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

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

 

CHAPTER I – SCOPE OF THE CONVENTION

Article 1

The objects of the present Convention are –

a to establish safeguards to ensure that intercountry adoptions take
place in the best interests of the child and with respect for his or her
fundamental rights as recognized in international law;

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.

Article 2

1 The Convention shall apply where a child habitually resident in one
Contracting State (‘the State of origin’) has been, is being, or is to be
moved to another Contracting State (‘the receiving State’) either after
his or her adoption in the State of origin by spouses or a person
habitually resident in the receiving State, or for the purposes of such
an adoption in the receiving State or in the State of origin.

2 The Convention covers only adoptions which create a permanent
parent-child relationship.

Article 3

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

Article 4

An adoption within the scope of the Convention shall take place only if
the competent authorities of the State of origin –

a have established that the child is adoptable;

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;

c have ensured that

(1) the persons, institutions and authorities whose consent is
necessary for adoption, have been counselled as may be necessary
and duly informed of the effects of their consent, in particular
whether or not an adoption will result in the termination of the
legal relationship between the child and his or her family of
origin,

(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

d have ensured, having regard to the age and degree of maturity of the
child, that

(1) he or she has been counselled and duly informed of the effects of
the adoption and of his or her consent to the adoption, where such
consent is required,

(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.

Article 5

An adoption within the scope of the Convention shall take place only if
the competent authorities of the receiving State –

a have determined that the prospective adoptive parents are eligible
and suited to adopt;

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

Article 6

1 A Contracting State shall designate a Central Authority to discharge
the duties which are imposed by the Convention upon such authorities.

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.

Article 7

1 Central Authorities shall co-operate with each other and promote
co-operation amongst the competent authorities in their States to protect
children and to achieve the other objects of the Convention.

2 They shall take directly all appropriate measures to –

a provide information as to the laws of their States concerning
adoption and other general information, such as statistics and standard
forms;

b keep one another informed about the operation of the Convention and,
as far as possible, eliminate any obstacles to its application.

Article 8

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.

Article 9

Central Authorities shall take, directly or through public authorities or
other bodies duly accredited in their State, all appropriate measures, in
particular to –

a collect, preserve and exchange information about the situation of the
child and the prospective adoptive parents, so far as is necessary to
complete the adoption;

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.

Article 10

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.

 

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 2, Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption 3, Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption 4, Human Rights conventions, International Conventions from 1991.

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