| The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (29 May 1993) |
INDEX
| Preamble | Chapter
III - Central Authorities and Accredited Bodies
Chapter IV -- Procedural Requirements in Intercountry Adoption |
Chapter VI -- General Provisions |
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The States signatory to the present Convention, Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding, Recalling that each State should take, as a matter of priority, appropriate measures to enable the child to remain in the care of his or her family of origin, Recognizing that intercountry adoption may offer the advantage of a permanent family to a child for whom a suitable family cannot be found in his or her State of origin, Convinced of the necessity to take measures to ensure that intercountry adoptions are made in the best interests of the child and with respect for his or her fundamental rights, and to prevent the abduction, the sale of, or traffic in children, Desiring to establish common provisions to this effect, taking into account the principles set forth in international instruments, in particular the United Nations Convention on the Rights of the Child, of 20 November 1989, and the United Nations Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally (General Assembly Resolution 41/85, of 3 December 1986), Have agreed upon the following provisions -
CHAPTER I - SCOPE OF THE CONVENTION The objects of the present Convention are -
(b) to establish a system of co-operation amongst Contracting States to ensure that those safeguards are respected and thereby prevent the abduction, the sale of, or traffic in children; (c) to secure the recognition in Contracting States of adoptions made in accordance with the Convention.
(2) The Convention covers only adoptions which create a permanent parent-child relationship. The Convention ceases to apply if the agreements mentioned in Article 17, sub-paragraph c, have not been given before the child attains the age of eighteen years.
CHAPTER II - REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS An adoption within the scope of the Convention shall take place only if the competent authorities of the State of origin -
(b) have determined, after possibilities for placement of the child within the State of origin have been given due consideration, that an intercountry adoption is in the child's best interests;
(2) such persons, institutions and authorities have given their consent freely, in the required legal form, and expressed or evidenced in writing, (3) the consents have not been induced by payment or compensation of any kind and have not been withdrawn, and (4) the consent of the mother, where required, has been given only after the birth of the child; and
(2) consideration has been given to the child's wishes and opinions, (3) the child's consent to the adoption, where such consent is required, has been given freely, in the required legal form, and expressed or evidenced in writing, and (4) such consent has not been induced by payment or compensation of any kind. An adoption within the scope of the Convention shall take place only if the competent authorities of the receiving State -
(b) have ensured that the prospective adoptive parents have been counselled as maybe necessary; and (c) have determined that the child is or will be authorized to enter and reside permanently in that State.
CHAPTER III - CENTRAL AUTHORITIES AND ACCREDITED BODIES
(2) Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one Central Authority and to specify the territorial or personal extent of their functions. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State.
Central Authorities
shall take, directly or through public authorities, all appropriate measures
to prevent improper financial or other gain in connection with an adoption
and to deter all practices contrary to the objects of the Convention.
Central Authorities shall take, directly or through public authorities or other bodies duly accredited in their State, all appropriate measures, in particular to -
(b) facilitate, follow and expedite proceedings with a view to obtaining the adoption; (c) promote the development of adoption counselling and post-adoption services in their States; (d) provide each other with general evaluation reports about experience with intercountry adoption; (e) reply, in so far as is permitted by the law of their State, to justified requests from other Central Authorities or public authorities for information about a particular adoption situation. Accreditation
shall only be granted to and maintained by bodies demonstrating their competence
to carry out properly the tasks with which they may be entrusted.
An accredited body shall -
(b) be directed and staffed by persons qualified by their ethical standards and by training or experience to work in the field of intercountry adoption; and (c) be subject to supervision by competent authorities of that State as to its composition, operation and financial situation. A body accredited
in one Contracting State may act in another Contracting State only if the
competent authorities of both States have authorized it to do so.
The designation of the Central Authorities and, where appropriate, the extent of their functions, as well as the names and addresses of the accredited bodies shall be communicated by each Contracting State to the Permanent Bureau of the Hague Conference on Private International Law.
CHAPTER IV -- PROCEDURAL REQUIREMENTS IN INTERCOUNTRY ADOPTION Persons habitually
resident in a Contracting State, who wish to adopt a child habitually resident
in another Contracting State, shall apply to the Central Authority in the
State of their habitual residence.
(2) It shall transmit the report to the Central Authority of the State of origin.
(b) give due consideration to the child's upbringing and to his or her ethnic, religious and cultural background; (c) ensure that consents have been obtained in accordance with Article 4; and (d) determine, on the basis in particular of the reports relating to the child and the prospective adoptive parents, whether the envisaged placement is in the best interests of the child. Any decision in the State of origin that a child should be entrusted to prospective adoptive parents may only be made if --
(b) the Central Authority of the receiving State has approved such decision, where such approval is required by the law of that State or by the Central Authority of the State of origin; (c) the Central Authorities of both States have agreed that the adoption may proceed; and (d) it has been determined, in accordance with Article 5, that the prospective adoptive parents are eligible and suited to adopt and that the child is or will be authorized to enter and reside permanently in the receiving State. The Central
Authorities of both States shall take all necessary steps to obtain permission
for the child to leave the State of origin and to enter and reside permanently
in the receiving State.
(2) The Central Authorities of both States shall ensure that this transfer takes place in secure and appropriate circumstances and, if possible, in the company of the adoptive or prospective adoptive parents. (3) If the transfer of the child does not take place, the reports referred to in Articles 15 and 16 are to be sent back to the authorities who forwarded them. The Central
Authorities shall keep each other informed about the adoption process and
the measures taken to complete it, as well as about the progress of the
placement if a probationary period is required.
(b) in consultation with the Central Authority of the State of origin, to arrange without delay a new placement of the child with a view to adoption or, if this is not appropriate, to arrange alternative long-term care; an adoption shall not take place until the Central Authority of the State of origin has been duly informed concerning the new prospective adoptive parents; (c) as a last resort, to arrange the return of the child, if his or her interests so require.
(2) Any Contracting State may declare to the depositary of the Convention that the functions of the Central Authority under Articles 15 to 21 may be performed in that State, to the extent permitted by the law and subject to the supervision of the competent authorities of that State, also by bodies or persons who --
(b) are qualified by their ethical standards and by training or experience to work in the field of intercountry adoption. (4) Any Contracting State may declare to the depositary of the Convention that adoptions of children habitually resident in its territory may only take place if the functions of the Central Authorities are performed in accordance with paragraph 1. (5) Notwithstanding any declaration made under paragraph 2, the reports provided for in Articles 15 and 16 shall, in every case, be prepared under the responsibility of the Central Authority or other authorities or bodies in accordance with paragraph 1.
CHAPTER V -- RECOGNITION AND EFFECTS OF THE ADOPTION
(2) Each Contracting State shall, at the time of signature, ratification, acceptance, approval or accession, notify the depositary of the Convention of the identity and the functions of the authority or the authorities which, in that State, are competent to make the certification. It shall also notify the depositary of any modification in the designation of these authorities. The recognition
of an adoption may be refused in a Contracting State only if the adoption
is manifestly contrary to its public policy, taking into account the best
interests of the child.
Any Contracting
State may declare to the depositary of the Convention that it will not
be bound under this Convention to recognize adoptions made in accordance
with an agreement concluded by application of Article
39, paragraph 2.
(b) parental responsibility of the adoptive parents for the child; (c) the termination of a pre-existing legal relationship between the child and his or her mother and father, if the adoption has this effect in the Contracting State where it was made. (3) The preceding paragraphs shall not prejudice the application of any provision more favourable for the child, in force in the Contracting State which recognizes the adoption.
(b) if the consents referred to in Article 4, sub-paragraphs c and d , have been or are given for the purpose of such an adoption.
CHAPTER VI -- GENERAL PROVISIONS The Convention
does not affect any law of a State of origin which requires that the adoption
of a child habitually resident within that State take place in that State
or which prohibits the child's placement in, or transfer to, the receiving
State prior to adoption.
There shall
be no contact between the prospective adoptive parents and the child's
parents or any other person who has care of the child until the requirements
of Article 4, sub-paragraphs a to c, and Article
5, sub-paragraph a, have been met, unless the adoption takes place
within a family or unless the contact is in compliance with the conditions
established by the competent authority of the State of origin.
(2) They shall ensure that the child or his or her representative has access to such information, under appropriate guidance, in so far as is permitted by the law of that State. Without prejudice
to Article 30, personal data gathered or transmitted
under the Convention, especially data referred to in Articles 15 and 16,
shall be used only for the purposes for which they were gathered or transmitted.
(2) Only costs and expenses, including reasonable professional fees of persons involved in the adoption, may be charged or paid. (3) The directors, administrators and employees of bodies involved in an adoption shall not receive remuneration which is unreasonably high in relation to services rendered. A competent
authority which finds that any provision of the Convention has not been
respected or that there is a serious risk that it may not be respected,
shall immediately inform the Central Authority of its State. This Central
Authority shall be responsible for ensuring that appropriate measures are
taken.
If the competent
authority of the State of destination of a document so requests, a translation
certified as being in conformity with the original must be furnished. Unless
otherwise provided, the costs of such translation are to be borne by the
prospective adoptive parents.
The competent
authorities of the Contracting States shall act expeditiously in the process
of adoption.
In relation to a State which has two or more systems of law with regard to adoption applicable in different territorial units --
(b) any reference to the law of that State shall be construed as referring to the law in force in the relevant territorial unit; (c) any reference to the competent authorities or to the public authorities of that State shall be construed as referring to those authorized to act in the relevant territorial unit; (d) any reference to the accredited bodies of that State shall be construed as referring to bodies accredited in the relevant territorial unit. In relation
to a State which with regard to adoption has two or more systems of law
applicable to different categories of persons, any reference to the law
of that State shall be construed as referring to the legal system specified
by the law of that State.
A State within
which different territorial units have their own rules of law in respect
of adoption shall not be bound to apply the Convention where a State with
a unified system of law would not be bound to do so.
(2) Any Contracting State may enter into agreements with one or more other Contracting States, with a view to improving the application of the Convention in their mutual relations. These agreements may derogate only from the provisions of Articles 14 to 16 and 18 to 21. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention. No reservation
to the Convention shall be permitted.
The Convention
shall apply in every case where an application pursuant to Article
14 has been received after the Convention has entered into force in
the receiving State and the State of origin.
The Secretary General of the Hague Conference on Private International Law shall at regular intervals convene a Special Commission in order to review the practical operation of the Convention.
CHAPTER VII -- FINAL CLAUSES
(2) It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.
(2) The instrument of accession shall be deposited with the depositary. (3) Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the six months after the receipt of the notification referred to in sub-paragraph b of Article 48. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.
(2) Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies. (3) If a State makes no declaration under this Article, the Convention is to extend to all territorial units of that State.
(2) Thereafter the Convention shall enter into force --
(b) for a territorial unit to which the Convention has been extended in conformity with Article 45, on the first day of the month following the expiration of three months after the notification referred to in that Article.
(2) The denunciation takes effect on the first day of the month following the expiration of twelve months after the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation takes effect upon the expiration of such longer period after the notification is received by the depositary. The depositary shall notify the States Members of the Hague Conference on Private International Law, the other States which participated in the Seventeenth Session and the States which have acceded in accordance with Article 44, of the following --
(b) the accessions and objections raised to accessions referred to in Article 44; (c) the date on which the Convention enters into force in accordance with Article 46; (d) the declarations and designations referred to in Articles 22, 23, 25 and 45; (e) the agreements referred to in Article 39; (f) the denunciations referred to in Article 47. Done at The Hague, on the ____ day of ____ 19___, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Seventeenth Session and to each of the other States which participated in that Session.
ADDITIONAL LINKS AND INFORMATION Read the Bastard Nation Hague position paper Information on US Hague ratification (S682 and HR2909), amendments, and bill status |
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