Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption 3

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

 

Article 22

1 The functions of a Central Authority under this Chapter may be
performed by public authorities or by bodies accredited under Chapter
III, to the extent permitted by the law of its State.

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 —

a meet the requirements of integrity, professional competence,
experience and accountability of that State; and

b are qualified by their ethical standards and by training or
experience to work in the field of intercountry adoption.

3 A Contracting State which makes the declaration provided for in
paragraph 2 shall keep the Permanent Bureau of the Hague Conference on
Private International Law informed of the names and addresses of these
bodies and persons.

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

Article 23

1 An adoption certified by the competent authority of the State of the
adoption as having been made in accordance with the Convention shall be
recognized by operation of law in the other Contracting States. The
certificate shall specify when and by whom the agreements under Article
17, sub-paragraph c, were given.

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.

Article 24

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.

Article 25

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.

Article 26

1 The recognition of an adoption includes recognition of

a the legal parent-child relationship between the child and his or her
adoptive parents;

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.

2 In the case of an adoption having the effect of terminating a
pre-existing legal parent-child relationship, the child shall enjoy in
the receiving State, and in any other Contracting State where the
adoption is recognized, rights equivalent to those resulting from
adoptions having this effect in each such State.

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.

Article 27

1 Where an adoption granted in the State of origin does not have the
effect of terminating a pre-existing legal parent-child relationship, it
may, in the receiving State which recognizes the adoption under the
Convention, be converted into an adoption having such an effect —

a if the law of the receiving State so permits; and

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.

2 Article 23 applies to the decision converting the adoption.

CHAPTER VI — GENERAL PROVISIONS

Article 28

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.

Article 29

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.

Article 30

1 The competent authorities of a Contracting State shall ensure that
information held by them concerning the child’s origin, in particular
information concerning the identity of his or her parents, as well as the
medical history, is preserved.

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.

Article 31

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.

Article 32

1 No one shall derive improper financial or other gain from an activity
related to an intercountry adoption.

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.

Article 33

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.

 

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, Private International Law.

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