24 JUNE 2004. - An Act to approve the Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption, done at The Hague on 29 May 1993 (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 Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption, held in The Hague on 29 May 1993, will come out with its full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 24 June 2004.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
The Minister of Justice,
Ms. L. ONKELINX
Seen and sealed the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2003-2004.
Senate:
Documents. - Bill tabled on 10 October 2003, No. 3-259/1. - Report made on behalf of the commission, No. 3-259/2.
Annales parliamentarians. - Discussion, meeting of March 18, 2004. Vote, meeting of 18 March 2004.
House of Representatives:
Documents. - Project transmitted by the Senate, No. 51-942/1. - Text adopted in plenary and subject to Royal Assent, No. 51-942/2.
Annales parliamentarians. - Discussion, meeting of May 6, 2004. Vote, meeting of 6 May 2004.
(2) See also the Decree of the Flemish Community of 8 May 2002 (Belgian Monitor of 18 June 2002), the Decree of the French Community of 31 March 1994 (Belgian Monitor of 19 May 1994), the Decree of the German-speaking Community of 27 October 2003 (Belgian Monitor of 12 February 2004), the Order of the Joint Community Commission of 13 May 2004 (Belgian Monitor of 16 June 2004).

Convention on the Protection of Children and Cooperation in Respect of International Adoption
States signatories to this Convention,
Recognizing that, for the harmonious development of his personality, the child must grow in a family environment, in a climate of happiness, love and understanding,
Recalling that each State should take, by priority, appropriate measures to ensure the maintenance of the child in its original family,
Recognizing that international adoption may present the advantage of giving a permanent family to the child for whom an appropriate family cannot be found in its State of origin,
Convinced of the need for measures to ensure that international adoptions take place in the best interests of the child and respect for its fundamental rights, as well as to prevent the abduction, sale or trafficking of children,
Desiring to establish common provisions for this purpose that take into account the principles recognized by international instruments, in particular by the United Nations Convention on the Rights of the Child, of 20 November 1989, and by the United Nations Declaration on Social and Legal Principles for the Protection and Welfare of Children, envisaged especially in the context of domestic and international adoption and placement practices (General Assembly resolution 41/ December 1986),
The following provisions were agreed:
CHAPTER I^er. - Scope of the convention
Article 1^er
The purpose of this Convention is to:
a. establish safeguards to ensure that international adoptions take place in the best interests of the child and in respect of the fundamental rights recognized in international law;
b. establish a system of cooperation between the contracting States to ensure respect for these guarantees and thus prevent the abduction, sale or trafficking of children;
c. to ensure recognition in Contracting States of adoptions made under the Convention.
Article 2
1. The Convention applies where a child habitually residing in a Contracting State ("the State of origin") has been, is or must be moved to another Contracting State ("the State of reception"), either after its adoption in the State of origin by spouses or a person habitually residing in the receiving State, or for such adoption in the receiving State or in the State of origin.
2. The Convention is intended only for adoptions establishing a filiation link.
Article 3
The Convention ceases to apply if the acceptances referred to in Article 17, letter c, have not been given before the child has reached the age of eighteen years.
CHAPTER II. - Conditions of international adoptions
Article 4
Adoptions covered by the Convention may only take place if the competent authorities of the State of origin:
a. established that the child is adoptable;
b. found, after having duly examined the possibilities of placing the child in his/her State of origin, that an international adoption meets the best interests of the child;
c. ensured
1. that persons, institutions and authorities whose consent is required for adoption have been 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 relationship between the child and his or her family of origin,
2. that they have freely given their consent in the legal forms required, and that such consent has been given or recognized in writing,
3. that the consents were not obtained by payment or consideration of any kind and that they were not withdrawn, and
4. the consent of the mother, if required, was given only after the birth of the child; and
d. have ensured, given the age and maturity of the child,
1. that it was surrounded by advice and duly informed about the consequences of adoption and its consent to adoption, if required,
2. that the wishes and opinions of the child have been taken into consideration,
3. that the consent of the child to adoption, when required, has been freely given in the required legal forms, and that his or her consent has been given or recognized in writing, and
4. that this consent was not obtained by payment or consideration of any kind.
Article 5
Adoptions covered by the Convention may only take place if the competent authorities of the host State:
a. found that prospective adoptive parents are qualified and able to adopt;
b. ensured that future adoptive parents were surrounded by the necessary advice; and
c. found that the child is or will be allowed to enter and stay permanently in that State.
CHAPTER III. - Central authorities and accredited bodies
Article 6
1. Each Contracting State shall designate a Central Authority to fulfil its obligations under the Convention.
2. A federal State, a State in which several systems of law are in force or a State with autonomous territorial units is free to designate more than one Central Authority and specify the territorial or personal scope of their functions. The State which makes use of this faculty shall designate the Central Authority to which any communication may be sent for transmission to the competent Central Authority within that State.
Article 7
1. The Central Authorities must cooperate with each other and promote collaboration between the competent authorities of their States to ensure the protection of children and to achieve the other objectives of the Convention.
2 They shall take directly all appropriate measures to:
a. provide information on the adoption legislation of their States and other general information, such as statistics and standard forms;
b. inform each other about the operation of the Convention and, to the extent possible, remove obstacles to its implementation.
Article 8
The Central Authorities shall take, either directly or with the assistance of public authorities, all appropriate measures to prevent undue material gains from adoption and to prevent any practice contrary to the objectives of the Convention.
Article 9
The Central Authorities shall take, either directly or with the assistance of public authorities or bodies duly authorized in their State, all appropriate measures, including:
a. Collect, retain and exchange information on the situation of the child and future adoptive parents, to the extent necessary for the realization of adoption;
b. facilitate, monitor and activate the adoption procedure;
c. to promote in their States the development of counselling services for adoption and for follow-up to adoption;
d. exchange general evaluation reports on international adoption experiences;
e. respond, to the extent permitted by the law of their State, to the motivated requests for information on a particular situation of adoption made by other Central Authorities or by public authorities.
Article 10
Can only benefit from the accreditation and keep it the organizations that demonstrate their ability to properly complete the missions that could be entrusted to them.
Article 11
An approved body shall:
a. pursue only non-profit purposes under the conditions and limits established by the competent authorities of the State of Accreditation;
b. be directed and managed by persons qualified by their moral integrity and training or experience to act in the field of international adoption; and
c. be subject to the supervision of competent authorities of that State for its composition, operation and financial situation.
Article 12
A body approved in a Contracting State may act in another Contracting State only if the competent authorities of the two States have authorized it.
Article 13
The designation of Central Authorities and, where appropriate, the scope of their functions, as well as the name and address of accredited bodies, shall be communicated by each Contracting State to the Permanent Bureau of the Hague Conference on Private International Law.
CHAPTER IV. - Procedural conditions of international adoption
Article 14
Persons habitually residing in a Contracting State, who wish to adopt a child whose habitual residence is located in another Contracting State, must address the Central Authority of the State of their habitual residence.
Article 15
1. If the Central Authority of the receiving State considers that the applicants are qualified and able to adopt, it shall prepare a report containing information on their identity, legal capacity and ability to adopt, their personal, family and medical situation, their social environment, the motives which enlivens them, their ability to assume an international adoption, and the children they would be able to take care of.
2. It transmits the report to the Central Authority of the State of origin.
Article 16
1. If the Central Authority of the State of origin considers that the child is adoptable,
a. It establishes a report containing information on the identity of the child, its adoptability, its social environment, its personal and family evolution, its medical past and that of its family, as well as its special needs;
b. duly takes into account the educational conditions of the child, as well as its ethnic, religious and cultural origin;
c. ensures that the consents referred to in Article 4 have been obtained; and
d. It notes, on the basis of, inter alia, reports on the child and future adoptive parents, that the placement envisaged is in the best interests of the child.
2. It transmits to the Central Authority of the receiving State its report on the child, the proof of the consents required and the reasons for its finding on the placement, ensuring that it does not reveal the identity of the mother and the father, if, in the State of origin, this identity cannot be disclosed.
Article 17
Any decision to entrust a child to future adoptive parents can only be made in the State of origin:
a. if the Central Authority of that State has ascertained the agreement of future adoptive parents;
b. if the Central Authority of the host State has approved this decision, when the law of that State or the Central Authority of the State of origin requires it;
c. if the Central Authorities of the two States have agreed that the procedure for adoption shall continue; and
d. if it has been found in accordance with Article 5 that prospective adoptive parents are qualified and able to adopt and that the child is or will be allowed to enter and stay permanently in the receiving State.
Article 18
The Central Authorities of the two states take all necessary measures to ensure that the child receives the authorization to leave the State of origin, as well as that of permanent entry and residence in the host State.
Article 19
1. The movement of the child to the receiving State may take place only if the conditions of Article 17 have been met.
2. The Central Authorities of the two States shall ensure that this movement is carried out safely, in appropriate conditions and, if possible, with adoptive parents or future adoptive parents.
3. If this is not the case, the reports referred to in Articles 15 and 16 are referred to the shipping authorities.
Rule 20
The Central Authorities are kept informed about the adoption procedure and the measures taken to complete it, as well as on the course of the probationary period, when required.
Article 21
1. When the adoption is to take place after the child is moved to the receiving State and the Central Authority of that State considers that the maintenance of the child in the foster family is no longer of its best interests, this Authority shall take the necessary measures to protect the child, in particular with a view to:
a. to remove the child from those who wished to adopt it and to take care of it provisionally;
b. in consultation with the Central Authority of the State of origin, to ensure without delay a new placement of the child for adoption or, if not, a sustainable alternative care; an adoption may take place only if the Central Authority of the State of origin has been duly informed of the new adoptive parents;
c. as a last resort, ensure the return of the child, if the child's interest requires it.
2. In light of the age and maturity of the child, the child shall be consulted and, where appropriate, his or her consent to the measures to be taken in accordance with this article.
Article 22
1. The functions conferred on the Central Authority by this chapter may be carried out by public authorities or by bodies authorized in accordance with Chapter III, to the extent provided by the law of its State.
2. A Contracting State may declare to the depositary of the Convention that the functions conferred on the Central Authority by articles 15 to 21 may also be exercised in that State, to the extent provided by law and under the control of the competent authorities of that State, by bodies or persons that:
a. fulfil the conditions of morality, professional competence, experience and responsibility required by that State; and
b. are qualified by their moral integrity and training or experience to act in the field of international adoption.
3. The Contracting State making the declaration referred to in paragraph 2 shall regularly inform the Permanent Bureau of the Hague Conference on Private International Law of the names and addresses of such bodies and persons.
4. A Contracting State may declare to the depositary of the Convention that adoptions of children whose habitual residence is located in its territory may take place only if the functions conferred on the Central Authorities are exercised in accordance with paragraph 1.
5. Notwithstanding any statement made in accordance with paragraph 2, the reports provided for in Articles 15 and 16 shall, in all cases, 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 adoption
Article 23
1. A certified adoption in accordance with the Convention by the competent authority of the Contracting State in which it took place shall be recognized in full law in the other Contracting States. The certificate indicates when and by whom the acceptances referred to in Article 17, letter c, were given.
2. Any Contracting State, at the time of signature, ratification, acceptance, approval or accession, shall notify the depositary of the Convention of the identity and functions of the authority or authorities which, in that State, are competent to issue the certificate. He will also notify him of any changes in the designation of these authorities.
Article 24
Recognition of adoption can only be denied in a Contracting State if adoption is manifestly contrary to its public order, given the best interests of the child.
Rule 25
Any Contracting State may declare to the depositary of the Convention that it shall not be required to recognize under the Convention the adoptions made in accordance with an agreement concluded under Article 39, paragraph 2.
Rule 26
1. Recognition of adoption includes that
a. the relationship between the child and the adoptive parents;
b. parental responsibility of adoptive parents with respect to the child;
c. the rupture of the pre-existing filiation between the child and his mother and his father, if the adoption results in the Contracting State in which it took place.
2. If the adoption has the effect of breaking the pre-existing bond of filiation, the child shall enjoy, in the receiving State and in any other Contracting State where adoption is recognized, rights equivalent to those resulting from adoption that effect in each of these States.
3. The preceding paragraphs do not affect the application of any provision that is more favourable to the child, in force in the Contracting State which recognizes adoption.
Rule 27
1. When an adoption made in the State of origin does not break the pre-existing bond of filiation, it may, in the receiving State that recognizes adoption in accordance with the Convention, be converted to an adoption producing this effect
a. if the right of the host State permits it; and
b. if the consents referred to in Article 4, letters c and d, have been or are given for such adoption.
2. Section 23 applies to the conversion decision.
CHAPTER VI. - General provisions
Rule 28
The Convention does not derogate from the laws of the State of origin which require that the adoption of a child habitually residing in that State must take place in that State or prohibit the placement of the child in the receiving State or his or her displacement to that State before his or her adoption.
Rule 29
No contact between the prospective adoptive parents and the parents of the child or any other person who has custody of the child may take place until the provisions of Article 4, letters a to c, and Article 5, letter a, have been complied with, unless the adoption takes place between members of the same family or the conditions fixed by the competent authority of the State of origin are met.
Rule 30
1. The competent authorities of a Contracting State shall ensure that they keep the information they hold on the origins of the child, including those relating to the identity of his mother and father, as well as data on the medical history of the child and his family.
2. They provide access by the child or his or her representative to this information, with appropriate advice, to the extent permitted by the law of their State.
Rule 31
Subject to Article 30, personal data collected or transmitted in accordance with the Convention, in particular those referred to in Articles 15 and 16, may not be used for any purpose other than those for which it has been collected or transmitted.
Rule 32
1. No one can draw undue material gain due to intervention during an international adoption.
2. Only expenses and expenses may be claimed and paid, including the reasonable fees of the persons who intervened in the adoption.
3. Managers, administrators and employees of organizations involved in an adoption cannot receive disproportionate compensation in relation to services rendered.
Rule 33
Any competent authority who finds that one of the provisions of the Convention has been unrecognized or clearly risks being informed the Central Authority of the State of which it is responsible. The Central Authority is responsible for ensuring that the necessary measures are taken.
Rule 34
If the competent authority of the receiving State of a document requires it, a certified translation must be produced. Except as provided, translation costs are borne by prospective adoptive parents.
Rule 35
The competent authorities of the Contracting States act quickly in the adoption procedures.
Rule 36
With regard to a State which knows, in the matter of adoption, two or more systems of law applicable in different territorial units:
a. any reference to the habitual residence in that State shall apply to the habitual residence in a territorial unit of that State;
b. any reference to the law of that State shall apply to the law in force in the territorial unit concerned;
c. any reference to the competent authorities or public authorities of that State shall apply to the authorities authorized to act in the relevant territorial unit;
d. any reference to the approved bodies of that State shall be made to the bodies approved in the territorial unit concerned.
Rule 37
With regard to a State which knows, in the matter of adoption, two or more systems of law applicable to different categories of persons, any reference to the law of that State applies to the system of law designated by the law of that State.
Rule 38
A State in which different territorial units have their own rules of adoption law will not be required to apply the Convention when a State whose legal system is unified would not be required to apply it.
Rule 39
1. The Convention does not derogate from the international instruments to which Contracting States are Parties and which contain provisions on matters governed by this Convention, unless a declaration to the contrary is made by States bound by such instruments.
2. Any Contracting State may enter into agreements with one or more other Contracting States to promote the application of the Convention in their mutual relations. These agreements may only derogate from the provisions of articles 14 to 16 and 18 to 21. States that have concluded such agreements shall transmit a copy thereof to the depositary of the Convention.
Rule 40
No reservation to the Convention is allowed.
Rule 41
The Convention shall apply whenever a request referred to in Article 14 has been received after the entry into force of the Convention in the host State and the State of origin.
Rule 42
The Secretary General of the Hague Conference on Private International Law periodically convenes a Special Commission to examine the practical functioning of the Convention.
CHAPTER VII. - Final clauses
Rule 43
1. The Convention is open for signature by States that were Members of the Hague Conference on Private International Law at its seventeenth session and other States that participated in that session.
2. It will be ratified, accepted or approved and instruments of ratification, acceptance or approval will be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.
Rule 44
1. Any other State may accede to the Convention after its entry into force under Article 46, paragraph 1^er.
2. The instrument of accession shall be deposited with the depositary.
3. The accession shall have effect only in the relations between the acceding State and the Contracting States that have not raised any objection to it within six months after the receipt of the notification provided for in Article 48, letter b. Such an objection may also be raised by any State at the time of ratification, acceptance or approval of the Convention, subsequent to accession. These objections will be notified to the depositary.
Rule 45
1. A State that includes two or more territorial units in which different systems of law apply to matters governed by this Convention may, at the time of signature, ratification, acceptance, approval or accession, declare that this Convention shall apply to all its territorial units or only to one or more of them, and may at any time amend this declaration by making a new declaration.
2. These declarations will be notified to the depositary and will expressly indicate the territorial units to which the Convention applies.
3. If a State does not make a declaration under this article, the Convention shall apply to the entire territory of that State.
Rule 46
1. The Convention shall enter into force on 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 43.
2. Subsequently, the Convention will enter into force:
a. for each State ratifying, accepting or approving after, or acceding, on 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 territorial units to which the Convention was extended in accordance with Article 45, on the first day of the month following the expiration of a period of three months after the notification referred to in this Article.
Rule 47
1. Any State Party to the Convention may denounce it by a written notification to the depositary.
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 effective taking of the denunciation is specified in the notification, the denunciation shall take effect upon the expiry of the period in question after the date of receipt of the notification.
Rule 48
The depositary shall notify the States members of the Hague Conference on Private International Law, the other States that participated in the seventeenth session, and the States that have acceded in accordance with the provisions of Article 44:
a. signatures, ratifications, acceptances and approvals referred to in Article 43;
b. accessions and objections to accessions referred to in article 44;
c. the date on which the Convention will enter into force in accordance with the provisions of 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. denunciations referred to in section 47.
In faith, the undersigned, duly authorized, have signed this Convention.
Done in The Hague, on 29 May 1993, in French and English, both texts being equally authentic, in a single copy, to be deposited in the archives of the Government of the Kingdom of the Netherlands and a certified true copy to be handed to each of the States members of the Hague Conference on Private International Law at the seventeenth session, as well as to each of the other States participating in the Session.

Convention on Protection of Children and Cooperation in Respect of International Adoption, done at The Hague on 29 May 1993
For the consultation of the table, see image
Hague Convention of 29 May 1993 on Protection of Children and Cooperation in Respect of International Adoption
Statements by Belgium
- Declaration on Article 22, paragraph 4:
In accordance with Article 22, paragraph 4, of the Convention, Belgium declares that the adoption of a child habitually residing in its territory may take place only if the functions conferred on the Central Authority of the host State are exercised in accordance with Article 22, paragraph 1^erConvention.
- Declaration on Article 23, paragraph 2:
In accordance with Article 23, paragraph 2, Belgium declares that the Service of the International Adoption of the Federal Public Service is the only competent authority to issue the certificate referred to in Article 23, paragraph 1^er when the adoption took place in Belgium.
- List of Belgian central authorities
* Federal State
The federal central authority is the International Adoption Service, created within the Federal Public Service Justice.
This is the authority to which any communication may be sent for transmission to the competent central authority within the Belgian State.
International Adoption Service, Federal Public Service Justice,
General Directorate of Legislation and Fundamental Freedoms and Rights,
Boulevard de Waterloo 115
B-1000 Brussels
Phone number: + 32 (2) 542 6511
Fax number: + 32 (2) 542 70 38
* Communities
1. French Community
Community Central Authority, Ministry of the French Community, Directorate General Assistance to Youth,
Space 27 September
Boulevard Léopold II 44
B-1080 Brussels
Tel: + 32 (2) 413 27 26
Fax: + 32 (2) 413 21 39
The Community Central Authority is competent in the French-language region, as well as in respect of the institutions established in the bilingual region of Brussels-Capital which, because of their organization, must be considered to be wholly owned by the French Community.
2. Flemish Community
Kind en Gezin,
Hallepoortlaan 27
B-1060 Brussel
Tel: + 32 (2) 533 12 11
Fax: + 32 (2) 534 13 82
Kind en Gezin is competent in the Dutch language region, as well as in the institutions established in the bilingual region of Brussels-Capital which, because of their organization, must be considered to be wholly owned by the Flemish Community.
3. German-speaking Community
Ministerium der Deutschsprachigen Gemeinschaft
Zentrale Behörde der Deutschsprachigen Gemeinschaft für Adoptionen
Gospertstrasse 1
B-4700 Eupen
Fax. + 32 (87)55 64 74
Tel: + 32 (87) 59 63 46
E-Mail: michael.fryns@dgov.be
Kontaktperson: Herr Michael Fryns »
This Community Central Authority is competent in the German language region.
(This text cancels and replaces the one issued to the Belgian Monitor No. 173 of 1^er June 2005, pages 25424 to and including 25437).