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25 AOUT 2012. - Act to approve the European Convention on the Adoption of Children (Revised), made in Strasbourg on 27 November 2008 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The European Convention on the Adoption of Children (Revised), made in Strasbourg on 27 November 2008, will emerge its full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Split, August 25, 2012.
ALBERT
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS
The Minister of Justice,
Ms. A. TURTELBOOM
Seen and sealed the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Session 2011-2012.
Senate.
Documents. - Bill tabled on 19/03/2012, No. 5-1542/1. Report on behalf of the Commission, No. 5-1542/2.
Annales parliamentarians. - Discussion and voting. Session of 07/06/2012.
Room.
Documents. - Project transmitted by the Senate, No. 53-2248/1. - Report made on behalf of the Commission, No. 53-2248/2. - Text adopted in plenary and subject to Royal Assent, No. 53-2248/3.
Annales parliamentarians. - Discussion and voting. Session of 05/07/2012.
(2) See Decree of the Flemish Community of 14 March 2014 (Moniteur belge of 17 April 2014 (Ed.2)), Decree of the French Community of 27 February 2014 (Moniteur belge of 25 April 2014), Decree of the German-speaking Community of 14 October 2013) (Moniteur belge of 6 December 2013 (Ed.2)), Order of the Joint Community Commission of 26 February 2015 (Moniteur belge du 3 mars 2015).

European Convention on the Adoption of Children (Revised)
Preamble
Member States of the Council of Europe and other signatories to this Convention,
Considering that the purpose of the Council of Europe is to achieve a closer union between its members in order to safeguard and promote the ideals and principles of their common heritage;
Considering that, while the institution of adoption of children exists in the legislation of all Council of Europe member States, there are still differing views in these countries on the principles that should govern adoption, as well as differences in the adoption procedure and the legal effects of adoption;
Taking into account the United Nations Convention on the Rights of the Child of 20 November 1989 and, in particular, article 21 thereof;
Taking into account the Hague Convention of 29 May 1993 on Protection of Children and Cooperation in Respect of Intercountry Adoption;
Taking note of Recommendation 1443 (2000) of the Parliamentary Assembly of the Council of Europe entitled "For respect for the rights of the child in international adoption" and the Council of Europe White Paper on the principles relating to the establishment and legal consequences of the filiation link;
Recognizing that certain provisions of the European Convention concerning the Adoption of Children of 1967 (STE No. 58) are exceeded and incompatible with the jurisprudence of the European Court of Human Rights;
Acknowledging that the European Convention of 25 January 1996 on the Exercise of the Rights of Children (STE No. 160) and the jurisprudence of the European Court of Human Rights have made improvements regarding the participation of the child in the family proceedings affecting him;
Considering that the acceptance of common revised principles and practices with regard to the adoption of children, which take into account developments in this area over the past few decades, would help to address the difficulties caused by the differences between their domestic rights and, at the same time, to promote the interests of adopted children;
Convinced of the need for a revised international instrument on the adoption of children of the Council of Europe, which would, in particular, be a useful complement to the 1993 Hague Convention;
Recognizing that the best interests of the child must always prevail over any other consideration,
The following agreed:
PART I^er. - Scope of application
of the Convention and its principles
Article 1^er - Scope of the Convention
1. This Convention concerns the adoption of a child who, at the time the adopter requests to adopt it, has not reached the age of eighteen years, is not or has not been married, has not or had not entered into a registered partnership and has not reached the majority.
2. This Convention applies only to the legal institutions of adoption that establish a filiation link.
Article 2 - Implementation of the principles
Each State Party shall adopt such legislative or other measures as may be necessary to ensure compliance with the provisions of this Convention and shall notify the Secretary-General of the Council of Europe of the measures taken to that end.
PART II. - General principles
Article 3 - Validity of adoption
Adoption is valid only if it is pronounced by a court or administrative authority (hereinafter the "competent authority").
Article 4 - Adoption proceedings
1. The competent authority shall only pronounce the adoption if it has acquired the conviction that adoption is in accordance with the best interests of the child.
2. In each case, the competent authority attaches particular importance to what adoption brings to the child a stable and harmonious home.
Article 5 - Consents to adoption
1. Subject to paragraphs 2 to 5 of this Article, adoption shall be effected only if at least the following consents have been given and have not been withdrawn:
(a) the consent of the mother and the father; or, if there is no father or mother who may consent, the consent of any person or body that is entitled to consent in place of the parents;
(b) the consent of the child under the law to have sufficient discernment; a child is considered to have sufficient discernment when he has reached the age prescribed by law, which must not exceed fourteen years;
(c) the consent of the spouse or registered partner of the opponent.
2. Persons whose consent is required for adoption must be surrounded by the necessary and duly informed advice on the consequences of their consent, in particular on the maintenance or rupture, due to adoption, of the legal ties between the child and his or her original family. This consent must be given freely in the required legal form, and must be given or recognized in writing.
3. The competent authority shall not exempt itself from consent or shall not consent to any of the persons or organizations referred to in paragraph 1^erotherwise for exceptional reasons determined by law. However, it is permissible to dispense with the consent of a child with a disability that prevents him from expressing valid consent.
4. If the father or mother does not hold parental responsibility to the child, or in any case the right to consent to adoption, the legislation may provide that his or her consent will not be required.
5. The mother's consent to the adoption of her child is valid only when it is given after the birth, at the expiry of the time limit prescribed by the law, which must not be less than six weeks or, if it is not specified, at the time when, in the opinion of the competent authority, the mother could have recovered enough from the outcome of the birth.
6. In this Convention, "father" and "mother" means persons who, within the meaning of the legislation, are the parents of the child.
Article 6 - Consultation of the Child
If, under section 5, paragraphs 1^er and 3, it is not necessary to obtain the consent of the child, the child is consulted to the extent possible and his or her opinion and wishes are taken into consideration in the light of his or her maturity. It is possible to dispense from this consultation if it is manifestly contrary to the best interests of the child.
Article 7 - Conditions of Adoption
1. Legislation allows the adoption of a child:
(a) by two different sex persons
(i) married together or,
(ii) where such an institution exists, which has entered into a registered partnership;
(b) by one person.
2. States may extend the scope of this Convention to married homosexual couples or have entered into a registered partnership together. They also have the opportunity to extend the scope of this Convention to heterosexual and homosexual couples living together in a stable relationship.
Article 8 - Possibility of a new adoption
Legislation allows for a new adoption of a child already adopted only in one or more of the following cases:
(a) in the case of an adoptive child of the spouse or registered partner of the adopter;
(b) where the previous adopter died;
(c) when the previous adoption is cancelled;
(d) where the previous adoption has ended or is thus terminated;
(e) where the new adoption is justified on serious grounds and the legislation does not allow the previous adoption to cease.
Article 9 - Minimum age of the opponent
1. A child may only be adopted if the adopter has attained the minimum age prescribed by the law for that purpose, since the minimum age is not less than eighteen years or more than thirty years. There must be an appropriate age difference between the adopter and the child, given the best interests of the child, this difference should preferably be at least sixteen years.
2. However, legislation may provide for the possibility of derogating from the minimum age or age difference in the best interests of the child:
(a) if the opponent is the spouse or registered partner of the father or mother of the child; or
(b) due to exceptional circumstances.
Article 10 - Pre-trial investigations
1. The competent authority shall make an adoption only after the conduct of appropriate investigations concerning the opponent, the child and his or her family. During these investigations and thereafter, data can only be collected, processed and communicated in accordance with the rules relating to professional secrecy and personal data protection.
2. Investigations, to the extent appropriate to each case, shall include as much as possible and, inter alia, the following:
(a) the personality, health and social environment of the adopter, his family life and the installation of his home, his ability to raise the child;
(b) the reasons why the adopter wishes to adopt the child;
(c) the reasons for which, where only one of the two registered spouses or partners requests to adopt the child, the other does not associate with the application;
(d) the reciprocal adaptation of the child and the adopter, and the period during which the child was entrusted to his care;
(e) the personality, health and social environment, and, subject to legal restrictions, the family environment and the civil status of the child;
(f) the ethnic, religious and cultural origins of the opponent and the child.
3. Such investigations shall be carried out by law or by a competent authority to a person or body recognized or authorized to do so. They are, as far as possible, carried out by qualified social workers in this area, through their training or experience.
4. The provisions of this Article shall not affect the power or obligation of the competent authority to obtain any information or evidence, whether or not within the scope of such investigations, and shall consider it to be useful.
5. The investigation of the legal capacity and the ability to adopt, the situation and motivations of the persons concerned, and the appropriateness of the placement of the child, is carried out before the child is entrusted to adopt the child in the care of the future adopter.
Article 11 - Effects of adoption
1. When adopted, the child becomes a full member of the family of the adopter or adopters and has, in respect of the adopter or adopters and in respect of his or her family, the same rights and obligations as those of a child of the adopter or adopters whose filiation is legally established. The adopter or adopters assume parental responsibility for the child. The adoption puts an end to the legal link between the child and his father, mother and family of origin.
2. However, the spouse, registered partner or concubine of the adopter retains his or her rights and obligations to the adopted child if the child is his or her child, unless the legislation derogates from it.
3. With regard to the rupture of the legal link between the child and his or her family of origin, States Parties may provide for exceptions for matters such as the surname of the child, the impediments to marriage or the conclusion of a registered partnership.
4. States Parties may provide for provisions relating to other forms of adoption that have more limited effects than those mentioned in the preceding paragraphs of this Article.
Article 12 - Nationality of the adopted child
1. States Parties shall facilitate the acquisition of their nationality by a child adopted by one of their nationals.
2. The loss of nationality that could result from adoption is subject to the possession or acquisition of another nationality.
Article 13 - Prohibition of restrictions
1. The number of children that a single adopter can adopt is not limited by legislation.
2. Legislation cannot prohibit a person from adopting a child on the grounds that he or she has or could have a child.
Article 14 - Revocation and Cancellation of Adoption
1. Adoption may only be revoked or cancelled by a decision of the competent authority. The best interests of the child must always prevail over any other consideration.
2. Before the child reaches the majority, the revocation of the adoption can only take place on serious grounds provided for in the legislation.
3. The application for cancellation must be filed within a time limit set by law.
Article 15 - Request for information from another State Party
Where the investigation under Articles 4 and 10 of this Convention relates to a person who resides or resides in the territory of another State Party, that State Party shall endeavour to ensure that the information requested is provided without delay. Each State shall designate a national authority to which a request for information is addressed.
Article 16 - Filiation Procedures
In the event that a paternity procedure or, where it exists, a maternity procedure has been initiated by the presumed biological father or mother, the adoption procedure is, where warranted, suspended pending the completion of the filiation procedure. The competent authorities act expeditiously within the framework of the filiation procedure.
Article 17 - Prohibition of undue material gain
No one can unduly earn a financial or other gain from an activity in relation to the adoption of a child.
Article 18 - More favourable provisions
States Parties shall retain the power to adopt more favourable provisions for the adopted child.
Article 19 - Probatory period
States Parties shall have full discretion to require that the child be entrusted to the care of the adopter for a period sufficiently long before the adoption is pronounced so that the competent authority may reasonably appreciate the relationship between them if the adoption was pronounced. In this regard, the best interests of the child must prevail over any other consideration.
Article 20 - Adoption Consulting and Monitoring Services
The public authorities ensure the promotion and proper operation of adoption counselling and follow-up services to assist and guide future adopters, adopters and adopted children.
Article 21 - Training
States Parties shall ensure that social workers dealing with adoption receive appropriate training on the social and legal aspects of adoption.
Article 22 - Access to information and communication
1. Arrangements may be made so that an adoption may, if any, take place without revealing to the child's original family the identity of the opponent.
2. Arrangements are made to require or authorize the adoption process to take place in camera.
3. The adopted child has access to information held by the competent authorities regarding its origins. Where the parents of origin have the right not to disclose their identity, a competent authority must have the opportunity, to the extent permitted by law, to determine whether it is appropriate to deviate this right and to disclose information on the identity, in respect of the circumstances and the respective rights of the child and his or her parents of origin. An adopted child who has not yet reached the age of majority may receive appropriate advice.
4. The adopter and the adopted child may obtain documents containing excerpts from public registers attesting to the date and place of birth of the adopted child, but which do not expressly disclose the adoption or identity of the parents of origin. States Parties may choose not to apply this provision to other forms of adoption referred to in paragraph 4 of Article 11 of this Convention.
5. With regard to the right of a person to know his or her identity and origin, the relevant information relating to an adoption is collected and kept for at least fifty years after it has become final.
6. Public records are held or, at the very least, their reproduced content, in such a way that persons who do not have a legitimate interest cannot learn the adoption of a person or, if known, the identity of their parents of origin.
PART III. - Final clauses
Article 23 - Effects of the Convention
1. This Convention replaces the European Convention on the Adoption of Children, open for signature on 24 April 1967, for the States Parties thereto.
2. In the relations between a Party to this Convention and a Party to the 1967 Convention that has not ratified this Convention, Article 14 of the 1967 Convention continues to apply.
Article 24 - Signature, ratification and entry into force
1. This Convention is open for signature by the Member States of the Council of Europe and the non-member States that participated in its elaboration.
2. The Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval will be deposited with the Secretary General of the Council of Europe.
3. This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which three signatories have expressly agreed to be bound by the Convention, in accordance with the provisions of paragraph 2 of this Article.
4. For any State referred to in paragraph 1^er, which will subsequently expressly accept to be bound by the Convention, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of ratification, acceptance or approval.
Article 25 - Accession
1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consultation with the Parties, invite any non-member State of the Council of Europe having not participated in its preparation to accede to it, by a majority decision provided for in Article 20.d of the Statute of the Council of Europe, and unanimously by representatives of the States Parties having the right to sit on the Committee of Ministers.
2. For any acceding State, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of accession to the Secretary General of the Council of Europe.
Article 26 - Territorial application
1. Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Convention shall apply.
2. Any State Party may, at any time, by a declaration addressed to the Secretary-General of the Council of Europe, extend the application of this Convention to any other territory designated in the declaration and in which it provides international relations or on whose behalf it is authorized to make commitments. The Convention shall enter into force in respect of that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary-General.
3. Any declaration made under the preceding two paragraphs may be withdrawn, with respect to any territory designated in that declaration, by notification addressed to the Secretary General of the Council of Europe. The withdrawal shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of that notification by the Secretary-General.
Article 27 - Reservations
1. No reservation is allowed with respect to this Convention except with respect to the provisions of Article 5, paragraph 1^erArticle 7, paragraph 1 (b)^erParagraphs (a.ii and (b) and section 22, paragraph 3.
2. Any reservation made by a State under paragraph 1^er will be formulated at the time of signature or deposit of its instrument of ratification, acceptance, approval or accession.
3. Any State may withdraw in whole or in part a reservation made by it in accordance with paragraph 1^er by means of a statement addressed to the Secretary General of the Council of Europe that will take effect on the date of its receipt.
Article 28 - Notification of competent authorities
Each State Party shall notify the Secretary General of the Council of Europe of the name and address of the authority to which requests under Article 15 may be transmitted.
Article 29 - Denunciation
1. Any State Party may at any time denounce this Convention by sending a notification to the Secretary General of the Council of Europe.
2. This denunciation shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary-General.
Article 30 - Notifications
The Secretary General of the Council of Europe shall notify the States members of the Council of Europe, the non-member States that have participated in the elaboration of this Convention, any State Party and any State invited to accede to this Convention:
(a) any signature;
(b) any deposit of instruments of ratification, acceptance, approval or accession;
(c) any effective date of this Convention in accordance with Article 24;
(d) any notification received under the provisions of Article 2;
(e) any declaration received under the provisions of Article 7, paragraph 2, and Article 26, paragraphs 2 and 3;
(f) any reservation and withdrawal of reservation made under the provisions of Article 27;
(g) any notification received under the provisions of Article 28;
(h) any notification received under the provisions of Article 29 and the date on which the denunciation takes effect;
(i) any other act, notification or communication relating to this Convention.
In faith, the undersigned, duly authorized to do so, have signed this Convention.
Done in Strasbourg, 27 November 2008, in French and English, both texts being equally authentic, in a single copy which will be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies thereof to each Member State of the Council of Europe, to the non-member States that have participated in the elaboration of this Convention and to any other State invited to accede to this Convention.
LIST OF LIES


DECLARATIONS
"In accordance with Articles 15 and 28 of the Convention, Belgium declares that requests for information will be transmitted to the following authority:
Federal Public Service Justice
International Option Service
Boulevard de Waterloo 115
1000 Brussels
Tel. 00 32 2 542 75 72 or 32 2 542 71 61
Fax: 00 32 2 542 70 56
E-mail: adoption.int.adoptie@just.fgov.be"
"In accordance with articles 7, paragraph 2, and 30, e of the Convention, Belgium declares that under article 343 of its Civil Code, the term "adoptant" also applies to married homosexual couples or having made a declaration of legal cohabitation, as well as heterosexual and homosexual couples who have lived together permanently and emotionally for at least three years."