the most recent statistics regarding domestic adoptions and those made from the variety of international jurisdictions with which Ireland currently has the necessary working arrangement? The information to which I refer would be very useful. Will the Minister undertake to circulate it at the earliest opportunity to Opposition spokespersons?


Frances Fitzgerald (Minister, Department of Children; Dublin Mid West, Fine Gael)


I will circulate the information in question. It is worth making the point that this is a public information and education issue. There are large numbers of parents in Ireland who would like to adopt. It is possible that next year up to 1,000 couples may wish to adopt. The reality is that the number of children available for inter-country adoption is far lower than was the case in recent years. In the past, very high numbers of children from Russia and Ethiopia, in particular, were adopted into Ireland. The position in respect of India, Russia and Vietnam is changing, particularly as they are encouraging their own citizens to adopt children. This has led to a huge change in the context of the number of children from these countries who are available for adoption. The situation internationally has changed dramatically. In the case of some countries in which children who are in institutions might be available for adoption - Haiti could be one example in this regard - the relevant international agreements are not in place to allow such adoptions.
The position is extremely complex and that is why I have been trying to ensure that, if at all possible, we have bilateral agreements in place with countries such as Russia. We have signed an agreement with Vietnam and people will be able to adopt from that country towards the end of this month. We have met the Indian authorities in the interests of ensuring that couples which want to adopt from India will be able to do so.


The other striking aspect of this matter is that many of the children who are available for adoption have special needs. Prospective Irish adoptive parents must be aware of that fact. The situation is continually changing and we are working very hard to ensure we have in place the appropriate links with countries where there are children who can be adopted.
Add your comment

 

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)


Will the Minister circulate the relevant information?

 

Frances Fitzgerald (Minister, Department of Children; Dublin Mid West, Fine Gael)

 


Yes.

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Dramatic drop in inter-country adoptions

Posted 12/5/2013

Dramatic drop in Inter-country adoptions

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Irish Adoption Agency Fees in line with International norms

Posted 12/5/2013

The assurance came from Frances Fitzgerald, the children’s minister, after she had met with a group of adoptive parents who had raised concerns.

She specifically stated the fees charged by Arc Adoption were in accordance with international charges but said the agency had been asked to amend its structure.

“I informed the group that the Adoption Authority of Ireland is examining a number of issues related to accredited agencies, including whether the levels of fees being charged by Irish agencies conform to international norms,” said Ms Fitzgerald.

“While the AAI has indicated that the level of fees being charged by Arc Adoption is in line with international norms, it has asked the organisation to amend the fee payment schedule to produce a more balanced staged payments structure.”

Chief executive of Arc Adoption, Shane Downer, said he welcomed Ms Fitzgerald’s comments on the agency’s fees. “In fact, our fees are generally less than those charged by many agencies in other European countries,” he said.

Arc Adoption charge €16,650 to adopt from Bulgaria. About €2,750 of that is refunded after 30 months. Danish and Swedish agencies charge between €19,000 and €24,000.

None of the agencies currently accredited by the AAI are funded by the State. In the past, Helping Hands Adoption Mediation Agency received funding from the HSE and the National Lottery.

Ms Fitzgerald told the Dáil that up to 1,000 couples may wish to adopt in the next year, but the numbers of children available for inter-country adoption was now far lower.

“In the past, very high numbers of children from Russia and Ethiopia, in particular, were adopted into Ireland,” she said. “The position in respect of India, Russia, and Vietnam is changing, particularly as they are encouraging their own citizens to adopt children.

“This has led to a huge change in the context of the number of children from these countries who are available for adoption.”

Last summer, Ireland signed a new agreement to allow couples to resume adopting children from Vietnam. They are expected to be able to adopt by the end of the month. Ireland ceased adopting children from the country after it chose not to resume its bilateral agreement in May 2009 following concerns raised by in Unicef.

The US had suspended adoptions from Vietnam in 2008 after it un-covered evidence of baby selling and “baby farming”, and it is believed Ireland’s decision was influenced by similar concerns. Unicef and the US state department highlighted serious concerns recently about corrupt adoption practices in Ethiopia.

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International Adoptions

Posted 12/5/2013

Adoption is the process whereby a child becomes a member of a new family. It creates a permanent, legal relationship between the adoptive parents and the child.

In recent years, adoptions in Ireland have become increasingly rare and many prospective parents now look abroad to adopt a child. This process is called Inter-country adoption.

If you want to adopt a child, whether in Ireland or abroad, the first step is to contact your local HSE Adoption Service.

If you are eligible, have completed a detailed assessment of your suitability to adopt and have a child successfully placed with you, an application for an Adoption Order will be made to the Adoption Authority of Ireland, an independent statutory body, and the Adoption Authority will process the adoption application and make an adoption order in due course. If you are adopting from abroad, the process is a lengthier one. The legislation governing adoption is the Adoption Act 2010.

As adoption is a complex legal process, it is helpful to be aware of the basics of adoption law.

The HSE is the competent authority, under the Adoption Act 2010, for the processing of domestic adoptions. Accredited bodies will work with the HSE in all areas of adoption, undertaking those activities for which they are accredited.
An Adoption Order secures in law the position of the child in the adoptive family. The child is regarded in law as the child of the adoptive parents as if he/she were born to them. Legal adoption is permanent.
All applications for Adoption Orders are made to the Adoption Authority.
The law allows the adoption of orphans and children born outside marriage (including, in certain circumstances, children whose natural parents subsequently marry each other). In exceptional cases, the High Court can authorise the adoption of children whose parents have failed in their duty of care towards them (this can include children born within marriage).
Who Can Adopt?
In Ireland, in order to adopt a child, you must be at least 21 years of age and resident in the State. Where the child is being adopted by a married couple and one of them is the mother or father or a relative of the child, only one of them must have attained the age of 21 years.

The following persons are eligible to adopt:

A married couple living together,
A married person alone. The other spouse's consent to adopt must be obtained unless the couple is living apart and separated under a court decree or a deed of separation, or the other spouse has deserted the prospective adoptive parent or the other spouse's conduct has resulted in the prospective adoptive parent, with just cause, leaving the other spouse.
The mother, father or relative of the child (relative meaning a grandparent, brother, sister, uncle or aunt of the child and/or the spouse of any such person, the relationship to the child being traced through the mother or the father);
A widow or widower
A sole applicant who is not in one of the categories listed above may only adopt where the Adoption Authority is satisfied that, in the particular circumstances of the case, it is desirable. It is not possible for two unmarried persons to adopt jointly.
There are no legal upper age limits for adopting parents, but most adoption agencies apply their own.

Step-parent adoption
A step-parent adoption occurs when a child is adopted by a married couple, one of whom is the natural parent of the child (usually the mother) while the other is not. Both the natural parent and the step-parent must adopt the child in order to avoid the natural parent losing his/her rights and responsibilities to the child. If a child was born within a previous marriage, where the natural parent has now remarried following a divorce or the death of his/her spouse, the child is not eligible for adoption. There is more information on step-parent adoption on the Adoption Authority's website.

Consent
The consent of the parent/guardian of the child to the adoption is a legal requirement. If the child is born outside marriage, and the father has no guardianship rights, only the mother's consent is needed. Under the adoption legislation , however, birth fathers are now being consulted (if possible) about the adoption of their children. In situations where the parents are not married and the father does not have guardianship rights, his consent is not necessary for adoption. However, the consent of the father is required if he marries the mother after the birth of the child or he is appointed guardian or is granted custody of the child by court order.

The mother, father (where he is guardian) or other legal guardian must give an initial consent or agreement to the placing of a child for adoption by an approved adoption service. He/she must then give his/her consent to the making of an Adoption Order. This consent may be withdrawn any time before the making of the Adoption Order.

If the mother either refuses consent or withdraws consent already given, the adopting parents may apply to the High Court for an order. If the court is satisfied that it is in the best interests of the child, it will make an order giving custody of the child to the adopting parents for a specified period and authorising the Adoption Authority to dispense with the mother's consent to the making of the Adoption Order.

If a mother changes her mind about adoption before the making of the Adoption Order, but the adopting parents refuse to give up the child, she may then institute legal proceedings to have custody of her child returned to her.

When an Adoption Order is made, a new birth certificate can be obtained for the child. Although it is not an actual birth certificate, it has the status of one for legal purposes. It gives the date of the Adoption Order and the names and addresses of the adoptive parents and is similar in all aspects to a birth certificate.

The procedure involved in adopting a child is thorough and takes time, at least a year. When you have contacted your local HSE Adoption Service, you will be invited to attend an information session along with other interested couples, to learn what is involved in the adoption process. If you want to proceed, you ask for the relevant forms to be sent out.

Assessment
People wishing to adopt should apply to one of the pproved Adoption Societies (see contact information below) or their local HSE Adoption Service. While there is a statutory entitlement to an assessment for inter-country adoption, there is no such entitlement to be assessed for domestic adoption. Applicants being considered by an adoption agency will undergo a detailed assessment. This assessment takes place over a period of time, ranging from 9 to 15 months, sometimes longer. The purpose of this assessment is to establish applicants' suitability as prospective adoptive parents. The assessment is carried out by one of the agency's social workers. It includes a number of interviews and home visits. Where the application is in respect of a married couple, there will be both individual and joint interviews. The social worker will discuss such areas as previous and/or current relationships, motives for adopting, expectations of the child and the ability to help a child to develop his/her knowledge and understanding of his/her natural background. All applicants are required to undergo a medical examination.

If you are planning to adopt abroad, the assessment will also take in issues of the child's cultural background and possible special needs.

Report
The social worker then prepares a report, which goes before the agency committee or (HSE) Area committee and a decision is made.

If you are adopting in Ireland, you will not be entitled to see the report.

If you are adopting abroad, your social worker will share the report's contents with you and you are free to raise any issues you wish. If the social worker agrees, the report can be amended. If the social worker does not agree, after mediation, you can attach a written comment on the disputed matter, which will be submitted to the committee. You have the right to appeal any recommendation/decision made.

Adopting In Ireland
If your application is approved, you will most likely wait a long time before a baby is offered. When a baby is offered, an application must be made to the Adoption Authority, along with your medical records, personal details and three references. The Adoption Authority has statutory responsibility for authorising placements and regulating agencies. A social worker from the Authority will visit you twice before an Adoption Order is made. It normally takes between six to twelve months to process a domestic adoption application to a stage where the Adoption Authority is satisfied to make an Adoption Order.

When the Adoption Order is finally made, you will come before the Adoption Authority and give sworn evidence as to your identity and eligibility. You will also be given information on how to go about getting a new birth certificate for the child. The new birth certificate will normally be available through the Registrar General's Office within four weeks.

How to apply

If you have an enquiry about adoption in Ireland, contact your Health Service Executive (HSE) Local Health Office.

A certified copy of an entry in the Adopted Children Register, which can be used for legal and administrative purposes, costs €10. You can download an application form for a certified copy here.

Where to apply

Adoption Authority of Ireland
Shelbourne House
Shelbourne Road
Ballsbridge
Dublin 4
Ireland

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New Post Title

Posted 12/5/2013

Interested in the issue of e-notarization? Arizona was one of the first states to create statutes that would allow for e-notarization, and e-notarization in Arizona was possibility for all Arizona notaries.

What Arizona actually did in the way of e-notarization:

Until 2012, Arizona did allow Arizona notaries to transmit, via the web, documents properly notarized in person.

When a person receives a properly notarized document sent electronically in Arizona, there is a link in the Arizona seal on the electronic document; it takes you to a link on the AZSOS.GOV site and takes you to the exact commission number to verify that the Arizona notary is in fact qualified. This excellent system verifies that the notary has the authority to perform an acknowledgment in Arizona, for example, and all other notarial acts.

There are currently only 17 Arizona notaries who still have the software that gives them the ability to electronically transmit properly witnessed and signed documents notarized in Arizona. However, until the Arizona Secretary of State’s Office contracts with a new software vendor, as of 2012, a person applying to become an Arizona notary cannot have the option of properly transmitting, via e-mail or the Internet, documents notarized in Arizona. Only those Arizona notaries who already have the software may fulfill this role.

Arizona’s e-notarization statutes provided for electronic transmission and for verification that an Arizona notary holds a valid commission. In this regard, Arizona was forward-thinking and anticipated the request for electronic submission of properly notarized documents. All states are being challenged in the same manner: there is a lot of interest in electronic notarization. Currently, the state of Arizona would welcome a fully-qualified vendor willing to take on the project, one who creates software that has the proper encryption. Arizona would even change the statutes slightly if needed to make the vendor’s job a bit easier. However, the link that allows an individual to verify the commission of the Arizona notary must be maintained, and notarization by webcam is out of the question.

What e-notarization actually meant in Arizona

The Arizona Secretary of State’s Office explains in 2012 that e-notarization never meant undertaking any Arizona notarial acts via webcam; all notarial acts were always meant to be done in person, and any other idea of e-notarization in Arizona is a misinterpretation of the Arizona statutes on e-notarization. In Arizona, e-notarization referred only to electronically transmitting information already verified in person by an Arizona notary, the Office of the Secretary of State asserts. It seems that the term “electronic notary” in the statutes was widely misinterpreted.

This 2012 interpretation from the Office of the Arizona Secretary of State runs contrary to comments on blogs and information on the web about the meaning of Arizona’s statutes—for example, p. 20 of the January, 2011 Report of the National Association of Secretaries of State http://www.wwnotary.com/documents/nass-report-notarization-0113111.pdf–or to other information from reputable sources, for example, http://www.oasis-open.org/committees/download.php/4541/enotarization.pdf. On p. 20 of the NASS report at the first link above, it is stated that, in Arizona, “An electronic notarization is performed in the presence of the electronic notary.” However, the Secretary of State’s Office asserts, the term “electronic notary” in Arizona was misinterpreted. Also, for example, language in statute 41-351 such as “(b) Provided secure electronic acknowledgment that the signer executed the electronic instrument presented to the electronic notary” meant only that secure information (such as an Arizona acknowledgment)was being transmitted over the web; it did not mean it was being done via webcam. Notarization by webcam, the Secretary of State confirms, is illegal, and was never sanctioned or planned for by Arizona.

Again, the option to transmit properly notarized documents over the web while electronically verifying (online) the commission of the Arizona notary is not currently available to new Arizona notaries. According to the Arizona Secretary of State’s Office, this is because the vendor who provided the software that was needed to fulfill the Arizona statutes regarding e-notarization no longer provides that service to the Secretary of State. It was not cost effective for the vendor because the state’s statutes are very specific about e-notarization in Arizona, and the requirements were apparently a hefty IT matter.

 

The Pros and Cons of eNotarization

As the technological world continues to evolve on a regular basis, more and more industries are looking to go from the paper route to the electronic route, allowing them to save time and money while providing more convenience to their customers.

One such industry that is following the technological advancements is the notary industry, which is looking to utilize eNotarization on a more frequent scale.

For those who are not up to speed on exactly what an eNotary does, they are quite simply a Notary Public who notarizes documents electronically. One of the means to do this is through utilizing a digital signature and notary seal to notarize electronic documents and validate with a digital certificate.

With electronic notarization, a notary puts an electronic signature and notary seal in place using a secure public key to an electronic document (such examples would be a PDF or Word document). When the signature and seal are affixed, the piece is looked upon as being tamper evident, meaning that any unauthorized attempts to alter the
document would be noticeable to relying parties.

eNotarization Focuses in on Security

In taking a look at the short history of electronic notarization, the National Notary Association (NNA) saw the need to put rules and standards in place for a workable, accessible, and, most importantly, secure system of electronic notarization.

As a result, the NNA came up with Enjoa (the Electronic Notary Journal of Official Acts), which allows both electronic and paper-based notary acts to be recorded—and that record should be free from tampering in an electronic database.

With Enjoa, notaries can electronically gather both a holographic signature and a fingerprint of each document signer, also providing the added choice of capturing within its database the signer’s facial image via a Web camera. Whether it be recording eNotarizations or paper-based transactions, Enjoa offers proof of a signer’s personal
appearance, a detailed database of the notarial act, and a level of security that is not available in a paper-based recordkeeping system.

It was some six years ago that the NNA partnered with the Commonwealth of Pennsylvania in unveiling the nation’s initial Electronic Notarization Initiative, a comprehensive eNotarization program. All Pennsylvania notaries participating in the initiative utilized a digital certificate to perform electronic acts that were subsequently
made available for recordation in the four original participating counties. Other counties throughout Pennsylvania were quick to enroll in the program.

So, what can be seen as some of the pros and cons of eNotarization?

On the plus side:

* Electronic versatility offers benefits for both the notary involved and the business and legal communities. One of the more notable benefits is the time in which documents can now be notarized via a computer. Such documents include power of attorney paperwork, affidavits, deeds, title loans, wills, and prenuptial agreements, among
others.

* eNotarization makes it easy for the notary to adapt to changes in the document in just
minutes.

* eNotarization allows notaries to stay on top of cutting-edge technology, meaning they can compete with others in their business who are also using this manner to notarize documents. For those who choose not to, it could mean losing potential or current customers who opt for the more technologically advanced means to notarize paperwork.

On the negative side:

* eNotarization is not available everywhere, meaning you may or may not have it as an option where you live.

* Some worry that security could be compromised when using eNotarization. If that happens, the notary could lose business from customers who fear their private information leaking out. Whether with traditional notary usage or eNotarization, both the notary and customer should make sure private data is as protected as possible.

* eNotarization is still evolving, meaning some parts of the process are not entirely up to speed. As the process evolves more, eNotarization will become commonplace for both notaries and customers.

With more and more processes going the electronic route, is eNotarization in your plans?

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What is the difference between a Notary Public and a solicitor

Posted 26/2/2013

What is the difference between a Notary Public and a solicitor?

Notaries form a small, highly specialised branch of the legal profession, whose area of specialisation is the preparation and certification of documents so that they may be used effectively abroad.

Solicitors form by far the largest part of the legal profession. They provide advice and representation to their clients on a wide variety of legal issues, usually within the legal framework of their country of residence.

One important difference between a Notary and a solicitor is that whereas a solicitor's primary duty is to his client, the Notary's primary duty is to the transaction and the authenticity of the documents. As Notary Public's are recognised worldwide, they have to maintain absolute integrity and impartiality to maintain the standing of the Notarial profession.

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Notaries

Posted 4/2/2013

Notaries Public (also called "notaries" or "public notaries"):

hold an office which can trace its origins back to ancient Rome, when they were called "scribae", "tabellius" or "notarius".


They are easily the oldest continuing branch of the legal profession, and exist and are known all over the world.

 


The history of Notaries is set out in detail in Chapter 1 of Brooke's Notary (12th edition):


"The office of a public notary is a public office. It has a long and distinguished history. The office has its origin in the civil institutions of ancient Rome. Public officials, called "scribae", that is to say, scribes, rose in rank from being mere copiers and transcribers to a learned profession prominent in private and public affairs. Some were permanent officials attached to the Senate and courts of law whose duties were to record public proceedings, transcribe state papers, supply magistrates with legal forms, and register the decrees and judgments of magistrates. In the last century of the Republic, probably in the time of Cicero, a new form of shorthand was invented and certain arbitrary marks and signs, called "notae", were substituted for words in common use. A writer who adopted the new method was called a "notarius". Originally, a notary was one who took down statements in shorthand and wrote them out in the form of memoranda or minutes. Later, the title "notarius" was applied almost exclusively to registrars attached to high government officials, including provincial governors and secretaries to the Emperor.


Notwithstanding the collapse of the Western Empire in the 5th century AD, the notary remained a figure of some importance in many parts of continental Europe throughout the Dark Ages. When the civil law experienced its renaissance in medieval Italy from the 12th century onwards, the notary was established as a central institution of that law, a position which still obtains in countries whose legal systems are derived from the civil law.


The separate development of the common law in England, free from most of the influences of Roman law, meant that notaries were not introduced into England until later in the 13th and 14th centuries. At first, notaries in England were appointed by the Papal Legate. In 1279 the Archbishop of Canterbury was authorised by the Pope to appoint notaries. Not surprisingly, in those early days, many of the notaries were members of the clergy. In the course of time, members of the clergy ceased to take part in secular business and laymen, especially in towns and trading centres, began to assume the official character and functions of a modern notary.


The Reformation produced no material change in the position and functions of notaries in England. However, in 1533 the enactment of "the Act Concerning Peter's Pence and Dispensations" (The Ecclesiastical Licences Act, 1533) terminated the power of the Pope to appoint notaries and vested that power in the King."
Traditionally, notaries recorded matters of judicial importance as well as private transactions or events where an officially authenticated record or a document drawn up with professional skill or knowledge was required.
The duties and functions of notaries public are described in Brooke's Notary at p 19 in these terms:
" Generally speaking, a notary public ... may be described as an officer of the law ... whose public office and duty it is to draw, attest or certify under his official seal, for use anywhere in the world, deeds and other documents, including wills or other testamentary documents, conveyances of real and personal property and powers of attorney; to authenticate such documents under his signature and official seal in such a manner as to render them acceptable, as proof of the matters attested by him, to the judicial or other public authorities in the country where they are to be used, whether by means of issuing a notarial certificate as to the due execution of such documents or by drawing them in the form of public instruments; to keep a protocol containing originals of all instruments which he makes in the public form and to issue authentic copies of such instruments; to administer oaths and declarations for use in proceedings ... to note or certify transactions relating to negotiable instruments, and to draw up protests or other formal papers relating to occurrences on the voyages of ships and their navigation as well as the carriage of cargo in ships."

 

United States

In the United States, generally speaking, a notary public is a public official appointed by a state government to serve the public as an impartial witness. Notaries in the United States are much less closely regulated than notaries in civil law jurisdictions or in most other common law countries. Usually individuals need no special training to obtain a notary public commission; they must only pass a simple test, and have some form of background check or obtain a bond or insurance to ensure their integrity. Most banks have at least one notary present whenever they are open. In the United States, a non-attorney notary may not offer legal advice or prepare documents (with the exception of Louisiana*) and cannot recommend how a person should sign a document or even what type of notarization is necessary.


Each state in the United States has different requirements for becoming a notary public. Some states require that notaries be appointed directly by the state legislature, while in others the individual simply takes an exam and pays a small annual fee. In most states, notaries are administered by the Secretary of State; in Alaska, this function is performed by the office of the Lieutenant Governor.
A Maryland requirement that to obtain a commission, a notary declare his belief in God, as required by the Maryland Constitution, was found by the United States Supreme Court in Torcaso v. Watkins, 367 U.S. 488 (1961) to be unconstitutional. Historically, some states required that a notary be a citizen of the United States. However, the U.S. Supreme Court, in the case of Bernal v. Fainter 467 U.S. 216 (1984) (the Fainter case), declared that to be impermissible.


In the U.S., there are reports of notaries (or people claiming to be notaries) who takesen advantage of the differing roles of notaries in common law and civil law jurisdictions to engage in the unauthorized practice of law. The victims of such scams are typically illegal immigrants from civil law countries who need assistance with, for example, their immigration papers and want to avoid hiring an attorney. Confusion often results from the mistaken premise that a notary public in the United States serves the same function as a Notario Público in Spanish-speaking countries (which are civil law countries, see below). Prosecutions in such cases are difficult, as the victims are often deported and thus unavailable to testify.

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Notary Public in United States of America

Posted 30/1/2013

Notary Public in United States of America


In the United States of America, the notary public is a public official and state officer who is sworn to duty by virtue of an oath and, thereby, empowered to perform designated official legal acts. The office of the notary public is essential to the smooth running of our legal and administrative operations. The notary public attests to the authentication of a signature on a document, and this attestation is binding by law. Let us look at this history, eligibility requirements and official duties of this respected position.


History of the Profession

The history of the position of notary public dates back to ancient Rome when paid public secretaries, called administrative assistants today, helped the high ranking public officials with official matters, such as drafting legal documents or writing letters on behalf of their employer. These documents, when presented to a party, needed to be signed and witnessed by three other people in addition to the secretary. Only then would that document be considered legal evidence. Within a short period of time, the number of these public secretaries grew, to the point where they formed a guild, and the Empire presided over them. Royalty all over ancient Europe started utilizing these "notaries" in order to ensure that documents were drawn and authentically signed.

During the Middle Ages, notaries needed to study and had to pass a test before they were eligible to perform the duties of a notary. When the United States broke away from the motherhood of England and established its own Republic, the same process was kept with regard to the duties and
responsibilities of the notary public. The notary public officers in the United States, to this day, are appointed by the state governors or another designated state officer to serve in the position for a given term of years. The notaries still receive their power and authority through the laws of the state in which the oath is consummated.

Eligibility Requirements for a Notary Public in the United States of America

In the United States, the eligibility requirements are set in the laws adopted by each particular stare with regard to the position of notary public, who is an officer of the state. Most states, however, have adopted similar eligibility requirements as follows:
The applicant must be at least 18 years of age at the time of the filing of the application.
The applicant must be a resident of the state of application, or have either an office or a place of business within that state. There is no minimum length of residency requirement in most states. The applicant must present verification of good moral conduct, and notaries are bonded in many states. This is because honesty and integrity are an integral part of a notary's public duties and responsibilities.
The applicant must be familiar with the duties and responsibilities of the office of notary public, and must pass a written examination to attest to this knowledge and understanding.
Ineligibility

A notary public, once duly recognized and sworn to duty, may have his or her commission rescinded for the reasons as follows:
A notary public is found to have been guilty of moral turpitude, that is, acts contrary to the values of society and deemed immoral by nature, whether or not the acts have been designated a crime.
A notary public has been found guilty of a felony.
A notary public has used, carried or possessed a dangerous weapon.
A notary public has been found in possession of burglar's tools, to have possessed criminal property, or to have entered a building unlawfully.
A notary public has been found to be in possession of or has distributed any narcotic substances.
A convicted felon can receive appointment consideration if the felon has received either a Certificate of Good Conduct from the Parole Board or a Certificate of Relief from Disabilities by the sentencing court.

Official Duties of a Notary Public

The functions and duties of the notary public depending on the jurisdiction are as follows:
Administer oaths and affirmations
Attest and certify to the authenticity of certain legal documents by virtue of the signature and seal of the notary public, including fingerprinting responsibilities
Certify acknowledgements, affidavits, depositions and proofs of execution
Serve as an official state witness as called upon, such as in connection with the forcible opening of bank safe deposit boxes.
As an officer of the state, a notary public can be duly trained and be recognized as a Certified Fingerprinter. There are over five hundred job classifications in the United States at this time that require applicants to be fingerprinted for background checks to determine whether or not the applicant meets the job qualifications. As a Certified Fingerprinter, a notary public will be able to provide fingerprinting service in both black ink with fingerprint card and in Live Scan fingerprinting. Most customers request the Live Scan fingerprinting method for their applicants because of the high rejection rate of the fingerprinting with ink results. Additionally, the Live Scan fingerprinting results can be known within 72 hours of administering the process. A notary public is an excellent choice when a Certified Fingerprinter is needed. Some of the professions that have mandatory background checks are jobs dealing with children, the elderly, the mentally and/or physically sick, legal professions, employment agencies, and financial companies. The demand for fingerprinters increases each year, and each year more and more notaries public are becoming Certified Fingerprinters.

As an officer of the state, the notary public can not be involved in the following activities:
In capacity a notary public, an individual may not give advice to anyone regarding the law, including the construction of legal documents or any paper deemed by the courts as legal documents
In capacity as a notary public, an individual may not solicit services for attorneys, nor divide any fees received through the performance of their duties with an attorney
The position of notary public has been recognized as a vital cog in the facilitation of official legal documents for almost 2000 years, and it is recognized as fundamental to our society.

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ICC urges States to ratify Apostille Convention

History of the Civil Notary Public in Europe

Posted 9/4/2012

Origins 
In the 3rd century AD, under the late Roman Empire, officers whose roles were similar to that of modern Notaires were already authenticating contracts on behalf of the State. The colonizers introduced the concept into Gaul and "Gaulish notaries" started drawing up documents, particularly land censuses designed to establish the basis for property tax
The profession disappeared after Rome fell to the barbarians, but reappeared in the 9th century by virtue of a capitulary issued by Charlemagne.

At the dawn of the Kingdom of France 
In 1270, shortly before setting off on his last crusade, King Louis IX, commonly known as Saint Louis, and King Philippe le Bel, in 1302, played an important part in developing the role of the Notaire. King Louis IX appointed 60 Notaires at Le Châtelet who worked on behalf of the Provost. King Philippe le Bel extended the role of the Notaire to all the lands governed by the sovereign.

From the Ordinance of Villers-Cotterêts to the age of "enlightenment" 
France became a nation in the 16th century. In 1539 King Francois Ier, by ordinance of Villers-Cotterêts prefigured how the civil law notary was to be organised : the instruments were to be written in French instead of regional dialects, the instruments were to be archived and a record their existence was to be kept.

In 1597, King Henri IV made the Notaires keepers of the Seal of State.

French Revolution and 19th century 
The French Revolution did not challenge the notarial institution, but during the final phase of the Consulate, life-consul Napoleon Bonaparte, under an Act dated 25 Ventôse year XI by the revolutionary calendar , gave Notaires a status the main features of which have remained unchanged.

The 20th century 
At the end of the greatest war in history, the Order dated 2 November 1945 gave Notaires their institutional bodies and founded the High Council of French Notariat (Conseil supérieur du notariat). 
The Notaire's profession considerably developed since this period, made particularly vital by the need to rebuild France after World War II. The civil law notary has made a major contribution to this rebuilding in the legal and taxfields.

The legal profession experienced dramatic expansion after the War as politicians reformed most of France's institutions or created new institutions in many different fields. 
At the same time as these developments, town-planning regulations underwent dozens of one-off changes and two new areas of law emerged: that of protection of consumer rights and that of environmental protection.

In short, the law has seen more changes in the last half-century or less than it underwent in the previous one hundred and fifty years. However, by investing significant technical and financial resources, the civil law notary has managed to cope with and adapt to all these changes.

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Scrivener Notaries

Posted 13/3/2012

Notarial Profession

England & Wales

Notaries are specialised lawyers who prepare, authenticate and keep records of the due execution of legal documents.

The office derives from Roman law and the Civil law tradition. In England and Wales, where solicitors and barristers form the predominant part of the legal profession, the particular function of notaries is to verify documents for use abroad.

It is because the notary's role is to authenticate or verify legal documents that he is completely impartial and his first duty is not simply to his client but to all who place reliance on his notarial acts and certificates.

As in England a notary's acts are normally to be used abroad, his training is in foreign laws as well as English law and his role is to act as a bridge between the English legal system and other foreign systems of law.

Scrivener Notaries have particular expertise in preparing notarial acts in foreign languages and in accordance with the laws prevailing in foreign countries.

 

History of Notaries

The office of Notary Public has its origin in Roman times. Notaries were originally scribes or copiers, but developed into a learned profession, respected for their knowledge of technical matters. Notaries were often attached to the court and prepared and engrossed deeds and other legal documents, which were then sealed under the seal of the court and thus rendered "public acts". Eventually, notaries were granted the right to use their own official seals to give their acts "public" status. Throughout Europe, but not in England, it became a requirement that many documents, for matters such as the transfer of land or property on death, should be in this public form (i.e. verified and recorded by a notary) as a pre-condition for their validity.

In England, in contrast, notaries were used primarily to verify and certify documents to enable them to be used abroad, in those countries where notarial certification was normally required for important transactions.

Since 1279, when the Pope delegated the power, or faculty, to appoint notaries to the Archbishop of Canterbury, all notaries in England have been appointed through his Court of Faculties. The President of the Court of Faculties is a judge of the High Court and is known as the Master of the Faculties. The Courts and Legal Services Act 1990 expressly preserved the jurisdiction of the Court of Faculties over notaries and, in particular, the powers of the Master of the Faculties to make rules for the education and training of notaries.

Scrivener Notaries

There are about 1,000 qualified notaries in England and Wales, the vast majority of whom are primarily solicitors who practise additionally as notaries.

Scrivener Notaries form a small and more specialised branch of the profession, which for historical reasons exists only in London. Here, in the main centre for international legal and commercial activity, the need arose – and continues – for a more specialised and highly trained body of notaries. All notaries practising in Scrivener firms such as Saville & Co. practise exclusively as notaries and have additional qualifications in languages and notarial practice: each Scrivener Notary has passed exams in two foreign languages as well as the law of a foreign jurisdiction, as it relates to notarial practice, usually having spent up to a year abroad to gain in-depth knowledge and experience of the particular foreign legal system. They are therefore highly professional and experienced in all aspects of notarial practice and are competent to deal with documents intended for use anywhere in the world.

Scrivener Notaries are members of The Scriveners' Company, an active livery company in the City of London. As the body in charge of the training and admission of Scrivener notaries, it remains today one of the few Livery Companies having direct control over the profession of its members, a control which it has maintained at least since 1373.

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Ireland ratifies the Hague Adoption Convention 1 November 2010

Posted 1/11/2010

Ireland Ratifies the Hague Adoption Convention


Ireland ratified the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption ( Hague Adoption Convention ) and established the new Adoption Authority of Ireland with the enactment of the Adoption Act 2010. The Hague Adoption Convention entered into force for Ireland on November 1, 2010.
Prospective adoptive parents residing in Ireland who wish to adopt from another Hague Convention country, including the United States, after November 1, 2010 should contact the Adoption Authority of Ireland to learn about the Hague Convention requirements.
Adoption Authority of Ireland
Telephone from Ireland: 01-2309300
Telephone from U.S.: 011-353-1-2309300
Email: info@aai.gov.ie
Website: www.aai.gov.ie
Ireland is considered to be a receiving country, rather than a country of origin of children adopted through intercountry adoption. Only one Irish orphan has been adopted by a U.S. citizen during the past five years.

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