Posted the: 2005-06-06 Numac: 2004015224 Foreign Affairs, external trade and development COOPERATION FEDERAL PUBLIC SERVICE June 24, 2004. -Law concerning consent to the Convention on the protection of children and co-operation in respect of intercountry adoption, done at the Hague 29 May 1993 (1) (2) ALBERT II, 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 the protection of children and co-operation in respect of intercountry adoption, done at the Hague on 29 May 1993, 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 in Brussels, on 24 June 2004.
ALBERT by the King: the Minister of Foreign Affairs, L. MICHEL the Minister of Justice, Ms. L. ONKELINX seen and sealed with the seal of the State: the Minister of Justice, Ms. L. ONKELINX _ Notes (1) Session 2003-2004.
Senate: Documents. -Bill tabled on October 10, 2003, no. 3 - 259/1. -Report on behalf of the Committee, no. 3-259/2.
Parliamentary Annals. -Discussion, meeting of March 18, 2004. Vote, meeting of March 18, 2004.
House of representatives: Documents.
-Draft transmitted by the Senate, no. 51-942/1. -Text adopted in plenary and subject to Royal assent, meeting No. 51-942/2.
Parliamentary Annals. -Discussion, may 6, 2004 meeting. Vote, may 6, 2004 meeting.
(2) see also the Decree of the Flemish Community of 8 May 2002 (Moniteur belge of 18 June 2002), the Decree of the French community of 31 March 1994 (Moniteur belge of 19 May 1994), the Decree of the German-speaking community of 27 October 2003 (Moniteur belge of 12 February 2004), the Joint Community Commission order of May 13, 2004 (Moniteur belge of 16 June 2004).
Convention on the protection of children and co-operation in respect of intercountry adoption States signatories to this Convention, recognizing that development harmonious personality, the child should grow up in a family environment, in an atmosphere of happiness, love and understanding, recalling that each State should take appropriate measures to allow the maintenance of the child in its family of origin by priority, Recognising that intercountry adoption may offer the advantage of giving a permanent family to a child for which a suitable family cannot be found in its original state, convinced of the need to provide for measures to ensure that intercountry adoptions take place in the best interests of the child and respect for his fundamental rights, as well as to prevent the abduction, sale or trafficking of children , Desiring to establish for this purpose from the common provisions which take into account principles recognized by international instruments, notably by the Convention of the United Nations on the rights of the child, of 20 November 1989, and the United Nations Declaration on social and legal principles applicable to the protection and well-being of children, especially envisaged in terms of practices in adoption and foster care on the national and international levels (Resolution of the General Assembly 41 /) 85, of 3 December 1986), have agreed upon the following provisions: Chapter I. -Scope of the convention Article 1 this Convention is to: a. to establish guarantees that international adoptions take place in the best interests of the child and respect for the fundamental rights recognized in international law;
b. to establish a system of cooperation between the Contracting States to ensure respect for these guarantees and thereby prevent the abduction, sale or trafficking of children;
c. ensure the recognition in Contracting States of adoptions made under the Convention.
Article 2 1. The Convention shall apply where a child residing usually in a State Contracting ("State of origin") has been, is or should be moved to another State Contracting ("the host State") either after its adoption in the State of origin by spouses or a person resident in the host State, to such adoption in the State of home or in the State of origin.
2. the Convention refers only to adoptions establishing a parent-child relationship.
Article 3 the Convention ceases to apply if the referred to in article 17 acceptances, letter c, have not been given before the child has reached the age of eighteen.
CHAPTER II. -Conditions for intercountry adoptions Article 4 adoptions referred by the Convention can only take place if the competent authorities of the State of origin: a. have established that the child is adoptable;
b. found, after duly considering the possibilities of placement of the child in its original state, as international adoption meets the best interests of the child;
c. have ensured 1. only the persons, institutions and authorities whose consent is required for the adoption have surrounded necessary and duly informed advice on the implications of their consent, in particular on the maintenance or failure, due to an adoption, links in law between the child and his family of origin, 2. that they have freely given their consent in the required legal form, and that this consent has been given or evidenced in writing, 3. that consents were not obtained through payment or consideration of any kind and that they have not been removed, and 4.
that the consent of the mother, if it is required, been gave after the birth of the child; and (d).
have ensured, having regard to the age and maturity of the child, 1. that it was surrounded by advice and duly informed on the consequences of adoption and its consent to the adoption, if it is required, 2. that the wishes and opinion of the child was taken into account, 3.
that the consent of the child to the adoption, when required, has been given freely, in the required legal form, and that consent has been given or evidenced in writing, and 4. that this consent was not obtained payment or compensation of any kind.
Article 5 adoptions referred by the Convention may take place only if the competent authorities of the host State: a. found that prospective adoptive parents are eligible and suited to adopt;
b. have ensured that the prospective adoptive parents were surrounded by advice needed. and (c).
found that the child is or will be authorized to enter and reside permanently in that State.
CHAPTER III. -Central authorities and accredited bodies Article 6 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.
Article 7 1. The central authorities shall cooperate with each other and promote cooperation between the competent authorities in their States to ensure the protection of children and the other objectives of the Convention.
2. they take directly all appropriate measures to: a. provide information on the legislation of their States on the adoption and other general information, such as statistics and formulas types;
b. to inform each other on the operation of the Convention and, to the extent possible, barriers to its implementation.
Article 8 central authorities shall take, either directly or with the assistance of public authorities, all appropriate measures to prevent undue material gains in adoption and prevent any practice contrary to the objectives of the Convention.
Article 9 Central authorities shall take, either directly or with the assistance of public authorities or other bodies duly accredited in their State, all appropriate measures, including to: a. collect, preserve and exchange information about the situation of the child and the prospective adoptive parents, to the extent necessary to complete the adoption;
b. facilitate, follow and expedite the procedure for adoption;
c. promote in their States the development of consulting services for the adoption and monitoring of adoption;
d. Exchange of General evaluation reports on experiences in international adoption;
e. respond, to the extent permitted by the law of their State, to the reasoned requests information about a particular situation of adoption by other central authorities or public authorities.
Article 10 could only benefit from the approval and keep organizations that demonstrate their ability to properly complete the missions that may be assigned.
Article 11 an accredited body shall: a. pursue only non-profit objectives under the conditions and limits laid down by the competent authorities of the State of accreditation;
b. be directed and managed by persons qualified by their integrity moral and their 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, its functioning and its financial situation.
Article 12 a body accredited in a Contracting State may act in another Contracting State only if the competent authorities of both States have authorised it.
Article 13 the designation of central authorities and, where appropriate, the scope of their functions, as well as the name and address of the accredited bodies shall be communicated by each Contracting State to the Permanent Bureau of the Conference of the Hague private international law.
CHAPTER IV. -Procedural requirements in intercountry adoption Article 14 persons habitually resident in a Contracting State, who wish to adopt a child whose habitual residence is situated in another Contracting State, shall apply to the central authority of the State of their habitual residence.
Article 15 1. If the central authority of the host State considers that the applicants are eligible and suited to adopt, it establishes a report containing information on their identity, their legal capacity and their ability to adopt, their personal, family and medical situation their social environment, the grounds that animate them, their ability to undertake an intercountry adoption, as well as on children that they would be able to take in charge.
2 it shall transmit the report to the central authority of the State of origin.
Article 16 1. If the central authority of the State of origin considers that the child is adoptable, a. make a report containing information on the identity of the child, adoptability, his social environment, personal and family evolution, his medical past and that of his family, as well as its specific needs;
b. it shall take due account of the conditions of education of the child, as well as its original ethnic, religious and cultural;
c. it ensures that the consents referred to in article 4 have been obtained; and d. it finds, based on the reports on the child and the prospective adoptive parents, whether the envisaged placement is in the best interests of the child.
2 it shall transmit to the central authority of the receiving State its report on the child, proof of the required consents and the reasons for its determination on the placement, taking care not to reveal the identity of the mother and the father if, in the State of origin, these identities may not be disclosed.
Article 17 any decision to entrust a child to prospective adoptive parents may be taken in the State of origin that: a. If the central authority of that State has ensured agreement prospective adoptive parents;
b. If the central authority of the receiving State has approved this decision, when required by the law of that State or the central authority of the State of origin;
c. If the central authorities of both States have accepted that the procedure for adopting continues; and d. If it has been established in accordance with article 5, that the prospective adoptive parents are eligible and suited to adopt and that the child is or will be authorized to enter and reside permanently in the receiving State.
Article 18 the central authorities of both States shall take all necessary measures for the child to receive the permission of the State of origin, as well as input and output of permanent residence in the host State.
Article 19 1. The removal of the child to the receiving State can take place only if the conditions of article 17 have been met.
2. the central authorities of both States shall ensure that this transfer takes place safely, under conditions appropriate and, if possible, in the company of the adoptive or prospective adoptive parents.
3. If this movement is not held, the reports referred to in articles 15 and 16 are returned to the transmitting authorities.
Article 20 the central authorities shall keep informed on the adoption process and the measures taken to term, as well as the conduct of the trial period, when it is required.
Article 21 1. When the adoption must take place after the removal of the child in the receiving State and the central authority of that State considers that the maintenance of the child in the foster home is no longer his best interests, this authority shall take measures necessary for the protection of the child in view including: a. remove the child to people who wanted to adopt him and take care on an interim basis;
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, Alternatively, a sustainable alternative care; an adoption shall not take place until the central authority of the State of origin has been duly informed concerning the new prospective adoptive parents;
c. as a last resort, to ensure the return of the child, if his interest so requires.
2 having regard to the age and the maturity of the child, it will be consulted and, where applicable, his consent obtained on measures to be taken in accordance with this article.
Article 22 1. The functions conferred on the central authority under this chapter may be performed by public authorities or by bodies accredited under Chapter III, to the extent provided by the law of his State.
2. a Contracting State may declare to the depositary of the Convention that the functions conferred by articles 15-21 Central Authority can also be performed in this State, to the extent provided by law and under the control of the competent authorities of that State, by organizations or individuals who: a. meet the requirements of morality professional competence, experience and responsibility required by this State; and b. are qualified by their integrity moral and their training or experience to act in the field of intercountry adoption.
3 the Contracting State that made the declaration referred to in paragraph 2 shall regularly inform the permanent Bureau of the Hague Conference on international law of the names and addresses of these bodies and persons.
4. a Contracting State may declare to the depositary of the Convention that adoptions of children whose habitual residence on its territory may not take place if the functions conferred on central authorities are performed in accordance with the first paragraph.
5. Notwithstanding any declaration made in accordance with paragraph 2, the reports provided for in articles 15 and 16 are, in all cases, established under the responsibility of the Authority Central or other authorities or bodies in accordance with the first paragraph.
Chapter V. - Recognition and effects of the adoption Article 23 1.
A certified adoption complies with the Convention by the competent authority of the Contracting State where it occurred is recognized right in other Contracting States. The certificate indicates when and by whom the acceptance referred to in article 17, letter c, were given.
2 any Contracting State, at the time of signature, ratification, acceptance, approval or accession, notify the depositary of the Convention the identity and the functions of the authority or authorities which, in that State, are competent to issue the certificate. It shall notify him as any change in the designation of such authorities.
Article 24 the recognition of an adoption may be refused in a Contracting State only if the adoption is manifestly contrary to its public policy, taking into account the best interests of the child.
Article 25 any Contracting State may declare to the depositary of the Convention that it will not be held to recognize under the adoptions made in accordance with an agreement concluded by application of article 39, paragraph 2.
Article 26 1. The recognition of adoption includes recognition a. relationship between the child and the adoptive parents;
b. parental responsibility of adoptive parents for the child;
c. the breakdown of the pre-existing bond of filiation between the child and his mother and his father, if the adoption has this effect in the Contracting State where it took place.
2. If adoption has the effect of breaking the pre-existing relationship of filiation, the child shall enjoy in the receiving State and in any other Contracting State where the adoption is recognized, rights equivalent to those resulting from adoption this effect in each of these States.
3. the preceding paragraphs are without prejudice to the application of any provision more favourable for the child, in force in the Contracting State which recognizes the adoption.
Article 27 1. When an adoption is made in the State of origin has no effect of terminating a pre-existing parentage, it can, in the host State which recognizes the adoption under the Convention, be converted into an adoption producing this effect.
If the law of the receiving State so permits; and b If the consents referred to in article 4, letters c and d, have been or are given for such adoption.
2. article 23 applies to the decision of conversion.
CHAPTER VI. -General provisions Article 28 the Convention does not derogate from the laws of the State of origin which requires that the adoption of a child habitually resident in that State should take place in that State or which prohibits the placement of the child in the receiving State or moving to this State prior to its adoption.
Article 29 no contact between the prospective adoptive parents and the child's parents or any other person who has custody of it cannot take place as long as the provisions of article 4, letters a to c, and article 5, letter a, have not been met, unless the adoption takes place between members of the same family or
If the conditions laid down by the competent authority of the State of origin are met.
Article 30 1. The competent authorities of a Contracting State shall retain the information they hold on the origins of the child, including those relating to the identity of his mother and his father, as well as data on the medical history of the child and his family.
2. provide the child or his representative access to this information, with appropriate advice, to the extent permitted by the law of their State.
Article 31 subject to article 30, personal data gathered or transmitted under the Convention, in particular those referred to in articles 15 and 16, shall not be used for purposes other than those for which they were gathered or transmitted.
Section 32 1. No one can pull a undue material gain due to an intervention on the occasion of an international adoption.
2. only can be requested and paid for the costs and expenses, including reasonable fees of persons involved in the adoption.
3. officers, directors and employees of bodies involved in an adoption may receive a fee disproportionate to services rendered.
Article 33 any competent authority which establishes that one of the provisions of the Convention has been misunderstood or may clearly be shall inform immediately the central authority of the State. This central authority has the responsibility to ensure that appropriate measures are taken.
Article 34 if the competent authority of the State of a document requires, a certified translation must be filed. Unless exempt, translation costs are borne by the prospective adoptive parents.
Article 35 the competent authorities of the Contracting States act quickly in adoption procedures.
Section 36 against a State that knows, adoption, two or more systems of law applicable in different territorial units: any reference to habitual residence in that State is habitual residence in a territorial unit of that State;
b. any reference to the law of this State is the law in force in the territorial unit concerned;
c any reference to the competent authorities or to the public authorities of that State is the authorities empowered to act in the relevant territorial unit;
d. any reference to approved State bodies is recognised in the relevant territorial unit.
Article 37 relation to a State which has two or more systems of law applicable to different categories of persons, for adoption, any reference to the law of this State is the law designated by the right of it system.
Article 38 a State in which various territorial units have their own rules of law in respect of adoption shall not be required to apply the Convention where a State whose legal system is unified would not be required to apply it.
Article 39 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. any Contracting State may enter into with one or more other Contracting States of the agreements to promote the implementation of the Convention in their mutual relations. These agreements may derogate from the provisions of articles 14 to 16 and 18 to 21. The States which have concluded such agreements in will transmit a copy to the depositary of the Convention.
Article 40 no reservation to the Convention shall be permitted.
Article 41 the Convention applies whenever an application 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.
Article 42 the Secretary general of the Hague Conference on international law private periodically convene a Special Commission to review the practical operation of the Convention.
CHAPTER VII. -Clauses finals Article 43 1. The Convention is open for signature by the States which were members of the Hague Conference on private international law at its seventeenth session and by the other States which participated in that Session.
2. it shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Department of business foreign of Kingdom of Netherlands, depositary of the Convention.
Article 44 1. Any other State may accede to the Convention after its entry into force under article 46, 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 48, 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.
Article 45 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 this 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.
Article 46 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 43.
2. Subsequently, the Convention shall enter into force: a. for each State ratifying, accepting or approving it subsequently, or acceding to, 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 the territorial units to which the Convention has been extended in accordance with article 45, the first day of the month following the expiration of a period of three months after the notification referred to in this article.
Article 47 1. Any State party to the Convention may denounce it by a notification in writing 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 taking effect of the denunciation is specified in the notification, the denunciation shall take effect upon expiry of the period in question from the date of receipt of the notification.
Article 48 the depositary shall notify the States members of the Hague Conference of private international law, the other States which participated in the seventeenth session, as well as to the States which have acceded in accordance with article 44: a. the signatures, ratifications, acceptances and approvals referred to in article 43;
b. accessions and objections raised to accessions referred to in article 44;
v. the date on which the Convention enters into force in accordance with the provisions of article 46;
d. declarations and designations referred to in articles 22, 23, 25 and 45;
e. the agreements referred to in article 39;
f the denunciations referred to in article 47.
In witness whereof the undersigned, duly authorized, have signed this Convention.
Done at the Hague on 29 May 1993, 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 seventeenth session as well as to each of the other States participating in this Session.
Convention on the protection of children and cooperation in respect of international adoption, made at the Hague on 29 May 1993 for consulting the table, see image of the Hague Convention of 29 May 1993 on protection of children and co-operation in respect of intercountry adoption statements of Belgium - Declaration on article 22, paragraph 4: in accordance with article 22 , paragraph 4, of the Convention, the Belgium stated that the adoption of a child habitually resident in its territory cannot take place if the functions to the central authority of the receiving State are performed in accordance with article 22, paragraph 1, of the Convention.
-Declaration on article 23, paragraph 2: pursuant to article 23, paragraph 2, the Belgium declares that the federal Service of International Adoption of public Service Justice is the only competent authority to issue the certificate referred to in article 23, paragraph 1 where the adoption took place in Belgium.
-List of the Belgian central authorities * federal state the federal Central Authority is the Service of International Adoption, created within the Service public federal Justice.
This is the authority to which all communication
may be addressed for transmission to the competent central authority within the Belgian State.
Service of International Adoption, federal public Service Justice, Directorate General of Legislation and of the freedoms and fundamental rights, Boulevard de Waterloo 115 B - 1000 Brussels phone: + 32 (2) 542 6511 fax number: + 32 (2) 542 70 38 * the communities 1.
Community French Community central authority, Ministry of the French community, Directorate General youth assistance, 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 for the institutions established in the bilingual region of Brussels-capital which , due to their organization, should be considered as exclusively belonging to the French community.
2 community Flemish 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 area of Dutch language, as well as for the institutions established in the bilingual region of Brussels-capital, which, because of their organization, must be considered as belonging exclusively to the Flemish community.
3 community germanophone Ministerium der Deutschsprachigen Gemeinschaft Zentrale Behörde der Deutschsprachigen Gemeinschaft für Adoptionread Gospertstrasse 1 B - 4700 Eupen Fax.
: + 32 (87) 55 64 74 tel. ": + 32 (87) 59 63 46 e-Mail: email@example.com Kontaktperson: Herr Michael Fryns ' this community central authority is competent in the German speaking region.
(This text annuls and replaces the one published in the Moniteur Belgian No. 173, 1 June 2005, pages up to and including 25437 25424).