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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LAW 265
1996 (January 25)
Official Gazette No. 42703 of January 30, 1996
Through which the "Convention on the Protection of Children and approving cooperation international adoption ", signed in the Hague on 29 May 1993. Summary

Term Notes

THE CONGRESS OF COLOMBIA DECREES:
having regard to the text of the "Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption", signed in The Hague on 29 May 1993. | || CONVENTION [1] ON THE PROTECTION AND CHILD
COOPERATION
INTERNATIONAL ADOPTION [2]
done at The Hague on May 29, 1993
The States signatory to this Convention ,
Recognizing that for the harmonious development of their personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding,
Recalling that each State should take, as a priority, appropriate measures that allow to keep the child in their family of origin,
Recognizing that intercountry adoption may offer the advantage of a permanent family to a child who can not find a suitable family in their home state, Convinced of the need
to adopt measures to ensure that intercountry adoptions take place in the best interests of the child and respect for their fundamental rights and to prevent the abduction, sale or trafficking of children,
it is the unofficial language version Spanish of authentic texts in French and English, contained in the Final Act of the seventeenth Session of the Hague Conference on Private International law (10-29 May 1993). They have incorporated the observations made by the representatives of Spanish-speaking countries present in the preparation of the Convention. It can therefore be informally recommended the use of this translation for signature, ratification and accession to the Convention by the countries of Spanish language, 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.
Desiring to establish common provisions to this effect to take into account the principles recognized by international instruments, especially the United Nations Convention on the Rights of the Child of 20 November 1989, and the UN Declaration on social and legal principles applicable to the protection and welfare of children, considered especially from the angle of the practices in adoption and family placement at national and international levels (resolution 41/85 of the General Assembly of December 3, 1986).
Have agreed the following provisions:

CHAPTER I. SCOPE OF THE CONVENTION
ARTICLE 1o. This Convention aims:
a) establish safeguards to ensure that intercountry adoptions take place in the best interests of the child and the respect of fundamental rights under international law;
B) Set up a system of cooperation between the Contracting States to ensure that those safeguards are respected and thereby prevent the abduction, sale or trafficking of children;
C) To ensure the recognition in Contracting States of adoptions made in accordance with the Convention.
Article 2.
.
1. The Convention where a child habitually resident applies in a Contracting State ( "the State of origin") has been, is or will be moved to another Contracting State ( "the receiving State") either after its adoption in the State of origin by spouses or a person habitually resident in the receiving State, or for the purposes of such an adoption in the receiving State or in the State of origin.
2. The Convention covers only adoptions which create a bond of filiation.

ARTICLE 3. The Convention ceases to apply if they have not been given the agreements under Article 17, paragraph c) refers, before the child reaches the age of eighteen.
CHAPTER II.
TERMS OF INTERNATIONAL ADOPTIONS

ARTICLE 4. An adoption within the Convention can only take place if the competent authorities of the State of origin:
a) have established that the child is adoptable;
B) have determined, after properly examined the possibilities of placing the child in his State of origin, international adoption the best interests of the child;
C) they have ensured that:

1. Individuals, institutions and authorities whose consent is necessary for adoption, have been counseled and duly informed of the consequences of their consent, particularly in relation to maintenance or breakdown, by virtue of the adoption of the legal relationship between the child and her family of origin.
2. Such persons, institutions and authorities have given their consent freely, in the required legal form, and that this consent has been given or evidenced in writing.
3. Consents have not been induced by payment or compensation of any kind and that such consents have not been revoked, and
4. The consent of the mother, where required, has been given only after the birth of the child; and
d) have ensured, taking into account the age and maturity of the child, that
1. It has been properly counseled and duly informed of the consequences of adoption and consent to the adoption, where required.
2. They have taken into consideration the wishes and views of the child.
3. The child's consent to the adoption, where necessary, has been given freely, in the required legal form, and that this consent has been given or evidenced in writing, and
4. The consent has not been induced by payment or compensation of any kind.

The 5th ITEM. An adoption within the Convention can only take place if the competent authorities of the receiving State:
a) have determined that the prospective adoptive parents are eligible and suited to adopt;
B) they have ensured that the prospective adoptive parents have been properly advised;
and c) they have determined that the child is or will be authorized to enter and reside permanently in that State.
CHAPTER III.
CENTRAL AUTHORITIES AND ACCREDITED BODIES

ARTICLE 6o.
1. Contracting State shall designate a central authority to comply with the obligations imposed by the Convention.
2. A federal State, a State in which they are different legal systems in force or a State with autonomous territorial units may designate more than one central authority and to specify the territorial or personal extent of their functions. The State making use of this option, designate the central authority to which any communication may be addressed for transmission to the appropriate 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 to achieve other objectives of the Convention.
2. They shall take directly all appropriate measures:
a) Provide information on the laws of their States concerning adoption and other general information, such as statistics and standard forms;
B) another informed about the operation of the Convention and, as far as possible, eliminate obstacles to its application.

Article 8. The central authorities shall, directly or through public authorities, all appropriate measures to prevent improper financial gain in connection with an adoption and to deter all practices contrary to the objects of the Convention measures.

Article 9. The central authorities shall, either directly or through public authorities or other bodies duly accredited in their State, all appropriate measures, especially for:
a) collect, preserve and exchange information on the situation child and the prospective adoptive parents to the extent necessary to complete the adoption;
B) facilitate, follow and expedite the adoption process;
C) promote, in their respective States, the development of advisory services on adoption and to monitor adoptions;
D) To exchange general evaluation reports about experience with intercountry adoption;
E) Respond to the extent permitted by law in your state, motivated requests for information about a particular adoption situation made by other central authorities or by public authorities.
ARTICLE 10.
can only obtain and retain accreditation bodies demonstrating their competence to carry out properly the functions that may be entrusted.

ARTICLE 11. An accredited body shall:
a) pursue only non-profit, under the conditions and within the limits set by the competent authorities of the State of accreditation;

B) be directed and staffed by persons qualified by their ethical standards and by training or experience to work in the field of international adoption; and
c) be subject to supervision by the competent authorities of that State as to its composition, operation and financial situation.

ARTICLE 12. A body accredited in one Contracting State may act in another Contracting State if it has been authorized by the competent authorities of both States.

ARTICLE 13. The appointment 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 Bureau of the Conference of the beech on Private International law.
CHAPTER IV.
CONDITIONS OF PROCEDURE REGARDING INTERNATIONAL ADOPTIONS


ARTICLE 14. Persons habitually resident in a Contracting State wishing to adopt a child habitually resident in another Contracting State, shall apply to the central authority of the State of habitual residence.
ARTICLE 15.

1. If the central authority of the receiving State is satisfied that the applicants are eligible and suited to adopt, it shall prepare a report containing information about their identity, eligibility and suitability to adopt, background, family and medical situation, social environment, reasons they encourage their ability to undertake an intercountry adoption as well as the children who would be able to take over.
2. This central authority shall transmit the report to the central authority of the State.
ARTICLE 16.

1. If the central authority of the State of origin considers that the child is adoptable;
A) prepare a report including information about the identity of the child, adoptability, social environment, personal and family history, medical history and your family as well as any special needs;
B) Ensure that have been duly taken into account the conditions of education of the child as well as ethnic, religious and cultural background;
C) Ensure that consents have been obtained under Article 4o. and
d) determine, especially based on reports on the child and the prospective adoptive parents, the envisaged placement is in the best interests of the child.
2. This central authority shall transmit to the central authority of the receiving State its report on the child, proof that they have obtained the required consents and motivation of the decision on the placement, taking care not to reveal the identity of the mother and father if in the State of origin can not be divulged his identity.

ARTICLE 17. In the State of origin only may entrust the child to the prospective adoptive parents if:
a) The central authority of the State of origin has ensured that the prospective adoptive parents agree;
B) The central authority of the receiving State has approved such decision if required by the law of that State or the central authority of the State;
C) The central authorities of both States agree that the adoption procedure is followed; and
d) has been determined, 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 so that the child receives authorization to leave the State of origin and to enter and reside permanently in the receiving State.
ARTICLE 19.

1. You can only move the child to the receiving State have been observed if the requirements of Article 17.
2. The central authorities of both States shall ensure that the movement is safely under appropriate conditions and, where possible, in the company of the adoptive parents or prospective adoptive parents.
3. If the transfer of the child does not take place, the reports referred to in Articles 15 and 16 will be returned to the authorities who forwarded them.

Article 20. The central authorities will keep each other informed about the adoption process and the measures taken to complete it, as well as on the development of the probationary period, if required.


ARTICLE 21. If the adoption must take place in the receiving State after the transfer of the child and the central authority of that State considers the maintenance of the child in the family receiving no longer responds to their best interests, this authority Central take the necessary measures for the protection of children, especially for:
a) Remove the child from the prospective adoptive parents and to arrange temporary care;
B) In consultation with the central authority of the State of origin, to arrange without delay a new placement of the child for adoption, or failing that, an alternative placement of a lasting nature; child adoption may take place only if the central authority of the State of origin has been duly informed concerning the new prospective adoptive parents;
C) As a last resort, to arrange the return of the child to the State of origin, if required interest.
2. Considering especially the age and maturity of the child, it shall be consulted and, where appropriate, their consent to be obtained regarding measures to take in accordance with this article.
ARTICLE 22.

1. The functions of the central authority by this Chapter may be performed by public authorities or by bodies accredited under Chapter III, to the extent provided by the law of that State.
2. Any Contracting State may declare to the depositary of the Convention that the functions of the Central Authority under Articles 15, 16, 17, 18, 19, 20 and 21 may be performed in that State, within the limits permitted by law and under the control of the competent authorities of that State by persons or bodies:
a) meet the conditions of integrity, professional competence, experience and accountability of that State;
and b) are qualified by their ethical standards and by training or experience to work in the field of international adoption.
3. The Contracting State which makes the declaration under paragraph 2 shall keep the Permanent Bureau of the Hague Conference on Private International Law of the names and addresses of these bodies and persons.
4. Any Contracting State may declare to the depositary of the Convention that adoptions of children habitually resident in its territory may only take place if the functions of the central authorities are exercised in accordance with the first paragraph.
5. Although it has been made the declaration under paragraph 2, the reports provided for in Articles 15 and 16 shall, in any case, under the responsibility of the central authority or other authorities or bodies in accordance with the first subparagraph .

CHAPTER V. RECOGNITION AND EFFECTS OF THE ADOPTION

ARTICLE 23.

1. A certified under the Convention by the competent authority of the State where it has taken place, adoption will be recognized automatically in the other Contracting States. The certificate shall specify when and by whom have been granted the agreements under Article 17, paragraph c is concerned.
2. Any Contracting State at the time of signature, ratification, acceptance, approval or accession, 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. It likewise notify any change in the designation of these authorities.
ARTICLE 24.
may only be refused recognition of an adoption in a Contracting State only if the adoption is manifestly contrary to its public policy, taking into account the interests of the child.

Article 25. A Contracting State may declare to the depositary of the Convention not recognized under the provisions of adoptions made in accordance with an agreement concluded under Article 39, paragraph 2.
ARTICLE 26.

1. The recognition of an adoption includes recognition:
a) the parent-child relationship between the child and the adoptive parents;
B) the responsibility of the adoptive parents for the child;
C) The termination of a pre-existing relationship between the child and his mother and father, if the adoption has this effect in the Contracting State in which it has taken place.
2. If the adoption has the effect of terminating a pre-existing parent-child relationship, the child shall enjoy in the receiving State and in any other Contracting State where the adoption of equivalent rights recognized to those resulting from an adoption having such an effect in each of those States.

3. The foregoing paragraphs shall not prevent the application of more favorable for the child provisions in force in the Contracting State which recognizes the adoption.
ARTICLE 27.

1. If an adoption granted in the State of origin does not have the effect of terminating a pre-existing affiliation, in the receiving State which recognizes the adoption under the Convention, such adoption can be converted into an adoption having such an effect, if: | || a) the law of the receiving State permits; and
b) The consents required under Article 4 c) and d) have been or are given for such adoption;
2. Article 23 applies to the decision converting the adoption.
CHAPTER VI. GENERAL PROVISIONS


ARTICLE 28. The Convention does not affect any law of a State of origin that requires the adoption of a child habitually resident in that State take place in that State or prohibiting the placement of the child in the receiving State or its movement to the receiving State prior to adoption.

ARTICLE 29. There shall be no contact between the prospective adoptive parents and the child's parents or other persons having custody of it until they have fulfilled the conditions of Article 4, paragraphs a) to c) and Article 5 paragraph a), unless the adoption takes place within a family or unless the conditions established by the competent authority of the State of origin are met.
ARTICLE 30.

1. The competent authorities of a Contracting State shall ensure the preservation of information at their disposal concerning the child's origin, in particular information regarding the identity of their parents and the medical history of the child and his family.
2. They shall ensure access, with appropriate guidance, the child or his representative to this information to the extent permitted by the law of that State.

ARTICLE 31. Without prejudice to the provisions of Article 30 personal data obtained or transmitted under the Convention, particularly those referred to in Articles 15 and 16 may not be used for purposes other than those for which they were obtained or transmitted.
ARTICLE 32.

1. No one can derive improper benefits as a result of an activity related to an intercountry adoption.
2. You may only claim and pay direct costs and expenses, including reasonable professional fees of persons who have participated in the adoption.
3. The directors, administrators and employees of bodies involved in an adoption shall not receive remuneration disproportionate in relation to the services provided.

ARTICLE 33. Any competent authority finding that has not been respected or that there is a clear risk that is not respected any of the provisions of the Convention shall immediately inform the central authority of their state. That central authority shall be responsible for ensuring that appropriate measures are taken.

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

Article 35 The competent authorities of the Contracting States shall act expeditiously in the process of adoption.

ARTICLE 36. In relation to a State which with regard to adoption, two or more legal systems applying in different territorial units:
a) Any reference to habitual residence in that State shall be construed as referring to the residence usual 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 competent authorities or public authorities of that State shall be referring to those authorized to act in the relevant territorial unit;
D) Any reference to the accredited bodies of that State shall be construed as referring to bodies accredited in the relevant territorial unit.

ARTICLE 37. In relation to a State which with regard to adoption, two or more applicable to different categories of persons legal systems, any reference to the law of that State shall be referred to the legal system specified by the law that State.


Article 38. A State within which different territorial units have their own rules for adoption shall not be bound to apply the rules of the Convention where a State with a unified system of law would not be obliged to do so.
ARTICLE 39.

1. The Convention does not affect any international instrument to which Contracting States are Parties and which contains provisions on matters governed by this, unless otherwise stated by the States Parties to such instrument.
2. Any Contracting State may conclude with one or more Contracting States agreements to promote the implementation of the Convention in their mutual relations. These agreements may derogate only from the provisions of Articles 14, 15, 16, 18, 19, 20 and 21. States which have concluded such agreement shall transmit a copy thereof to the depositary of this Convention.

ARTICLE 40. No reservation may be made to the Convention.

Article 41. The Convention shall apply to an application pursuant to Article 14 has been received after the entry into force of the Convention in the State of origin and the receiving State.

ARTICLE 42. The Secretary General of the Hague Conference on Private International Law at regular intervals convene a Special Commission to review the practical operation of the Convention.
CHAPTER VII. FINAL PROVISIONS

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 was held and the other participating countries 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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