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On The European Convention On The Legal Status Of Children Who Are Not Born In

Original Language Title: Par Eiropas Konvenciju par to bērnu tiesisko statusu, kuri nav dzimuši laulībā

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The Saeima has adopted and the President promulgated the following laws: The European Convention on the legal status of children who are not born in article 1. 15 October 1975 by the European Convention on the legal status of children who are not born in (hereinafter referred to as the Convention), with this law is accepted and approved. 2. article. The law shall enter into force on the day following its promulgation. With the law put the Convention in English and its translation into Latvian language. 3. article. The Convention shall enter into force on its article 11 within the time and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". The Parliament adopted the law of 15 May 2003. State v. President Vaira Vīķe-Freiberga in Riga, 28 May 2003 in the European Convention on the Legal status of Children Born out of Wedlock (signed in Strasbourg, 15 X 1975) the member States of the Council of Europe, signatory of the heret, Considering that the aim of the Council of Europe is to achieve a greater unity between its members, in particular by the adoption of common rules in the field of law; Noting that in a great number of member States efforts have been, or are being, made to improve the legal status of children born out of wedlock by reducing the difference between their legal status and of the children born in wedlock which you of with it the legal or social disadvantages of the former; Recognising that wide disparit in the law of member States in this field still exist; Believing that the situation of children born out of wedlock should be improved and that the formulation of certain common rules concerning their legal status would assist this objective and at the same time would contribute to a harmonisation of the laws of the member States in this field; Considering however that it is not to allow the progressive stage of the cessary for those States which consider themselves unable to adop immediately certain rules of this Convention, have agreed as follows: article 1 Each Contracting Party of the undertak ensur the conformity of its law with the provision of this Convention and to notify the Secretary General of the Council of Europe of the measure-taken for that purpose. Article 2 Maternal affiliation of every child born out of wedlock shall be based solely on the fact of the birth of the child. Paternal affiliation of every article 3 child born out of wedlock may be evidenced or established by voluntary recognition or by judicial decision. Article 4 the voluntary recognition of paternity may not be opposed or contested insofar as the internal law provides for these procedures unless the person seeking or having recognised the recognis the child is not the biological father. Article 5 actions relating to their paternal affiliation In scientific evidence which may help them establish paternity shall be admissibl or disproves a. Article 6 1. The father and mother of a child born out of wedlock shall have the same obligation to maintain the child as if it were born in wedlock. 2. Where a legal obligation to maintain a child born in wedlock falls on certain members of the family of the father or mother, this obligation shall also apply for the benefit of a child born out of wedlock. Article 7 1. Where the affiliation of a child born out of wedlock has been established as regards both parents, parental authority may not be attributed automatically to the father alone. 2. There shall be power to transfer parental authority; CAs shall be governed by the transfer of the internal law. Article 8 where the father or mother of a child born out of wedlock does not have parental authority over or the custody of the child, that parent may obtain a right of access to the child in appropriate cases. Article 9 (A) A child born out of wedlock shall have the same right of succession in the estate of its father and its mother and of a member of its father's or mother's family, as if it had been born in wedlock. Article 10 the marriage between the father and mother of a child born out of wedlock shall confer on the child the legal status of a child born in wedlock. Article 11 1 this Convention shall be open. the signature by the member States of the Council of Europe. It shall be subject to ratification, acceptance or approval. The instrument of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe. 2. This Convention shall enter into force three months after the date of the deposit of the third instrument of ratification, acceptance or approval. 3. In respect of a signatory State ratifying, accepting or approving subsequently, the Convention shall come into force three months after the date of the deposit of its instrument of ratification, acceptance or approval. Article 12 1. After the entry into force of this Convention, the Committee of Minister of the Council of Europe may invite any non-member State to accede to this Convention. 2. Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession which shall take effect three months after the date of its deposit. Article 13 1. Any State may, at the time of signature or when depositing its instrument, of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply. 2. Any State may, when depositing its instrument of ratification, acceptance, approval or accession or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this Convention to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertaking. 3. Any declaration made in pursuanc of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure let down in article 15 of this Convention. Article 14 1. Any State may, at the time of signature or when depositing its instrument, of ratification, acceptance, approval or accession or when making a declaration in accordanc with paragraph 2 of article 13 of this Convention, to make notes more than three reservations in respect of the provision of articles 2 to 10 of the Convention. Reservations of a general nature shall not be permitted; each reservation may not be affec more than one provision. 2. A reservation shall be valid for five years from the entry into force of this Convention for the Contracting Party concerned. It may be for a period of renewed stands out among successive five years by means of a declaration addressed to the Secretary General of the Council of Europe before the expiration of each period. 3. Any Contracting Party may wholly or partly withdraw a reservation it has made in accordanc with the foregoing paragraph by means of a declaration addressed to the Secretary General of the Council of Europe, which shall become effective as from the date of its receipt. Article 15 1. Any Contracting Party may, insofar as it is concerned, denounc this Convention by means of a notification addressed to the Secretary General of the Council of Europe. 2. Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification. Article 16 the Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Convention of: (a) any signature; (b) any deposit of an instrument of ratification, acceptance, approval or accession; (c) any date of entry into force of this Convention in accordanc with article 11 thereof; (d) any notification received in pursuanc of the provision of article 1; (e) any declaration received in pursuanc of the provision of paragraphs 2 and 3 of article 13; (f) any reservation made in pursuanc of the provision of paragraph 1 of article 14; (g) the renewal of any reservation carried out in pursuanc of the provision of paragraph 2 of article 14; (h) the withdrawals of any reservation carried out in pursuanc of the provision of paragraph 3 of article 14; (i) any notification received in pursuanc of the provision of article 15 and the date on which denunciation takes effect. In witness whereof, the undersigned, being duly authorised the theret, have signed this Convention. Done at Strasbourg, this 15th day of October 1975, in English and in French, both texts being equally authoritativ, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified cop to it each of the signatory and acceding States.

European Convention on the legal status of children who are not born in

(signed in Strasbourg, on 15 October 1975) signed this Convention in the Member States of the Council of Europe, considering that the aim of the Council of Europe is to achieve greater unity among its Member States, especially by promoting the adoption of common rules in the field of law; konstatēdam, that many Member States have taken or are being taken to improve the legal status of a child who is not born in, reducing the differences between the child and the children born of the marriage legal status, which brings the first legal or social difficulties; believing that the law of the Member States in this area, there are still big differences; convinced that the child is not born in that State is upgradeable and that certain common rules on their legal status, facilitate this objective and at the same time promote the harmonization of the laws of the Member States in this field; However, considering that it is necessary to determine the stage of gradual change in the countries that the rating could not immediately accept certain rules of this Convention, have agreed as follows: article 1 each Contracting Party undertakes to ensure compliance with the law provisions of the Convention and to notify the Secretary-General of the Council of Europe about the measures taken to this end. Article 2 any child who was not born in wedlock, the origin of the parent is determined after the childbirth the fact. Article 3 any child who was not born in a marriage, the birth of the father can be found or established by voluntary recognition or by judicial decision. Article 4 of the Voluntary establishment of paternity is not appealable nor arguably, if internal law provides for such procedures, except for the person who wants to recognize or has acknowledged the child, not his biological father. Article 5 the matters of paternity is admissible scientific evidence that may help to confirm the presence or absence of paternity. 6. in article 1, other than children born in marriage, the father and mother have the same obligation to maintain a child born in marriage as in relation to the child. 2. If the obligation to maintain a child born in marriage agrees with certain parent's family members, this obligation also applies to a child who was not born in marriage. Article 7 1. If there is a child who was not born in a marriage, the birth of both parents, custody must not be automatically granted only to his father. 2. It must be possible to transfer the custody of another person; transfer cases are governed by the internal rules. Article 8 if a child who was not born in the marriage, the father or mother not custody or guardianship rights over the child, the father or mother can use where appropriate rights of access for children. Article 9 of the child that is born in the marriage, the right to inherit from his father or his mother and members of their families are the same as for a child born in marriage. Article 10 of the child who was not born in marriage, the father and mother of the marriage gives this child born in marriage, the child's legal status. 11. Article 1 this Convention shall be open for signature by the Member States of the Council of Europe. It is ratificējam, or to be acceptable. Instruments of ratification, acceptance or approval are deposited with the Secretary-General of the Council of Europe. 2. this Convention shall enter into force three months after the third instrument of ratification, acceptance or approval. 3. For a country that signed the Convention, but be ratified, accepted or approved it later, this Convention shall enter into force three months after its instrument of ratification, acceptance or approval. Article 12 1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any State to join, which is not a Member State of the Council of Europe. 2. such accession shall be effected by depositing with the Secretary-General of the Council of Europe an instrument of accession which shall take effect three months after its submission. 13. Article 1 any State signing this Convention or when depositing its instrument of ratification, acceptance, approval or accession, may specify the territory or territories to which this Convention shall apply. 2. any State may, when depositing the Convention of the deposit of instruments of ratification, acceptance, approval or accession, as well as any time later may submit to the European Council a declaration addressed to the Secretary General, in which it noted that expanding the scope of this Convention to another territory or territories specified in the Declaration and for whose international relations it is responsible or on whose behalf it is authorized to enter into commitments. 3. any declaration made under the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn according to article 15 of the Convention. 1. Article 14 any State signing this Convention or when depositing its instrument of ratification, acceptance, approval or accession, or by submitting a declaration in accordance with article 13 of this Convention, may do no more than three reservations to this Convention article 2 through 10. Reservations of a general nature are not permitted, each reservation may not relate to more than one rule. 2. The reservation is valid for a period of five years from the time the Convention has entered into force with respect to a particular Contracting Party. It can be renewed for the next five-year deadlines for submitting addressed to the Secretary General of the Council of Europe a declaration before the expiry of each. 3. Any Contracting Party may wholly or partly withdraw in accordance with the preceding points made reservations for it by submitting Council of Europe a declaration addressed to the Secretary General, which shall enter into force on the date of its receipt. Article 15 1. Any Contracting Party may denounce this Convention in so far as it relates to this country, by means of a notification addressed to the Secretary General of the Council of Europe. 2. Such denunciation shall take effect six months after the Secretary-General has received the following statement. Article 16 the Secretary General of the Council of Europe shall notify the Member States of the Council of Europe and all parties to this Convention, the States of: (a) any signature; (b) in each case where storage is submitted the instruments of ratification, acceptance, approval or accession; (c) the date of entry into force of this Convention in accordance with article 11; (d) any notification received in accordance with the provisions of article 1; (e) any declaration received in accordance with article 13, paragraphs 2 and 3; (f) any reservation made in accordance with paragraph 1 of article 14 of the rules; (g) the renewal, each reservation made in accordance with paragraph 2 of article 14 of the rules; (h) each withdrawal of reservation made in accordance with paragraph 3 of article 14 of the rules; (i) any notification received in accordance with the provisions of article 15 and the date when the denunciation takes effect. Above, the Convention has been signed by the duly authorized persons. Signed in 1975, Strasbourg October 15 in English and French languages, both texts have equal legal force, in one copy, which is stored in the archives of the Council of Europe. The Secretary-General of the Council of Europe shall transmit certified copies to all the States which have signed this Convention or acceded thereto.