Whereby The "convention On The Protection Of Children And Cooperation In Respect Of Intercountry Adoption", Signed In The Hague On 29 May 1993 Approved

Original Language Title: Por la cual se aprueba el "Convenio relativo a la protección del niño y a la cooperación en materia de adopción internacional", suscrito en La Haya el 29 de mayo de 1993

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1996 ACT 265

(January 25)

Official Journal No. 42,703, January 30, 1996

By means of which the "Convention on the protection of the child and on cooperation in the field of international adoption", signed in The Hague, on 29 May 1993, is approved.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

Having regard to the text of the Convention on the Protection of the Child and Cooperation in the Field of International Adoption, signed at The Hague on 29 May 1993.

CONVENTION [1] PERTAINING TO PROTECTION

OF THE CHILD AND COOPERATION IN MATTERS

INTERNATIONAL ADOPTION [2]

done at The Hague, 29 May 1993

The States Parties to this Convention,

Acknowledging that for the harmonious development of his personality, the child must grow in a family environment, in a climate of happiness, love and understanding,

Remembering that each State should take, as a matter of priority, appropriate measures to keep the child in his or her family of origin,

Acknowledging that international adoption may present the advantage of giving a permanent family to a child who cannot find a suitable family in their home state,

Convinced of the need to take measures to ensure that international adoptions take place in consideration of the best interests of the child and respect for their fundamental rights, as well as to prevent their abduction, sale or child trafficking,

This is the official Spanish version of the authentic texts in French and English, contained in the Final Act of the 17th Session of the Hague Conference on Private International Law (10-29 May 1993). The comments made by the representatives of the Spanish language countries present in the preparation of the Convention have been incorporated. The use of this translation for signature, ratification and accession to the Convention by the countries of the Spanish language can therefore be recommended in order to avoid the existence of different versions of the same text. This version corresponds to the final edition of the Final Act, prepared by the Permanent Bureau of the Hague Conference on Private International Law.

Wishing to establish to this effect common provisions which take into account the principles recognised by international instruments, in particular by the United Nations Convention on the Rights of the Child of 20 November 1989, and the United Nations Declaration on the social and legal principles applicable to the protection and welfare of children, in particular from the angle of practices in the field of adoption and family placement in the Member States. National and international plans (General Assembly resolution 41/85 of 3 December 1986).

The following provisions have been agreed:

CHAPTER I.

CONVENTION APPLICATION SCOPE

ARTICLE 1o. This Convention is intended to:

(a) Establish guarantees for international adoptions to take place in consideration of the best interests of the child and in respect of the fundamental rights recognized by international law;

(b) Establish a system of cooperation between the Contracting States that ensures respect for such guarantees and, consequently, prevents the removal, sale or trafficking of children;

c) Ensure recognition in the Contracting States of the adoptions made in accordance with the Convention.

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ARTICLE 2o.

1. The Convention applies where a child with habitual residence in a Contracting State (the State of origin) has been, is or is to be moved to another Contracting State ("the State of receipt"), either after its adoption in the State of origin by spouses or a person with habitual residence in the State of receipt, either for the purpose of such adoption in the State of receipt or in the State of origin.

2. The Convention refers only to adoptions which establish a link of affiliation.

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ARTICLE 3o. The Convention ceases to apply if the acceptances referred to in Article 17(c) have not been granted before the child reaches the age of eighteen years.

CHAPTER II.

INTERNATIONAL ADOPTIONS CONDITIONS

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ARTICLE 4. The adoptions considered by the Convention can only take place when the competent authorities of the State of origin:

a) They have established that the child is adoptable;

(b) They have found, having properly examined the possibilities of placement of the child in their home State, that an international adoption is in the best interests of the child;

c) They have been assured that:

1. The persons, institutions and authorities whose consent is required for adoption have been adequately advised and duly informed of the consequences of their consent, in particular in relation to maintenance or rupture, in the adoption of the legal links between the child and his family of origin.

2. Such persons, institutions and authorities have given their consent freely, in the form legally provided for and that this consent has been given or confirmed in writing.

3. Consents have not been obtained by payment or compensation of any kind and that such consents have not been revoked, and

4. The mother's consent, when required, has been given only after the child's birth; and

d) They have been insured, taking into account the age and degree of maturity of the child, that,

1. It has been appropriately advised and duly informed on the consequences of adoption and its consent to adoption, where necessary.

2. The child's wishes and opinions have been taken into consideration.

3. The child's consent to adoption, where necessary, has been freely given, in the form legally provided for and that this consent has been given or recorded in writing, and

4. Consent has not been obtained by payment or compensation of any kind.

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ARTICLE 5o. The adoptions considered by the Convention may only take place when the competent authorities of the State of receipt:

a) They have found that prospective adoptive parents are suitable and fit to adopt;

b) They have ensured that prospective adoptive parents have been properly advised; and

c) They have found that the child has been or will be allowed to enter and reside permanently in that State.

CHAPTER III.

CENTRAL AUTHORITIES AND ACCREDITED BODIES

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ARTICLE 6o.

1. A Contracting State shall designate a central authority responsible for fulfilling the obligations imposed on it by the Convention.

2. A federal State, a State in which different legal systems are in force or a State with autonomous territorial units may designate more than one central authority and specify the territorial or personal extent of its functions. The State making use of this power shall designate the central authority to which any communication may be sent for transmission to the competent central authority within that State.

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ARTICLE 7o.

1. The central authorities shall cooperate with each other and promote cooperation between the competent authorities of their respective States in order to ensure the protection of children and to achieve the other objectives of the Convention.

2. They will take all appropriate steps directly to:

(a) Provide information on the legislation of their States regarding adoption and other general information, such as statistics and forms;

b) inform each other of the functioning of the Convention and, as far as possible, remove the obstacles to its implementation.

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ARTICLE 8. The central authorities shall take, directly or with the cooperation of public authorities, all appropriate measures to prevent undue material benefits in relation to an adoption and for prevent any practice contrary to the objectives of the Convention.

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ARTICLE 9o. Central authorities shall take, either directly or with the cooperation of public authorities or other bodies duly accredited in their State, all appropriate measures, in particular for:

a) Reunite, conserve, and exchange information regarding the status of the child and future adoptive parents to the extent necessary for the adoption;

b) Facilitate, follow and activate the adoption procedure;

(c) Promote, in their respective States, the development of advisory services in the field of adoption and for the follow-up of adoptions;

d) Interchange general assessment reports on international adoption experiences;

(e) to respond, to the extent permitted by the law of its State, to requests for information in respect of a particular situation of adoption by other central authorities or public authorities.

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ARTICLE 10. You can only obtain and retain accreditation by organizations that demonstrate their ability to properly perform the functions that they may be able to trust.

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ARTICLE 11. An accredited organism must:

(a) Pursue for non-profit purposes only, under the conditions and within the limits set by the competent authorities of the State which has accredited it;

b) Being directed and administered by qualified persons for their moral integrity and for their training or experience to act in the field of international adoption; and

(c) Be subject to the control of the competent authorities of that State in terms of its composition, functioning and financial situation.

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ARTICLE 12. An agency accredited in a Contracting State may only act in another Contracting State if it has been authorized by the competent authorities of both States.

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ARTICLE 13. The designation of the 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 Office of the Hague Conference on Private International Law.

CHAPTER IV.

ADOPTION CONDITIONS REGARDING ADOPTIONS

INTERNATIONAL

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ARTICLE 14. Persons with habitual residence in a Contracting State who wish to adopt a child whose habitual residence is in another Contracting State shall be directed to the central authority of the State of his habitual residence.

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ARTICLE 15.

1. If the central authority of the receiving State considers that the applicants are appropriate and fit to adopt, it shall prepare a report containing information on their identity, legal capacity and fitness to adopt, their personal situation, family and medical care, their social environment, the motives that encourage them, their ability to assume an international adoption as well as the children who would be in a position to take up their position.

2. This central authority shall transmit the report to the central authority of the State of origin.

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ARTICLE 16.

1. If the central authority of the State of origin considers that the child is adoptable;

a) Prepare a report, containing information on the child's identity, adoptability, social environment, personal and family developments, medical history, and family, as well as their particular needs;

(b) Ensure that due consideration has been given to the conditions of education of the child as well as its ethnic, religious and cultural background;

c) Ensure that the consents provided for in article 4or are obtained. and

d) Constatara if, based especially on reports concerning the child and future adoptive parents, the intended placement is due to the best interest of the child.

2. This central authority shall transmit to the central authority of the receiving State its report on the child, proof that the required consents have been obtained and the reasons for the decision relating to the placement, seeking not to disclose the the identity of the mother and father, if the identity of the mother and father cannot be disclosed.

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ARTICLE 17. In the Home State only the child can be trusted to future adoptive parents if:

(a) The central authority of the State of origin has ensured that the prospective adoptive parents have expressed their agreement;

(b) The central authority of the receiving State has approved such a decision if required by the law of that State or the central authority of the State of origin;

c) The central authorities of both States agree that the adoption procedure should be followed; and

d) It has been established, in accordance with Article 5, that prospective adoptive parents are suitable and fit to adopt and that the child has been or will be allowed to enter and reside permanently in the State of reception.

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ARTICLE 18. The central authorities of both States shall take all necessary measures to ensure that the child receives the authorization to leave the State of origin as well as permanent entry and residence in the country. Status of receipt.

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ARTICLE 19.

1. Only the child may be moved to the receiving State if the requirements of Article 17have been observed.

2. The central authorities of both States shall ensure that the movement is carried out safely, under appropriate conditions and, where possible, in the company of the adoptive parents or the prospective adoptive parents.

3. If the child's displacement does not occur, the reports referred to in Articles 15 and 16 will be returned to the authorities that issued them.

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ARTICLE 20. The central authorities shall be kept informed of the adoption procedure and the measures taken to finalize it, as well as the development of the probative period, if required.

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ARTICLE 21. If the adoption must take place in the State of receipt after the child's displacement and the central authority of that State considers that the maintenance of the child in the receiving family no longer responds to its higher interest, this central authority shall take the necessary measures for the protection of the child, in particular:

a) Withdraw the child from the people who wanted to take it and care for their caretaker care;

(b) In consultation with the central authority of the State of origin, ensure without delay a new placement of the child in view of its adoption, or failing that, an alternative placement of a lasting nature; the adoption of the child may only take place if the central authority of the State of origin has been duly informed about the new adoptive parents;

c) As a last resort, to ensure the return of the child to the State of origin, if so required.

2. Taking into account in particular the age and degree of maturity of the child, he shall be consulted and, where appropriate, his consent shall be obtained in relation to the measures to be taken in accordance with this Article.

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ARTICLE 22.

1. The functions assigned to the central authority by this Chapter may be exercised by public authorities or by bodies accredited under Chapter III, in accordance with the law of that State.

2. A Contracting State may declare to the depositary of the Convention that the functions conferred on the central authority by Articles 15, 16, href="ley_0265_1996.html#17"> 17, 18, 19, 20 , and 21 may also be exercised in that State, within the limits permitted by the Law and under the control of the competent authorities of the Status, by persons or bodies:

a) Cumplan the conditions of integrity, professional competence, experience and responsibility required by that State; and

b) Be trained by their ethical qualification and by their training or experience to work in the field of international adoption.

3. The Contracting State carrying out the declaration provided for 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 the adoptions of children whose habitual residence is situated in their territory may take place only if the functions conferred on the central authorities are exercised by agreement with the first paragraph.

5. Notwithstanding the fact that the declaration provided for in paragraph 2 has been made, the reports provided for in Articles 15 and 16 shall in any case be prepared under the responsibility of the central authority or other authorities or bodies in accordance with the first subparagraph.

CHAPTER V.

RECOGNITION AND ADOPTION EFFECTS

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ARTICLE 23.

1. An adoption certified in accordance with the Convention by the competent authority of the State in which it has taken place shall be recognised in full in the other Contracting States. The certification shall specify when and for whom the acceptances referred to in Article 17have been granted.

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 certification. It shall notify any changes to the designation of these authorities.

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ARTICLE 24. Only recognition of an adoption in a Contracting State may be refused if such adoption is manifestly contrary to its public order, taking into account the best interests of the child.

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ARTICLE 25. Any Contracting State may declare to the depositary of the Convention that it will not recognize under the provisions of the Convention the adoptions made under an agreement concluded in application of the Article 39, paragraph 2.

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ARTICLE 26.

1. Recognition of adoption involves recognition:

(a) The filiation link between the child and his adoptive parents;

b) From the responsibility of the adoptive parents to the child;

(c) The breakdown of the pre-existing affiliation link between the child and his/her mother and father, if the adoption produces this effect in the Contracting State in which it has taken place.

2. If the adoption has the effect of breaking the pre-existing link, the child shall enjoy, in the State of receipt and in any other Contracting State in which the adoption is recognised, of rights equivalent to those resulting from an adoption. to produce such an effect in each of those States.

3. The preceding paragraphs shall not prevent the application of more favourable provisions to the child which are in force in the Contracting State which recognises the adoption.

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ARTICLE 27.

1. If an adoption made in the State of origin does not have the effect of breaking the pre-existing affiliation link, in the State of receipt which recognises the adoption under the Convention, such adoption may be converted into an adoption which produce such an effect, if:

a) The law of the receiving State permits; and

(b) The consents required in Article 4) and (d) have been or are granted for such adoption;

2. Article 23 shall apply to the decision on the conversion of the adoption.

CHAPTER VI.

GENERAL PROVISIONS

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ARTICLE 28. The Convention does not affect any law of a State of origin that requires the adoption of a child with habitual residence in that State to be in that State or to prohibit the placement of the child in that State. Status of receipt or its posting to the State of receipt prior to adoption.

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ARTICLE 29. There will be no contact between the prospective adoptive parents and the parents of the child or other persons holding the child's guardian until the conditions of the items 4, paragraphs a) to c) and article 5, paragraph a), except where the child's adoption takes place among relatives or unless the conditions set by the authority are met competent of the State of origin.

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ARTICLE 30.

1. The competent authorities of a Contracting State shall ensure the preservation of the information at their disposal relating to the origins of the child, in particular information regarding the identity of their parents as well as the medical history of the child. child and his family.

2. Those authorities shall ensure that the child's or his representative's access to this information is accessible, with due advice, to the extent permitted by the law of that State.

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ARTICLE 31. Without prejudice to the provisions of Article 30, personal data obtained or transmitted in accordance with the Convention, in particular those to which it is refer to items 15 and 16, they may not be used for purposes other than those for which they were obtained or transmitted.

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ARTICLE 32.

1. No one can obtain undue material benefits as a result of an intervention on international adoption.

2. Only direct costs and costs, including reasonable professional fees for individuals who have intervened in the adoption, can be claimed and paid.

3. Directors, administrators and employees of bodies involved in the adoption may not receive disproportionate remuneration in respect of the services provided.

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ARTICLE 33. Any competent authority that finds that there is no respect or that there is a manifest risk that any of the provisions of the Convention will not be respected, shall immediately inform the authority State of the Union. The central authority shall be responsible for ensuring that appropriate measures are taken.

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ARTICLE 34. If the competent authority of the State of destination of a document so requires, an authentic translation must be provided. Unless otherwise provided, the costs of such translation shall be borne by the prospective adoptive parents.

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ARTICLE 35. The competent authorities of the Contracting States shall act promptly in the adoption procedures.

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ARTICLE 36. In relation to a State that has, in terms of adoption, two or more legal systems applicable in different territorial units:

(a) Any reference to the habitual residence in that State shall be understood as referring to the habitual residence in a territorial unit of that State;

(b) Any reference to the law of that State shall be construed as referring to the law in force in the relevant territorial unit;

(c) Any reference to the competent authorities or public authorities of that State shall be understood as referring to the authorities authorised to act in the relevant territorial unit;

d) Any reference to the accredited bodies of that State shall be understood as referring to the bodies accredited in the relevant territorial unit.

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ARTICLE 37. In relation to a State that has, in the field of adoption, two or more legal systems applicable to different categories of persons, any reference to the law of that State shall be understood as referring to the legal system as determined by the law of that State.

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ARTICLE 38. A Contracting State in which different territorial units have their own rules of adoption shall not be obliged to apply the rules of the Convention when a State with a system Unit legal would not be obliged to do so.

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ARTICLE 39.

1. The Convention shall not derogate from international instruments in which the Contracting States are parties and which contain provisions on matters governed by this Convention, unless otherwise declared by the States bound by them. instruments.

2. Any Contracting State may conclude with one or more Contracting States agreements in order to facilitate the application of the Convention in its reciprocal relations. These agreements can only repeal the provisions contained in 14, 15, 16, 18, 19, 20 , and 21. The States concluding such agreements shall transmit a copy thereof to the depositary of this Convention.

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ARTICLE 40. No reservation is allowed to the Convention.

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ARTICLE 41. The Convention shall apply whenever an application made pursuant to Article 14 is received after the entry into force of the Convention in the State of origin and in the State of receipt.

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ARTICLE 42. The Secretary-General of the Hague Conference on Private International Law will periodically convene a Special Commission to examine the practical operation of the Convention.

CHAPTER VII.

FINAL CLAUSES

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ARTICLE 43.

1. The Convention shall be open to the signature of the States which were members of the Hague Conference on Private International Law at the time of its 17th Session and of the other States participating in that Session.

2. It shall be ratified, accepted or approved, and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.

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