The States signatory to the present
Convention,
Recognising 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,
Recognising 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
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 recognised in international
law,
b
to establish a system of cooperation 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 may be necessary, and
c
have determined that the child is or will be
authorised 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 cooperate with each
other and promote cooperation 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 it
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.
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 authorised 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 authorised 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.
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 person 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 provide 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 recognised 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 recognise 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 recognised, 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 recognises 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 recognises 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 consent 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 person 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.
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
be public authorities of that State shall be construed as referring to those
authorised 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
person, 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 matter 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 expirations 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.
In whereof the undersigned, being duly authorised
thereto, have signed this Convention.
Done at The Hague, on the twenty-ninth day of May
1993, 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.