Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption 2

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

 

Article 11

An accredited body shall –

a pursue only non-profit objectives according to such conditions and
within such limits as may be established by the competent authorities of
the State of accreditation;

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.

Article 12

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.

Article 13

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

Article 14

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.

Article 15

1 If the Central Authority of the receiving State is satisfied that the
applicants are eligible and suited to adopt, it shall prepare a report
including information about their identity, eligibility and suitability
to adopt, background, family and medical history, social environment
reasons for adoption,ability to undertake an intercountry adoption, as
well as the characteristics of the children for whom they would be
qualified to care.

2 It shall transmit the report to the Central Authority of the State of
origin.

Article 16

1 If the Central Authority of the State of origin is satisfied that the
child is adoptable, it shall —

a prepare a report including information about his or her identity,
adoptability, background, social environment, family history, medical
history including that of the child’s family, and any special needs of
the child;

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.

2 It shall transmit to the Central Authority of the receiving State its
report on the child, proof that the necessary consents have been obtained
and the reasons for its determination on the placement, taking care not
to reveal the identity of the mother and the father if, in the State of
origin, these identities may not be disclosed.

Article 17

Any decision in the State of origin that a child should be entrusted to
prospective adoptive parents may only be made if —

a the Central Authority of that State has ensured that the prospective
adoptive parents agree;

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.

Article 18

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.

Article 19

1 The transfer of the child to the receiving State may only be carried
out if the requirements of Article 17 have been satisfied.

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.

Article 20

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.

Article 21

1 Where the adoption is to take place after the transfer of the child
to the receiving State and it appears to the Central Authority of that
State that the continued placement of the child with the prospective
adoptive parents is not in the child’s best interests, such Central
Authority shall take the measures necessary to protect the child, in
particular —

a to cause the child to be withdrawn from the prospective adoptive
parents and to arrange temporary care;

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 Having regard in particular to the age and degree of maturity of the
child, he or she shall be consulted and, where appropriate, his or her
consent obtained in relation to measures to be taken under this Article.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

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.

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