Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2013-1158 of 16 December 2013 authorizing the ratification of the treaty between the French Republic and the Russian Federation on cooperation in the field of adoption;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 90-917 of 8 October 1990 publication of the Convention on the Rights of the Child, signed in New York on 26 January 1990,
Decrete:
The Treaty between the French Republic and the Russian Federation on Cooperation in the Field of Adoption, signed in Moscow on 18 November 2011, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
TRAVEL
BETWEEN THE FRENCH REPUBLIC AND RUSSIAN FEDERATION ON COOPERATION IN THE FIELD OF ADOPTION
The French Republic and the Russian Federation, referred to as the Contracting Parties".
Considering the principles set forth in the Convention of 20 November 1989 on the Rights of the Child;
Convinced that to ensure a harmonious development of the personality of the child, the child must grow in a family environment made of happiness, love and understanding;
Acknowledging that each Contracting Party must take appropriate measures to maintain the child in its original family and, if not impossible, to place the child in order to ensure his/her education with a substitute family in his/her State;
Considering that international adoption (hereafter referred to as "adoption") may provide the child with the benefits associated with the existence of a stable family if it is not possible to find him in his State of origin a suitable family;
Recognizing that the child adopted under this Treaty must be guaranteed by the Contracting Parties the same rights and benefits as those guaranteed to it as a national of the host State.
The following agreed:
I. General provisions
Article 1
1. The fundamental concepts used in this Treaty are defined as follows:
(a) "Reception State" means the Contracting Party in which the child resides or resides, on a permanent basis, after adoption by spouses or by a single person;
(b) "State of origin" means the Contracting Party of which the child has nationality and in which he or she resides or resides permanently before adoption;
(c) "central authority" means:
for the French Party, the Ministry of Foreign and European Affairs of the French Republic;
for the Russian Party, the Ministry of Education and Science of the Russian Federation.
The Contracting Parties shall inform each other by diplomatic means of changes at the level of the central authorities;
(d) "regional authority" means:
- for the French Party, the competent decision-making body of the department of the French Republic responsible for the protection of children for the place of residence of the child to be adopted;
- for the Russian Party, the executive authority of a subject of the Russian Federation shall be vested in the regional operator of the National Data Bank for Children deprived of parental care for the place of residence of the child to be adopted;
(e) "approved body" means an authority or public body or a private non-profit organization authorized by the central authority of one of the Contracting Parties, in possession of the appropriate approval from the central authority of the other Contracting Party and engaged in adoption activities in accordance with Articles 5, 10, 12 and 15 of this Treaty;
(f) "document attesting to the ability of applicants for adoption and their disposition to adopt a child" means:
for the French Party, approval for adoption;
- for the Russian Party, the opinion on living conditions and the possibility of adopting.
2. For the purposes of this Treaty, the competent authority shall be defined as follows:
(a) "competent authority responsible for issuing the document certifying the capacity of applicants for adoption and their disposition to adopt a child" means:
- for the French Party, the President of the General Council of the Department of the French Republic where the candidates for adoption reside, or his representative;
― for the Russian Party, the guardianship and guardianship agency of the place of residence of the candidates for adoption;
(b) "competent authority responsible for making the adoption decision" means:
- for the French Party, the Court of Grand Instance or the Court of Appeal with appropriate powers under the legislation of the French Republic, competent for the place of residence of the child to be adopted;
- for the Russian Party, the Supreme Court of the Republic or the Regional Court, the Federal-Status City, the Autonomous Region or the Autonomous District competent for the place of residence of the child to be adopted or for the place where the child is located;
(c) "competent authority responsible for monitoring the living and education conditions of the adopted child" means:
- for the French Party, the approved body that has assisted the adoption of the child;
- for the Russian Party, the guardianship and guardianship body of the place of residence of adopters and the adopted child.
Article 2
1. The adoption of a child under this Treaty can only take place if it has proved impossible to place it in order to ensure its education or to entrust it to a family in a position to take charge of its education or adoption in the State of origin in the manner established by the legislation of that State and if its adoption by candidates for adoption of the host State meets the best interests of the child.
2. The adoption made under this Treaty entails the final termination of the relationship between the opponent and his or her parents of origin and related persons, and creates a filiation link between the child and the adopter (the adopters).
3. The children adopted under this Treaty and their descendants shall have the same rights and duties as parental and extra-territorial as those resulting from blood filiation in respect of the adopted children and their descendants, as well as the adopters and their families.
4. This Treaty applies to cases where a child, a national of a Contracting Party and a permanent resident in its territory, is adopted by spouses who reside permanently in the territory of the other Contracting Party and have at least one of them a nationality of that Contracting Party, or by a single person permanently residing in the territory of the other Contracting Party and having the nationality of that other Contracting Party (hereinafter referred to as the adoption)
Article 3
1. This Treaty is concluded to protect in all areas the rights and legitimate interests of the child to be adopted.
2. The Contracting Parties shall cooperate to ensure that adoption results from the expression of the free and informed will of all interested persons, in accordance with the laws of the Contracting Parties and the Convention of 20 November 1989 on the Rights of the Child.
3. The Contracting Parties shall take all measures provided for in their legislation to prevent and suppress any illegal activity with respect to children to be adopted, including activities that have the effect of drawing from adoption a financial or other benefit as well as unlawful acts such as abduction, substitution, trade, exploitation by child labour, sexual abuse and exploitation of children and any other activity contrary to the objectives of this Treaty.
4. If accredited bodies of the receiving State carry out adoption activities in the territory of the State of origin, the adoption of a child under this Treaty may only take place with the assistance of these bodies.
5. The adoption of a child by persons who are related to him, recognized as such by the legislation of the State of origin, may take place without the assistance of a registered body if such terms are provided by the legislation of the host State.
Article 4
1. The central authorities cooperate with the authorities and bodies of the competent Contracting Parties in the field of the protection of the rights and legitimate interests of children and promote cooperation between these authorities and agencies.
2. In order to carry out the activities provided for in this Treaty, the central authorities are entitled to delegate certain powers to the approved bodies, in accordance with the procedure established by the laws of the Contracting Parties.
3. The central authorities control the activity of the accredited bodies and inform each other with respect to any offence committed by an accredited body of which they would have known.
4. The documents that the central authorities address each other are established in the language of the requested State or accompanied by a translation into the language of the requested State.
Article 5
1. The central authority of each Contracting Party shall not delegate any allocation for adoption in the State of the other Contracting Party to approved bodies whose purpose is not to profit and recognized as such by the laws of the Contracting Parties led by persons whose moral and professional qualities are irreproachable and whose activity in the other State contributes to the respect of the rights of the child. The approved body shall, inter alia, justify the existence of an appropriate structure and personnel trained to work in the territory of the other Contracting Party.
2. An authorized body of a Contracting Party may carry out its activities in the territory of the other Contracting Party only after obtaining the appropriate approvals from the central authorities of the two Contracting Parties. Such approvals shall remain in effect until they have been revoked.
The approved body that seeks approval in the State of origin must meet the requirements of the legislation of that State. The rights and obligations of the approved body and the modalities of its operation in the State of origin are established by the legislation of that State.
3. The Contracting Parties may agree on the number of registered bodies that lend their assistance to the adoption of children in the territory of the State of origin.
4. The approved bodies operate under the control of the central authorities of the two Contracting Parties. In the event that there are breaches committed by the accredited bodies, the central authority of the State of origin may take measures to limit the activities of such a body, or to withdraw its authorization to carry out its adoption activities in the territory of the State of origin, and may also request the central authority of the host State to limit the activities of the authorized body, or even to withdraw its powers.
5. By mutual agreement of the Contracting Parties and on the basis of the approval granted in writing by the central authority of the State of origin, an approved body shall assist the candidates for adoption in the implementation of the adoption procedure pursuant to Articles 10, 12 and 15 of this Treaty.
II. - Applicable legislation
Article 6
1. The conditions under which a child may be adopted, including the establishment of the fact that he is deprived of the care of his or her parents and that it has not appeared possible to place him or her in order to ensure his or her education or to entrust him to a family in a position to consider his or her education or adoption in the State of origin, are defined by the legislation of the State of origin.
In addition, the legislation of the State of origin specifies the persons and/or authorities whose consent for adoption is required, as well as the need to collect the consent of the child and the form of that consent.
2. Candidates for adoption must meet the requirements established by the laws of both Contracting Parties and this Treaty.
Article 7
1. Candidates for adoption who wish to initiate an adoption procedure under this Treaty must refer to the competent authority of the host State referred to in Article 1(2)(a) of this Treaty.
2. The competent authority of the host State referred to in article 1, paragraph 2, paragraph 2 (a), of this Treaty certifies, by the issuance of the document attesting the capacity of the candidates for adoption and their disposition to adopt a child, that the persons who have seized it meet the requirements of the candidates for adoption by the legislation of the host State.
The document attesting to the capacity of the adoption candidates and their disposition to adopt a child granted in accordance with the legislation of the host State is valid for the duration of the adoption procedure, which must be initiated within a maximum of one year from the date of issue of the document.
III. - Adoption procedure
Article 8
1. The adoption procedure shall be implemented in accordance with this Treaty and the laws of the Contracting Parties.
2. The decision on the adoption of a child shall be pronounced by the competent authority of the State of origin referred to in article 1, paragraph 2, subparagraph (b), of this Treaty.
Article 9
1. The central authority of the host state:
(a) verifies and certifies that the candidates for adoption are in possession of a document attesting their capacity and disposition to adopt a child, issued by the competent authority of the host State referred to in article 1, paragraph 2, paragraph 4, of this Treaty and in the manner established by this Treaty and by the legislation of the receiving State;
(b) verifies and certifies that applicants for adoption are in possession of documents that certify that they have followed appropriate preparation and have received the necessary information for adoption, including the particularities of the adoption of private children of the family as well as the culture and family and social environment of the State of origin;
(c) issue to adopt candidates an authorization to continue the adoption procedure of the child and certify that the child will be allowed to enter and reside permanently in the territory of the host State after the adoption decision in the State of origin has become enforceable;
(d) exercises control over the fulfilment by the approved body of the obligations relating to the monitoring of the conditions of life and education of adopted children and to the submission of the monitoring reports and information concerning them;
(e) suspends, on an interim basis, the authorization granted to an approved body with respect to the conclusion of new conventions with applicants for adoption if the approved body does not comply with the monitoring obligations relating to the living conditions and education of adopted children and to the submission of follow-up reports and information concerning them or other breaches; informs the central authority of the State of origin;
1. In the event of a cessation of activity of a registered body and having previously notified the central authority of the State of origin, shall exercise the monitoring of the living conditions and the education of the adopted children with the assistance of the said approved body, shall submit the monitoring reports and the information concerning them and shall assist in the completion of the adoption procedures already initiated with its participation in accordance with the legislation of the State of origin, or shall entrust such obligations to another.
2. The powers mentioned in paragraph 1 of this article may be exercised by a regional authority of the receiving State if such is the rule established by the legislation of the receiving State.
Article 10
1. The approved body of the host State shall transmit to the regional authority of the State of origin, in accordance with the terms established by the legislation of that State, the following documents and information relating to candidates for adoption:
(a) a written request from the adoption candidates and expressing the wish to adopt a child and to learn of the information concerning him;
(b) the mentions on the identity documents of the adoption candidates (name and surname, sex, date of birth, number and other references of the identification document, place of residence), information relating to their civil status and photographs of the candidates;
(c) the document attesting to the capacity of the candidates for adoption and their disposition to adopt a child issued by the competent authority of the host State referred to in Article 1(2)(a) of this Treaty;
(d) a socio-psychological investigation report on candidates for adoption issued by the competent authority authorized for this purpose under the legislation of the host State, if the latter provides for the issuance of such a report;
e) the documents that attest, in accordance with the legislation of the State of origin, to the socio-economic living conditions of the applicants for adoption, including their annual income, the existence of housing, their employment, their social environment and the medical certificate attesting to the state of health.
2. The approved body of the receiving State shall submit to the competent authority of the State of origin referred to in article 1, paragraph 2, subparagraph (b), of this Treaty the request for adoption of the child, to which are attached the documents referred to in paragraph 1 of this article as well as the other documents provided by the legislation of the State of origin, including a medical certificate attesting to the state of health of the candidates for adoption. This medical certificate is established in the form provided for in the legislation of the receiving State and must attest to the absence of constitutive conditions of an impediment to adoption if such provision is provided for in the legislation of the State of origin.
3. The documents relating to the adoption procedure shall be put in place in accordance with the terms and conditions established by the Convention of 5 October 1961 removing the requirement for legalization of foreign public acts. The translation of these documents from one language to another is legalized in the manner established by the laws of the Contracting Parties.
Article 11
The competent authority of the State of origin referred to in article 1, paragraph 2, subparagraph (b), of this Treaty shall:
(a) that the child is deprived of the care of his or her parents and may, under the legislation of the State of origin, be placed to ensure his or her education or entrusted to a family in a position to take charge of his or her education or adoption;
(b) that the child cannot, in the State of origin, be placed in order to ensure his or her education or entrusted to a family in a position to take charge of his or her education or adoption in the manner established by the legislation of the State of origin and that, as such, his or her adoption in accordance with article 2, paragraph 4, of this Treaty shall meet his or her interests and may be considered as a means of substitution in order to ensure his or her education;
(c) that persons and authorities whose consent is required for adoption have been informed of the legal effects of adoption in the receiving State and of those of their consent to adoption in the receiving State under this Treaty, in particular of the rupture of the filiation between the adopted child and its parents of origin and related persons, and that these persons and authorities have given their own consent in view of the adoption
(d) that persons and authorities whose consent is required for adoption have given the adoption without remuneration or remuneration of any kind;
(e) that the consent for adoption given by the parents (or by the single parent), if required, was given after the birth of the child;
(f) that the child who has attained the age to which, under the legislation of the State of origin, his or her consent for adoption is required has given the child according to the procedure established by the legislation of that State;
(g) that a child who has attained the age to which, under the legislation of the State of origin, his or her consent to the acquisition of the nationality of the host State is required, gave the State in accordance with the terms established by the legislation of the State of origin.
Article 12
1. The regional authority of the State of origin shall select, in accordance with the legislation of that State, the candidates for adoption best suited to a child meeting all the conditions set out in article 11 of this Treaty and taking into account the information contained in the documents listed in article 10 of this Treaty.
2. The regional authority of the State of origin shall transmit to the approved body the following documents and information relating to the child proposed for adoption:
(a) its first name and surname, sex, date and place of birth, a photograph of the child on the date of the initiation of the adoption procedure and its place of habitual residence;
(b) evidence that the child is deprived of the care of his or her parents and that he or she may, under the legislation of the State of origin, be placed in order to ensure his or her education or entrusted to a family in a position to take charge of his or her education or adoption;
(c) information on the family of the child, the evolution of the child and the social environment in which he lives;
(d) the modalities of the education of the child and its needs and specificities;
(e) a medical certificate certifying the health of the child and, if available, information on the health status of the child's parents.
3. The approved body shall inform the regional authority of the State of origin, in writing and within the shortest time limits after the establishment of the candidates for adoption with the child to be adopted, of the agreement of the candidates to adopt the child and shall transmit the necessary documentation to the competent authority of the State of origin referred to in Article 1(2)(b) of this Treaty.
Article 13
1. After the adoption decision of the competent authority of the State of origin referred to in article 1, paragraph 2, subparagraph (b), of this Treaty has become enforceable in the territory of the State of origin, the adopters are obliged to come and seek the adopted child in the institution where he is located, pending the issuance of the visa by the host State.
2. In the event of a refusal by the host State to issue a visa to the adopted child, the central authority of the receiving State shall inform, as soon as possible, the central authority of the State of origin which, under national legislation, shall take measures in accordance with the defence of the rights and the best interests of the child.
Article 14
1. The decision to adopt a child pronounced by the competent authority of the State of origin referred to in article 1, paragraph 2, subparagraph (b), of this Treaty in accordance with this Treaty shall be recognized by the host State.
2. The adopted child shall acquire the nationality of the host State as soon as the adoption decision of the competent authority referred to in article 1, paragraph 2, subparagraph (b), of this Treaty has become enforceable, and shall retain the nationality of the State of origin if the legislation of that State so provides.
3. Children adopted under this Treaty, who have become major, who have the nationality of the two Contracting Parties and who have fulfilled their military obligations in the State of one of the Contracting Parties are exempted from it in the State of the other Contracting Party.
Article 15
1. The competent authorities of the receiving State referred to in Article 1, paragraph 2, paragraph 2 (c), of this Treaty are obliged to follow up on the conditions of life and education of the adopted child, as well as the establishment and presentation of follow-up reports, which must include information on his or her psychological and physical evolution and his or her adaptation to his or her new family and social environment, as well as any other information concerning him, in accordance with the terms established by the law of the State of the The competent authorities of the receiving State referred to in Article 1, paragraph 2, paragraph 2 (c), of this Treaty are also required to ensure the registration of the child with the consular post of the State of origin, in accordance with the legislation of that State.
2. If the competent authorities of the host State referred to in Article 1, paragraph 2, paragraph 2 (c), of this Treaty do not comply with their obligations to control the conditions of life and education of the adopted children and do not present to the regional authorities of the State of origin the reports and information concerning them, provided by the legislation of the State of origin and/or by the present Treaty, the central authority of the State
Article 16
1. Issues relating to the placement of a child in another family or, if impossible, in an establishment of the child protection service shall be dealt with in accordance with the laws of the Contracting Parties and taking into account the requirements of this Treaty.
2. If it appears that a child cannot continue to live in the adoption family as it is no longer in accordance with his or her interests or because of other circumstances, the central authority of the host State is required:
(a) to implement all necessary measures to protect the child and to transmit to the central authority of the State of origin information relating to the environment conducive to the harmonious development of the child in which he was placed by decision of the regional authority of the host State;
(b) inform the central authority of the State of origin of the placement of the child in another family for the purpose of his or her education or adoption. In the case of a new adoption, once the child has retained the nationality of his or her State of origin, the adoption may not be pronounced until the original central authority has duly taken note of the information relating to the new candidates for adoption referred to in article 10, paragraph 1, subparagraphs (b) to (c), and paragraph 2 of this Treaty, and has not given its consent for such adoption.
The decision to adopt the child is pronounced by the competent authority of the receiving State in accordance with the legislation of that State.
In the event of placement in another family, education officials or new adopters undertake to assume the obligations relating to his registration with the consular post of the State of origin and the possibility of monitoring his living and education conditions established by the legislation of that State.
After the completion of the adoption procedure, the central authority of the receiving State shall inform the appropriate regional authority of the State of origin of the conditions of life and education of the adopted child, in accordance with the terms and time established by the legislation of the State of origin;
(c) ensure, if the best interests of the child so require and in consultation with the appropriate central authority and regional authority of the State of origin, the return of the child to that State. The costs of organizing this return are borne by the host State.
IV. - Cooperation and information exchange
Article 17
The host State undertakes:
(a) to implement measures to protect children adopted under this Treaty and to guarantee them the same rights and protection measures as children nationals of the host State;
(b) inciting adopters: to respect the commitments they have made under the legislation of the State of origin with regard to the registration of the child adopted at the consular post of the State of origin, to enable the monitoring of its living and education conditions and to facilitate the communication of information concerning the adopted child, the accredited bodies, the appropriate regional authorities of the host State and the consular posts
(c) cooperate with the competent authorities of the State of origin by submitting information on the conditions of life and education of the adopted child, including in the case of placement of a child in another family.
Article 18
1. Contracting Parties shall take all relevant cooperative measures to ensure the success of the adaptation and social integration of the adopted child.
2. The central authorities of the Contracting Parties shall exchange information that may be of interest to both Parties with respect to their adoption legislation, including requirements for adopters and children to adopt, statistics and any other useful information in this area.
3. The central authorities of the Contracting Parties shall be kept mutually informed of the practical application of this Treaty and shall take the necessary steps to resolve any difficulties that may arise in the course of its implementation.
4. The central authority of the host State undertakes to provide, within the framework of its legislation, to the central authority of the State of origin and at the written request of the State of origin, information relating to concrete adoption cases, including in the case of placement of a child in a new family. The central authority of the State of origin guarantees the confidentiality of the information received and uses it for the protection of the rights and legitimate interests of the adopted children.
V. - Final provisions
Article 19
This Treaty does not affect the rights and obligations that arise for each Contracting Party from the other international instruments to which it is a party.
Rule 20
1. This Treaty shall be subject to ratification and shall enter into force on the date of receipt of the last written notification attesting to the fulfilment by each Contracting Party of the internal procedures required for its entry into force.
2. Candidates for adoption whose file has already been registered with a regional authority of the State of origin at the date of entry into force of this Treaty have the right to complete the adoption procedure in accordance with the terms established before the entry into force of this Treaty.
After the entry into force of this Treaty any public authority or public bodies or private non-profit organization carrying on the adoption activity in the territory of the host State may file to the central authority of the State of origin a request and the documents necessary for obtaining the authorization to exercise the adoption activity in the territory of the State of origin if there is a request of the central authority of the State of origin.
3. This Treaty shall be concluded for five years and shall be tacitly renewed for a renewable period of five years, if none of the Contracting Parties shall notify the other Contracting Party in writing and by diplomatic means, at least six months before the expiry of the period of validity of this Treaty, its willingness to terminate it.
4. This Treaty may, with the written agreement of the Contracting Parties, be amended.
5. Any dispute between the Contracting Parties related to the interpretation or application of this Treaty shall be resolved through negotiations between the central authorities of the Contracting Parties. If these central authorities fail to reach agreement, the dispute is resolved through diplomatic channels.
In faith, the undersigned, duly authorized for this purpose, have signed this Treaty.
Done in Moscow on 18 November 2011 in two copies, each in French and Russian languages, both texts being equally authentic.
Done on January 16, 2014.
François Hollande
By the President of the Republic:
The Prime Minister,
Jean-Marc Ayrault
Minister of Foreign Affairs,
Laurent Fabius
For the French Republic:
Michel Mercier
Keeping the Seals,
Minister of Justice
and freedoms
For the Russian Federation:
Alexandre Konovalov
Minister of Justice
