DISCUSSION OF ADOPTIONS OF THE eAPP, INCLUDING eREGISTERS Spanish experience on e-APP for Inter-country child adoptions

1. 4th International Forum on e-Notarization, e-Apostilles, and Digital Evidence 28 May through 30 May 2008, New Orleans, Louisiana, USA DISCUSSION OF ADOPTIONS OF THE eAPP, INCLUDING eREGISTERS Spanish experience on e-APP for Inter-country child adoptions Javier L. Parra. Secretario de Gobierno. Murcia Superior Court of Justice. Spain EU jl.parra@justicia.es

2. INDEX Spain & the Hague Apostille Convention 1961: Regional Superior Courts of Justice and Regional Notaries Associations Inter-country Adoptions in Spain Spain and electronic public documents: current legislation Implementation of e-APP in Murcia-Spain Practical ways of operations Screenshots Problems or challenges, just a question of...

3. Spain and the Hague Apostille Convention 1961: Competent Authorities • President of the regional Association of Notaries Public, (Decano del Colegio de Notarios) • Secretarios de Gobierno, (Regional representatives of Ministry of Justice posted in each Autonomous Community Superior Court of Justice, they have powers as judicial notaries and can issue judicial orders

4. What about inter-country Adoptions in Spain • Increasing inter-country requests in Spain • Competent authorities: Autonomous government • Process for an inter-country adoption

5. Inter-country Adoptions documents apostilled in Murcia • Request of adoptions: current scenario in Murcia Spain:

6. Spanish current legislation regarding electronic signature • Law 59/2003 on Electronic Signature • 3 levels: e-signature; advanced e-signature and recognized e-signature • It makes the recognized electronic signature the same as conventional signature • It provides to the electronic signature full evidential value, even for judicial purposes • Law 11/2007regarding with the electronic access to Public Servicesfor citizens • It promotes the using of electronic means before the Public Administration • No possibility to deny electronic forms

7. Implementation of e-APP in Murcia-Spainas a result of the collaboration between Murcia Autonomous Government and Murcia Superior Court of Justice • Steps: • June 2007 Adoption of a internal Court Management Administrative System: this IT tool relies on PDF format and provides electronic signature for all public documents issued by the Court of Justice • January 2008 First contacts with the Competent Authority at the Murcia Autonomous Government for implementing e-APP for cross border child adoptions • Update: • May 2008First e-APP with electronic signature • ¿July 2008? The e-Register is running at a Ministry of Justice website

8. e.REGISTER

9. Practical ways of operation of e-APP in Murcia-Spain • Option A: FROM PAPER TO ELECTRONIC FILE TO PAPER • Reception of the documentation in paper • We, as Competent Authority, scanned the public document for obtaining an electronic file of it • We verify and contrast the incoming public document signature with our digital signatures Journal-register • We create a PDF with the filled template and printed it • We issue a paper apostille with the digital pictures of the public document under the name and title of signatory of the Apostille • We give back the public document with the apostille to the requesting person or Entity

10. Practical ways of operation of e-APP in Murcia-Spain • Option B: FROM PAPER TO ELECTRONIC SIGNATURE • Reception of the public document in paper • We scanned the public document for obtaining a electronic file of it • We verify and contrast the incoming public document signature with our digital signatures Journal-register • We create a PDF with the digital pictures of the public document under the name and title of signatory of the Apostille and sign it with electronic signature • We give it back in electronic format to the public document to the requesting person or Entity

11. Practical ways of operation of e-APP in Murcia-Spain • Option C: FROM ELECTRONIC FORM TO e-APP • The competent Director General for adoptions of the Murcia Autonomous Government e-mail to us all public documents relative to an adoption (certificates and other official reports for a inter-country adoption). • The incoming public documents are signed with an recognizedelectronic signature • We verify the incoming public document electronic signature • We make the PDF aspostille and attached it to the public document and sign with our official electronic signature • We send back by e-mail the Public document wrapped with electronic apostille to the requesting Authority

12. Murcia IT Case management & e-APP Screenshots

14. THE PROCCESS OF ISSUING e-APOSTILLE UNDER e-APP AT MURCIA SUPERIOR COURT OF JUSTICE Option A: FROM PAPER TO ELECTRONIC FILE TO PAPER • Reception of the documentation in paper • We, as Competent Authority, scanned the public document for obtaining an electronic file of it

15. THE PROCCESS OF ISSUING e-APOSTILLE UNDER e-APP AT MURCIA SUPERIOR COURT OF JUSTICE 3. We verify and contrast the incoming public document signature with our digital signatures digital book-register

16. THE PROCCESS OF ISSUING e-APOSTILLE UNDER e-APP AT MURCIA SUPERIOR COURT OF JUSTICE • We, as Competent Authority, scanned the public document for obtaining a electronic file of it • We verify and contrast the incoming public document signature with our digital signatures digital book-register • We create a PDF with the filled template with the digital pictures of the public document under the name and title of signatory of the Apostille

17. THE PROCCESS OF ISSUING e-APOSTILLE UNDER e-APP AT MURCIA SUPERIOR COURT OF JUSTICE We make the PDF aspostille and attached it to the public document and sign with our official electronic signature

18. Murcia High Court of Justice e-ApostilleSAMPLE

19. Files with several documents and signatures IT state of play of the destination countries of e-APP Double channels? Previous agreement with competent authorities? Practical problems

20. Problems or challenges... JUST A QUESTION OF ATTITUDE THANK YOU VERY MUCH