Law Approving The Convention On Jurisdiction, Applicable Law, Recognition, Enforcement And Cooperation In Respect Of Parental Responsibility And Measures For The Protection Of Children, Done At The Hague On 19 October 1996 (1) (2

Original Language Title: Loi portant assentiment à la Convention concernant la compétence, la loi applicable, la reconnaissance, l'exécution et la coopération en matière de responsabilité parentale et de mesures de protection des enfants, faite à La Haye le 19 octobre 1996 (1) (2

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014015171&caller=list&article_lang=F&row_id=500&numero=559&pub_date=2014-08-22&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-08-22 Numac: 2014015171 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE 5 may 2014. -Law concerning consent to the Convention on jurisdiction, applicable law, recognition, execution and cooperation in parental responsibility and measures for the protection of children, done at the Hague October 19, 1996 (1) (2) (3) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the Convention on jurisdiction, applicable law, recognition, execution and cooperation in parental responsibility and measures for the protection of children, made at the Hague on 19 October 1996, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, may 5, 2014.
PHILIPPE by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Notes (1) Senate (www.senate.be): Documents: 5-2321 annals of the Senate: 13 February 2014.
House of representatives (www.lachambre.be): Documents: 53-3370.
Full report: March 13, 2014.
(2) see Decree of the Flemish community on 28 November 2008 (Moniteur belge of January 15, 2009), Decree of the French community of December 13, 2012 (Moniteur belge of 1 February 2013), Decree of the German-speaking community of March 28, 2011 (Moniteur belge of 29 April 2011), order of the common Community Commission of February 27, 2014 (Moniteur belge of April 2, 2014).
(3) bound States.

Convention on jurisdiction, applicable law, recognition, execution and cooperation in parental responsibility and measures for the protection of children (concluded on 19 October 1996) States signatory to the present Convention, whereas it is appropriate to strengthen the protection of children in international situations, wishing to avoid conflicts between their legal systems on jurisdiction , applicable law, recognition and enforcement of measures for the protection of children, recalling the importance of international cooperation for the protection of children, confirming that the best interests of the child must be a primary consideration, noting the need to revise the Convention of 5 October 1961 concerning the powers of authorities and the law applicable for the protection of minors, desiring to establish provisions common to this effect , taking into account the United Nations Convention on the rights of the child, of 20 November 1989, have agreed upon the following provisions: Chapter I - scope of the CONVENTION article 1.
1. this Convention is designed: a) to determine the State whose authorities have jurisdiction to take measures directed to the protection of the person or property of the child;
(b) to determine the applicable law by those authorities in the exercise of their jurisdiction;
(c) to determine the law applicable to parental responsibility;
(d) to ensure the recognition and enforcement of measures of protection in all Contracting States;
(e) to establish the necessary cooperation to the realization of the objectives of the Convention between the authorities of the Contracting States.
2. for the purposes of the Convention, the term 'parental responsibility' includes parental authority, or any other reports of similar authority determining the rights, powers and obligations of the parents, a guardian or other legal representative with respect to the person or property of the child.
S.
2. the Convention applies to children from their birth until they reach the age of 18.
S. 3. the measures provided for in article 1 may be including: a) the attribution, exercise, and the total or partial withdrawal of parental responsibility, as well as the delegation;
(b) rights of custody, including the law relating to the care of the person of the child, and in particular to decide his place of residence, and the right to visit, including the right to take the child for a limited period in one place other than that of habitual residence;
c) guardianship, curatorship and analogous institutions;
d) the designation and functions of any person or body to deal of the person or the child's property, representing or assisting;
e) placement of the child in a family home or in an institution, or his legal collection by kafala or an analogous institution;
f) the supervision by the public authorities of the care provided to the child by any person having charge of the child;
(g) the administration, conservation or the disposition of the property of the child.
S. 4. are excluded from the scope of the Convention: a) the establishment or contesting of filiation;
(b) the decision on the adoption and measures that prepare, as well as cancellation and revocation of adoption;
(c) the name and forenames of the child;
d) emancipation;
e) maintenance obligations;
f) trusts or succession;
(g) social security;
(h) public measures of a general nature in education and health);
i) measures taken as a result of criminal offences committed by children;
j) decisions on the right of asylum and on immigration.
Chapter II - jurisdiction article 5 1. The authorities, both judicial and administrative, of the Contracting State of the habitual residence of the child have jurisdiction to take measures directed to the protection of his person or his property.
2. subject to article 7, in case of change of the habitual residence of the child in another Contracting State, are competent authorities of the State of the new habitual residence.
S. 6 1. For refugee children and children who, as a result of disturbances occurring in their country, are internationally displaced, the authorities of the Contracting State on the territory of which these children are present because of their displacement have the jurisdiction provided for in paragraph 1 of article 5.
2. the provision of the preceding paragraph also applies to children whose habitual residence cannot be established.
S.
7 1. En_cas_de removal or wrongful retention of the child, the authorities of the Contracting State in which the child was habitually resident immediately before the removal or retention keep their jurisdiction until the time when the child has acquired a habitual residence in another State and that: has) any person, institution or other body having rights of custody has acquiesced in the removal or retention; or (b) the child has resided in that other State for a period of at least one year after the person, institution or other body having rights of custody has known or should have known the whereabouts of the child, no request for return filed during this period is still being examined, and the child is integrated in his new environment.
((2. the removal or the retention of the child is to be considered wrongful: a) when it is in breach of rights of custody attributed to a person, an institution or any other body, alone or jointly, by the law of the State in which the child was habitually resident immediately before the removal or retention, and b) that this right was exercised in an effective way alone or jointly, at the time of removal or retention, or would have been if such events occurred.
Custody under the letter a) may in particular result from assignment by operation of law, a judicial or administrative decision, or an existing agreement under the law of that State.
3. as long as the authorities mentioned in paragraph 1 keep their jurisdiction, the authorities of the Contracting State where the child has been removed or retained cannot take the urgent measures necessary for the protection of the person or property of the child, in accordance with article 11.
S. 8 1. As an exception, the competent authority of the Contracting State in accordance with articles 5 or 6, if it considers that the authority of another Contracting State would be better placed to assess in a particular case the best interests of the child, can - either request this authority, directly or with the assistance of the central authority of that State, to accept the jurisdiction to take protection measures which it deems necessary , - or stay the proceedings and request the parties to seize such a request the authority of that other State.
2. the Contracting States whose authority can be required or entered in the conditions laid down in the preceding paragraph are: a) a State whose child has nationality, b) a State in which are located on the property of the child,) c a State whose authority is seized of an application for divorce or legal separation of the parents of the child, or for annulment of their marriage (, d) a State with which the child has a substantial connection.
3. the authorities concerned may proceed to an exchange of views.
4. the authority required or seizure under the conditions laid down in paragraph 1 may accept jurisdiction, in place and place of the competent authority in accordance with articles 5 or 6, if it considers that this is the best interests of the child.
S. 9 1. The authorities of the Contracting States referred to in article 8, paragraph 2, if they consider that they

are best placed to assess in a particular case the best interests of the child, can - either request the competent authority of the Contracting State of the habitual residence of the child, directly or with the assistance of the central authority of that State, to allow them to exercise the jurisdiction to take measures of protection they consider necessary, - either invite the parties to introduce such a request before the authorities of the Contracting State of the habitual residence of the child.
2. the authorities concerned may proceed to an exchange of views.
3. the authority originally demand cannot exercise jurisdiction in place and place of the authority of the Contracting State of the habitual residence of the child only if this authority has accepted the request.
S. 10 1.
Without prejudice to articles 5 to 9, the authorities of a Contracting State, in the exercise of their jurisdiction to entertain an application for divorce or legal separation of the parents of a child residing in another Contracting State, or for annulment of their marriage, may take, if the law of their State permits, the measures for protection of the person or property of the child ((a) If, at the beginning of the procedure, one of the parents is usually in that State and that one of them has the responsibility for the child b) if the jurisdiction of these authorities to take such measures has been accepted by the parents, as well as by any other person having the responsibility for the child and if that jurisdiction is consistent with the best interests of the child.
2. the jurisdiction provided for in paragraph first to take measures for the protection of the child ceases therefore that the decision granting or refusing the application for divorce, separation of body or annulment of the marriage has become final or that the procedure has ended for another reason.
S. 11 1. In all cases of urgency, the authorities of each Contracting State on the territory of which lies the child or property belonging to him are competent to take the necessary protection measures.
2. the measures taken in pursuance of the preceding paragraph for a child having habitual residence in a Contracting State shall cease to have effect as soon as the competent authorities under articles 5 to 10 have taken the measures required by the situation.
3. measures taken pursuant to paragraph 1 for a child having habitual residence in a non-Contracting State shall cease to have effect in each Contracting State as soon as there are recognized the measures required by the situation, taken by the authorities of another State.
S. 12 1.
Subject to article 7, the authorities of a Contracting State in the territory of which lies the child or property belonging to him are competent to take measures for the protection of the person or property of the child, provisional and territorial efficiency restricted to that State, provided that such measures are not inconsistent with those already taken by the competent authorities under articles 5 to 10.
2. the measures taken in pursuance of the preceding paragraph for a child having habitual residence in a Contracting State shall cease to have effect as soon as the competent authorities under articles 5 to 10 have spoken on the measures that could require the situation.
3. measures taken pursuant to paragraph 1 for a child having habitual residence in a non-Contracting State shall cease to have effect in the Contracting State where they have been taken as soon as there are recognized the measures required by the situation, taken by the authorities of another State.
S. 13 1. The authorities of a Contracting State which have jurisdiction under articles 5 to 10 to take measures to protect the person or property of the child must abstain from deciding if, when the introduction of the procedure, corresponding measures have been requested from the authorities of another Contracting State so under articles 5 to 10 and are still under consideration.
2. the provision of the preceding paragraph does not apply if the authorities before which the request for measures was initially presented have waived their jurisdiction.
S. 14. the measures taken in application of articles 5 to 10 remain in force within the limits which are theirs, even if a change of circumstances has done away with the element on which was based the jurisdiction, as long as the competent authorities under the Convention do not have amended, replaced or thrown.
Chapter III - APPLICABLE law art. 15 1. In the exercise of the competence assigned to them by the provisions of chapter II, the authorities of the Contracting States apply their own law.
2. However, insofar as the protection of the person or property of the child requires, they may exceptionally apply or take into consideration the law of another State with which the situation has a close connection.
3. in the event of a change in the habitual residence of the child in another Contracting State, the law of that other State governs, from the moment when the change occurred, the conditions of application of the measures taken in the State of the former habitual residence.
S.
16 1. The attribution or extinction of right of parental responsibility, without intervention of a judicial or administrative authority, is governed by the law of the State of the habitual residence of the child.
2. the attribution or extinction of parental responsibility by an agreement or a unilateral act, without intervention of a judicial or administrative authority, is governed by the law of the State of the habitual residence of the child at the time when the agreement or unilateral act takes effect.
3 parental responsibility existing according to the law of the State of the child's habitual residence subsists after a change of that habitual residence in another State.
4. in the event of a change of the child's habitual residence, the attribution of right of parental responsibility to a person who is not already vested with this responsibility is governed by the law of the State of the new habitual residence.
S. 17. the exercise of parental responsibility is governed by the law of the State of the habitual residence of the child. A change in the habitual residence of the child, it is governed by the law of the State of the new habitual residence.
S. 18. the parental responsibility referred to in article 16 may be withdrawn or its operating conditions modified by measures taken in implementation of the Convention.
S. 19 1. The validity of an Act passed between a third party and another person who would be representative legal according to the law of the State where the Act was passed cannot be challenged, nor the third party liable, on the sole ground that the other person had no representative legal under the law designated by the provisions of this chapter unless the third party knew or ought to have known that the parental responsibility was governed by this law.
2. the preceding paragraph applies only where the Act was entered into between persons present on the territory of the same State.
S. 20. the provisions of this chapter apply even if the law designated by them is that of a non-Contracting State.
S. 21 1. For the purposes of this chapter, the term "law" means the law in force in a State other than its rules of conflict of laws.
2. However, if the law applicable pursuant to article 16 is that of a non-Contracting State and that conflict of that State rules designate the law of another non-Contracting State which would apply its own law, the law of that other State is applicable. If the law of that other non-Contracting State does not apply, the applicable law is that designated by article 16.
S. 22. the application of the law designated by the provisions of this chapter cannot be ruled out that if this application is manifestly contrary to public policy, taking into account the best interests of the child.
Chapter IV - recognition and enforcement article 23 1. The measures taken by the authorities of a Contracting State are recognised ipso jure in the other Contracting States.
(2. However, recognition may be refused: a) if the measure was taken by an authority whose jurisdiction was not based on a ground of jurisdiction provided for in chapter II;
(b) if the measure was taken, out of emergency situations, in the context of a judicial or administrative proceeding, without having given the child the opportunity to be heard, in violation of the fundamental principles of procedure of the requested State;
(c) at the request of any person claiming that this measure violates her parental responsibility, if this measure was taken, except in case of emergency, without having given to that person an opportunity to be heard;
(d) If recognition is manifestly contrary to the public policy of the requested State, taking into account the best interests of the child;
(e) if the measure is incompatible with a later measure in the non-Contracting State of the habitual residence of the child, when the latter fulfils the conditions necessary for its recognition in the requested State;
(f) if the procedure laid down in article 33 has not been complied.
S.
24. without prejudice to article 23, paragraph 1, any interested person may apply to the competent authorities of a Contracting State ruling on the recognition or non-recognition of a

measure taken in another Contracting State. The procedure is governed by the law of the requested State.
S.
25. the authority of the requested State is bound by the findings of fact on which the authority of the State that took the action based its jurisdiction.
S. 26 1. If measures taken in one Contracting State and which are enforceable have acts of enforcement in another Contracting State, they are, in that other State, declared enforceable or registered for the purpose of execution, at the request of any interested party, the procedure provided for by the law of that State.
2 each Contracting State shall apply to the declaration of enforceability or registration a simple and rapid procedure.
3. the declaration of enforceability or registration may be refused only for one of the grounds provided for in article 23, paragraph 2.
S. 27. subject to what is necessary for the purposes of the articles that precede, the authority of the requested State will undertake no review as to substance of the action.
S. 28. the measures taken in one Contracting State, which are declared enforceable or registered for the purpose of enforcement in another Contracting State, there are enforced as if they had been taken by the authorities of that other State. The implementation of the measures is done in accordance with the law of the requested State within the limits that are planned, taking into account the best interests of the child.
Chapter V – COOPERATION art. 29 1. Each Contracting State shall designate a central authority to comply with the obligations imposed by the Convention.
2. a federal State, a State in which several legal systems are in force or a State with autonomous territorial units is free to appoint more than one central authority and to specify the territorial or personal responsibilities extent. The State which makes use of this option means the central authority to which any communication may be addressed for transmission to the competent central authority within that State.
S. 30 1. The central authorities shall cooperate with each other and promote cooperation between the competent authorities in their States to achieve the objectives of the Convention.
2 in the context of the implementation of the Convention,. they take appropriate steps to provide information on their legislation, as well as on the services available in their State for the protection of the child.
S. (31 the central authority of a Contracting State takes either directly or with the assistance of public authorities or other bodies, all appropriate provisions for: has) facilitate the communications and offer the assistance provided for in articles 8 and 9 and in the present chapter;
(b) facilitate through mediation, conciliation or other similar fashion, with the settlement agreements on the protection of the person or property of the child, in situations to which applies the Convention;
(c) assist, at the request of a competent authority of another Contracting State, locate the child when it appears that it is present on the territory of the requested State and has need of protection.
S.
32. on request motivated the central authority or other authority of a State with which the child has a close connection, the central authority of the Contracting State in which the child was habitually resident and in which it is present may, either directly or with the assistance of public authorities or other bodies, has) provide a report on the situation of the child;
b) request the competent authority of its State to consider the need to take measures directed to the protection of the person or property of the child.
S. 33 1. Where the authority having jurisdiction under articles 5 to 10 contemplates the placement of the child in a foster family or in an institution, or its legal collection by kafala or an analogous institution, and this placement or this collection will take place in another Contracting State it shall first consult the central authority or other competent authority of the latter State. It shall communicate to that effect a report on the child and the reasons for its proposal on the placement or the collection.
2. the decision on the placement or the compendium can be taken in the requesting State only if the central authority or other competent authority of the requested State has approved this placement or this series, taking into account the best interests of the child.
S. 34 1. Where a measure of protection is contemplated, the competent authorities under the Convention may, if the situation of the child so requires, request any authority of another Contracting State which has information relevant to the protection of the child to disclose.
2. each Contracting State may declare that requests under paragraph 1 cannot be routed only through its central authority.
S.
35 1. The competent authorities of a Contracting State may request the authorities of another Contracting State to assist in the implementation of protection measures taken in implementation of the Convention, in particular to ensure the effective exercise of rights of access, and the right to maintain regular direct contacts.
2. the authorities of a Contracting State in which the child is not habitually resident may, at the request of a parent residing in that State and who wish to obtain or retain a right to visit, gather information or evidence and to decide on the suitability of that parent to exercise access and on the conditions in which it could exercise it. The authority having jurisdiction under articles 5 to 10 to decide on access must, before deciding, take into account such information, evidence or conclusions.
3. an authority having jurisdiction under articles 5 to 10 to decide on access may suspend the proceedings until the end of the procedure laid down in paragraph 2, including when it is seized with an application to modify or delete right of access conferred by the authorities of the State of the former habitual residence.
4. This article does not prevent an authority having jurisdiction under articles 5 to 10 of interim measures until the end of the procedure laid down in paragraph 2.
S. 36. in cases where the child is exposed to a serious danger, the competent authorities of the Contracting State in which the child protection measures have been taken or are in the process of being, if they are informed of the change of residence or the presence of the child in another State, shall notify the authorities of that State of this danger and the measures taken or under consideration.
S.
37. an authority cannot request or transmit information under this chapter if it is of the opinion that such a demand or transmission could endanger the person or property of the child, or constitute a serious threat to the liberty or life of a member of his family.
S.
38 1. Without prejudice to the possibility to claim reasonable costs corresponding to the services provided, central authorities and other public authorities of Contracting States shall their expenses arising from the application of the provisions of this chapter.
2. a Contracting State may enter into agreements with one or more other Contracting States on the apportionment of costs.
S.
39. any Contracting State may conclude with one or several other Contracting States of the agreements to promote in their mutual relations the application of the present chapter. The States which have concluded such agreements in will transmit a copy to the depositary of the Convention.
Chapter VI - General art. 40 1. The authorities of the Contracting State of the habitual residence of the child or of the Contracting State where a measure of protection has been taken may issue to the holder of parental responsibility or any person who is entrusted with the protection of the person or property of the child, at its request, a certificate indicating its quality and the powers conferred.
2. the quality and powers indicated in the certificate are required for established, unless evidence to the contrary.
3. each Contracting State shall designate the authorities empowered to issue the certificate.
S. 41. the personal data gathered or transmitted under the Convention cannot be used for purposes other than those for which they were gathered or transmitted.
S. 42. the authorities at which information is transmitted in ensure confidentiality in accordance with the law of their State.
S. 43. the documents transmitted or issued in implementation of the Convention are exempt from legalisation or any analogous formality.
S.
44 each Contracting State may designate the authorities to which requests under articles 8, 9 and 33 should be sent.
S. 45 1. The designations referred to in articles 29 and 44 shall be communicated to the Permanent Bureau of the Hague Conference on private international law.
2. the declaration referred to in article 34, paragraph 2, is made to the depositary of the Convention.
S.
46. a Contracting State where law systems or different sets of rules apply for the protection of the child and his property is not bound to apply the rules of the Convention to conflicts solely such different systems or sets of rules.
S. 47. in the view of a State in which two or more systems of law or sets of rules concerning matters governed by this Convention apply in different territorial units:

1 any reference to habitual residence in that State shall habitual residence in a territorial unit;
2. any reference to the presence of the child in this State is the presence of the child in a territorial unit;
3. any reference to the situation of the child in that State's property refers to the situation of the property of the child in a territorial unit;
4. any reference to the State whose nationality the child possesses is the territorial unit designated by the law of that State or, in the absence of relevant rules, the territorial unit with which the child has the closest connection;
5. any reference to the State whose authority is seized of an application for divorce or legal separation of the parents of the child, or for annulment of their marriage, is the territorial unit whose authority is seized of such a request;
6. any reference to the State with which the child has a substantial connection is the territorial unit with which the child has this link;
7. any reference to the State where the child has been removed or retained is the territorial unit in which the child was removed or retained;
8. any reference to bodies or authorities of that State, other than central authorities, aims the bodies or authorities empowered to act in the territorial unit concerned;
9. any reference to the law, the procedure or the authority of the State where a measure has been taken is the law, procedure, or authority of the territorial unit in which this measure has been taken;
10. any reference to the law, the procedure or the authority of the requested State is the law, procedure, or authority of the territorial unit in which recognition or enforcement is invoked.
S. 48. for identifying the applicable law under Chapter III, where a State comprises two or more territorial units each of which has its own system of law or set of rules relating to matters governed by this Convention, the following rules apply: a) in the presence of rules in force in this state identifies the territorial unit whose law is applicable the law of that unit applies;
(b) in the absence of such rules, the law of the territorial unit defined in accordance with article 47 applies.
S.
49. to identify the applicable law under Chapter III, when a State which has two or more systems of law or sets of rules for different categories of persons in matters governed by this Convention, the following rules apply: a) in the presence of rules in force in this State identifying which of these laws is applicable, this Act applies;
(b) in the absence of such rules, the law of the system or the set of rules with which the child has the closest connection applies.
S. 50. the Convention does not affect the Convention of 25 October 1980 on the civil aspects of international child abduction, in the relations between the Parties to the two Conventions. However, nothing prevents that provisions of this Convention are invoked to obtain the return of a child who has been moved or detained unlawfully, or to arrange access.
S. 51. in the relations between the Contracting States, this Convention replaces the Convention of 5 October 1961 concerning the powers of authorities and the law applicable for the protection of minors and the Convention to resolve the guardianship of minors, signed at the Hague 12 June 1902, without prejudice to the aforementioned recognition of measures taken under the Convention of 5 October 1961.
S. 52 1. The Convention shall not derogate from international instruments to which Contracting States are Parties and which contain provisions on matters governed by this Convention, unless a contrary declaration is made by the States bound by such instruments.
2. the Convention shall not affect the possibility for one or more Contracting States to conclude agreements which contain, in what concerns children usually resident in one of the States Parties to such agreements, provisions on matters governed by this Convention.
3. agreements to be concluded by one or more Contracting States on matters governed by this Convention unaffected, in reports of such States with other Contracting States, the application of the provisions of this Convention.
4. the preceding paragraphs also apply to uniform laws based on the existence between the States concerned of special links, including regional nature.
S. 53 1. The Convention applies only to measures taken in a State after the entry into force of the Convention for that State.
2. the Convention shall apply to the recognition and enforcement of measures taken after its entry into force in the relations between the State where the measures have been taken and the requested State.
S.
54 1. Any communication to the central authority or to another authority of a Contracting State is addressed in the original language accompanied by a translation into the official language or one of the official languages of that State or, where this is impractical, a translation into french or English.
2. However, a Contracting State may, by making the reservation provided for in article 60, object to use either the french or the English.
S.
55 1. A Contracting State may, in accordance with article 60: a) reserve the jurisdiction of its authorities to take measures directed to the protection of property of a child situated on its territory;
(b) to reserve not recognize parental responsibility or measure which is incompatible with a measure taken by its authorities over these goods.
2. the reservation may be restricted to certain categories of goods.
S. 56. the Secretary general of the Hague Conference on international law in the private periodically convene a Special Commission to review the practical operation of the Convention.
Chapter VII - final s. CLAUSES
57 1. The Convention is open for signature by the States which were members of the Hague Conference on international law at its eighteenth session.
2. it shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Department of business foreign of Kingdom of Netherlands, depositary of the Convention.
S.
58 1. Any other State may accede to the Convention after its entry into force under article 61, paragraph 1.
2. the instrument of accession shall be deposited with the depositary.
(3. the accession will have effect only as regards the relations between the State acceding and the Contracting States which have not raised an objection to its accession in the six months after the receipt of the notification provided for in article 63, letter b). Such an objection may also be raised by any State at the time of a ratification, acceptance or approval of the Convention subsequent to the accession. These objections shall be notified to the depositary.
S. 59 1. A State which comprises two or more territorial units in which different legal systems apply to the matters governed by this Convention may, at the time of signature, ratification, acceptance, approval or accession, declare that the Convention shall apply to all its territorial units or only to one or more of them, and may at any time modify this declaration by making a new statement.
2. these declarations shall be notified to the depositary and shall expressly indicate the units territorial to which the Convention applies.
3. If a State makes no declaration under this article, the Convention shall apply to the whole of the territory of that State.
S.
60 1. Any Contracting State may, at the latest at the time of ratification, acceptance, approval or accession, or at the time of a declaration made under section 59, make either one or two reservations provided for in articles 54, paragraph 2, and 55. No further reservations can be accepted.
2. any State may at any time withdraw a reservation it has made. This withdrawal shall be notified to the depositary.
3. the effect reserve will stop the first day of the third calendar month after the notification referred to in the preceding paragraph.
S. 61 1.
The Convention shall enter into force the first day of the month following the expiration of a period of three months after the deposit of the third instrument of ratification, acceptance or approval provided for in article 57.
2. thereafter the Convention shall enter into force: a) for each State ratifying, accepting or approving it subsequently, the first day of the month following the expiration of a period of three months after the deposit of its instrument of ratification, acceptance, approval or accession;
(b) for each acceding State, on the first day of the month following the expiration of a period of three months after the expiration of the period of six months prescribed in article 58, paragraph 3;
(c) for the territorial units to which the Convention has been extended in accordance with article 59, the first day of the month following the expiration of a period of three months after the notification referred to in this article.
S. 62 1. Any State party to the Convention may denounce it by a notification in writing to the depositary. The denunciation may be limited to certain territorial units to which the Convention applies.
2. the denunciation shall take effect on the first day of the month following the expiration of a period of twelve months after the date of receipt of the

notification by the depositary. Where a longer period for the taking effect of the denunciation is specified in the notification, the denunciation shall take effect upon expiry of the period in question.
S.
63. the depositary shall notify the States members of the Hague Conference of private international law, as well as to the States which have acceded in accordance with article 58: a) the signatures, ratifications, acceptances and approvals referred to in article 57;
b) accessions and objections raised to accessions referred to in article 58;
(c) the date on which the Convention enters into force in accordance with the provisions of section 61;
d) the declarations referred to in articles 34, paragraph 2, and 59;
e) the agreements referred to in article 39;
f) the reservations referred to in articles 54, paragraph 2, and 55 and withdrawal of reservations provided for in article 60, paragraph 2;
(g) the denunciations referred to in article 62).
In witness whereof the undersigned, duly authorized, have signed this Convention.
Done at the Hague, 19 October 1996, in french and English, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of Kingdom of Netherlands and a certified copy will be provided, through diplomatic channels, to each of the Member States of the Hague Conference on international law during the eighteenth session.

LIST of States related States/organizations Date Authentication Type of consent Date consent entry local force Albania - membership 2006-05-18 01/04/2007 Germany 01/04/2003 Ratification 17/09/2010 01/01/2011 Armenia - accession 03/01/2007 01/05/2008 Australia 01/04/2003 Ratification 29/04/2003-01/08/2003 Austria 01 / 04 / 2003 Ratification 22 / 12 / 2010 01 / 04 / 2011 Belgium 01 / 04 / 2003 Ratification 28 / 05 / 2014 01 / 09 / 2014 Bulgaria - accession 08/03 / 2006 01 / 02 / 2007 Cyprus 14/10/2003 ratified 21/07/2010 01/11/2010 Croatia 2008-10-30 Ratification 04/09/2009-01/01/2010 Denmark 01/04/2003 Ratification 06/30/2011 10/01/2011 Dominican Republic - accession 14/12/2009 01/10/2010 Ecuador - membership 11/05/2002 01/09/2003 Spain 01/04/2003 Ratification 06/09/2010 01/01/2011 Estonia - accession 08/06/2002 01/06/2003 United States 22/10/2010 indeterminate - Finland 01. 04/2003 ratification 19/11/2010 01/03/2011 FRANCE 01/04/2003 Ratification 15/10/2010 02/01-2011 Greece 04/01/2003 Ratification 07/02/2012 01/06/2012 Georgia-accession 2014-04-01 01/03/2015 Hungary 04/07/2005 Ratification 13/01/2006 01/05/2006 Ireland 04/01/2003 Ratification 30/09/2010 01/01/2011 Italy 01/04/2003 indeterminate - LESOTHO - accession 06-18-2012 01/06/2013 Latvia 15/05/2002 Ratification 12. 12/2002 01/04/2003 Lithuania - membership 10/29/2003 09/01/2004 LUXEMBOURG 01/04/2003 Ratification 05/08/2010 01/12/2010 Malta - membership 2011-02-24 01/01/2012 Morocco 19/10/1996 Ratification 08/22/2002 12/01/2002 MONACO 14/05/1997 Ratification 14/05/1997-01/01/2002 MONTENEGRO - accession 14/02/2012 01/01/2013 Netherlands 01/09/1997 Ratification 31/01/2011 01/05/2011 Poland 11/22/2000 Ratification 27/07. 2010 01 / 11 / 2010 PORTUGAL 01/04/2003 Ratification 14/04/2011-01/08/2011 Romania 15/11/2006 Ratification 08/09/2010 01/01/2011 UK 01/04/2003 Ratification 07/27/2012 01/11/2012 Russia - accession 08-20-2012 01/06/2013 Slovakia 01/06/1999 Ratification 09/21/2001 01/01/2002 Slovenia 05-13-2004 Ratification 11/10/2004 01/02/2005 Sweden 01/04/2003 Ratification 26/09/2012 01/01/2013 Switzerland 01. 04/2003 ratification 03/27/2009-01/07/2009 Czech REP. 04/03/1999 ratification 13/03/2000 01/01/2002 UKRAINE - membership 03/04/2007-01/02/2008 URUGUAY 11-17-2009 Ratification 17-11-2009 01/03/2010 statements "In accordance with article 34, paragraph 2, of the 1996 Hague Convention, the applications referred to in article 34, paragraph 1, cannot be routed only through its central authority."
"In accordance with article 29 of the Hague Convention of 1996, Service Public Fédéral Justice is designated as the central authority."
"In accordance with article 44 of the Hague Convention of 1996, Service Public Fédéral Justice is designated as authority to that of applications and in articles 8, 9 and 33 of the Convention should be sent."