Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption

 

Article 34

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.

Article 35

The competent authorities of the Contracting States shall act
expeditiously in the process of adoption.

Article 36

In relation to a State which has two or more systems of law with regard
to adoption applicable in different territorial units —

a any reference to habitual residence in that State shall be construed
as referring to habitual residence in a territorial unit of that State;

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.

Article 37

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.

Article 38

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.

Article 39

1 The Convention does not affect any international instrument to which
Contracting States are Parties and which contains provisions on matters
governed by the Convention, unless a contrary declaration is made by the
States Parties to such instrument.

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.

Article 40

No reservation to the Convention shall be permitted.

Article 41

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.

Article 42

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

Article 43

1 The Convention shall be open for signature by the States which were
Members of the Hague Conference on Private International Law at the time
of its Seventeenth Session and by the other States which participated in
that Session.

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.

Article 44

1 Any other State may accede to the Convention after it has entered
into force in accordance with Article 46, paragraph 1.

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.

Article 45

1 If a State has two or more territorial units in which different
systems of law are applicable in relation to matters dealt with in the
Convention, it may at the time of signature, ratification, acceptance,
approval or accession declare that this Convention shall extend to all
its territorial units or only to one or more of them and may modify this
declaration by submitting another declaration at any time.

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.

Article 46

1 The Convention shall enter into force on the first day of the month
following the expiration of three months after the deposit of the third
instrument of ratification, acceptance or approval referred to in Article
43.

2 Thereafter the Convention shall enter into force —

a for each State ratifying, accepting or approving it subsequently, or
acceding to it, on the first day of the month following the expiration of
three months after the deposit of its instrument of ratification,
acceptance, approval or accession;

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.

Article 47

1 A State Party to the Convention may denounce it by a notification in
writing addressed to the depositary.

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.

Article 48

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 —

a the signatures, ratifications, acceptances and approvals referred to
in Article 43;

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.

Author: international

Mentioned in these Entries

Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption, Hague Conference on Private International Law, Private International Law.