 | |
| |
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(a) to cause the child to be withdrawn from the prospective adoptive parents and to arrange temporary care; |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 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 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 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 compete t 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 the 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 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.
|
