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Infants Ordinance 1961 - Notice to Establish the Adoption Agency Code of Conduct 2006

SAMOA

S.R. 2006/3

INFANTS ORDINANCE 1961 (Section 9A(4) - NOTICE
TO ESTABLISH THE ADOPTION AGENCY CODE OF
CONDUCT

I, MALIETOA TANUMAFILI II, Head of State of the Independent State of Samoa, acting on the advice of Cabinet under section 9A(4) of the Infants Ordinance 1961 (the Ordinance), HEREBY ESTABLISH the following Adoption Agency Code of Conduct (Code of Conduct) for the purpose of regulating the actions and conduct of adoption agencies in Samoa:

ADOPTION AGENCY CODE OF CONDUCT, SAMOA

For the purposes of this Code of Conduct,

"Adoption Agency" means any person or body corporate or agency and other body (whether incorporated or otherwise) which acts as or calls themselves as an adoption agency or:

(a) engages in, or

(b) makes arrangements for; or

(c) assists with; or

(d) facilitates; or

(e) holds themselves out as acting as an adoption agency or engaging in or making arrangements for or assisting with or facilitating,

the adoption of children in Samoa or elsewhere, whether for reward or any other reason. (Section 2 Infants Ordinance 1961)

"Guardian" means any person having legal or other authority over a child other than a birth parent or adoptive parent.

Each Adoption Agency:

1. Ethical conduct
Shall maintain the highest standards of professional and ethical conduct and ensure that the best interests of the child remain paramount throughout any applications or procedures for adoption. The Agency and all its agents, representatives, advisors and staff shall be honest, responsible and act at all times with the highest integrity and diligence.

2. Representation
Shall not act for more than one party in the same application for an adoption order or matter without the prior informed and written consent of both or all parties. An Agency shall not purport to represent both the prospective adopting parent(s) and one or both birth parents or guardian of a child subject to an adoption, where a conflict of interest is likely to arise.

3. Misrepresentation
Shall actively discourage and take specific steps to reduce the risk of any misrepresentation being made to birth parents, guardians and adoptive parents concerning the legal effect of the adoption and the future rights of both parties, or any matter relating to the adoption process or the adoptive child.

4. Establishment of Agency
Shall be established in accordance with the relevant laws in Samoa and be familiar with and comply with the law regulating adoptions in Samoa, any international Conventions relevant to regulating adoptions in Samoa and any other applicable law in Samoa.

5. Agency personnel
Shall not employ any person or approve any agent to be involved with the Agency unless such person or agent's background has been checked against, including but not limited to a police record clearance and unethical adoption practices. An Agency will not employ a person or agent with any criminal record but particularly involving convictions for fraud or violence in Samoa or elsewhere.

An Agency shall not employ a person or agent whom the agency has reason to believe to have been previously engaged in unethical adoption practices.

6. Operations outside Samoa
Shall provide acceptable references and reports from official agencies or government, where the Agency operates or is registered in any place outside Samoa.

7. Legal rights of clients
Shall ensure that the Agency's clients are aware of their full legal rights and obligations in the adoption process.

8. Disclosure of information
Shall disclose relevant information to all parties with an interest in the adoption proceedings. Where the adoption is an overseas adoption under the Ordinance, the Agency shall provide such information and assistance as the Attorney General may require from time to time enabling the Attorney General to discharge the statutory requirements under the Ordinance.

9. Consent of birth parent/s
Shall obtain the consent of the parent, parents or legal guardian of the proposed adopted child to the order of adoption except where the Court dispenses of such consent.

10. Duty to investigate
Shall be under a duty to investigate and confirm representations made to the Agency by prospective birth parents and prospective adopting parents if the Agency believes or has reason to believe that such representation is false. Under all other circumstances, an Agency may ethically rely upon representations made by parties to an adoption.

11. Legal consequences of the adoption
Shall ensure that the prospective birth parents and prospective adopting parents understand fully the consequences of the following Court orders:

(a) an adoption order;

(b) a variation of an adoption order; and

(c) a discharge of an adoption order.

12. Compliance with court orders
Shall comply with all Court orders resulting from adoption proceedings in which the Agency is directly or indirectly involved.

13. Payment for service fees
Shall ensure that the Agency's fee arrangement with each client is carefully explained and fully understood by the client at the time the Agency accepts employment by an adoption client, and the fee agreement shall be in writing, wherever practicable.

14. Financial gain by birth parent/s
Shall not assist or cooperate in any adoption in which the Agency has reason to believe that the birth parent or parents are being paid, or given anything of value, in exchange for the adoption or for cooperation with the adoption of his or her child, without first making full disclosure to the District Court of Samoa.

15. Abandonment of children
Shall not facilitate the abandonment of children by providing a place or facility where parents leave their child or children who are then the subject of adoption proceedings.

16. Advertising
Shall not make false or misleading claims in advertisements, nor shall an Agency include client testimonials in such advertising. An Agency shall not advertise in a manner which is unprofessional including, but not limited to, advertising by television or radio, or on buses or on bus benches, or on billboards.

17. Liability
Shall be severally and jointly responsible for their actions in the process of adoption proceedings.

GIVEN under my hand on this 7^th day of March 2006.

signed:

.............................
(Malietoa Tanumafili II)
HEAD OF STATE