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About The Hague Convention On Protection Of Children And Cooperation In Inter-State Adoption Matters

Original Language Title: Par Hāgas konvenciju par bērnu aizsardzību un sadarbību starpvalstu adopcijas jautājumos

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The Saeima has adopted and the President promulgated the following laws: The Hague Convention on protection of children and cooperation in inter-State adoption matters article 1. 29 May 1993 Hague Convention on protection of children and cooperation in inter-State adoptions (hereinafter referred to as the Convention) with this law is accepted and approved.
 2. article. In accordance with article 6 of the Convention, the central authority for the implementation of the Convention in the Republic of Latvia is the Ministry of Justice.
 3. article. In accordance with article 13 of the Convention, 11 and 12 of the Convention referred to in article features the family courts of Latvia and pagastties.
 4. article. Judgment of the Court of Justice of the Republic of Latvia for the approval of an adoption is considered proof of adoption of the Convention article 23 within the meaning of the first subparagraph.
 5. article. The Ministry of Foreign Affairs of the Republic of Latvia to the notices inform the Ministry of Foreign Affairs of the Kingdom of the Netherlands (in accordance with article 23 of the Convention) and of the Hague Conference on private international law Permanent Bureau (under 13 and 23 of the Convention).
 6. article. The law shall enter into force on the date of its promulgation. With the law put the Convention in English and its translation into Latvian language.
 7. article. The Convention shall enter into force on its article 46 and for the period specified in the order, and the Ministry of Foreign Affairs shall notify the newspaper "journal".
The law adopted by the Parliament of 25 October 2001.
State v. President Vaira Vīķe-Freiberga in Riga 2001 9 November Editorial Note: the law shall enter into force by November 9, 2001.
 

Convention On Protection Of Children And co-operation In respect Of Intercountry Adoption the States signatory to the present Convention, Recognizing that the child, for the full development of the harmonio of the his and or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding, Recalling that each State should take, as a matter of priority, appropriate measure to enable the child to remain in the care of his or her family of origin , Recognizing that the intercountry adoption may offer the advantage of a permanent family to a child for whom a suitabl family cannot be found in his or her State of origin, Convinced of the not to take their measure cessity ensur that intercountry adoption is made in the best interests of the child and with respect for his or her fundamental rights, and to prevent the Caesar , the sale of, or traffic in children, establish common provision in it (menu Rngton Line4) to this effect, taking into account the principles set forth in international instruments, in particular the United Nations Convention on the rights of the Child, of 20 November 1989, and the United Nations Declaration on Social and Legal principles relating to the Protection and welfare of Children, with Special reference to Foster placement and Adoption Nationally and Internationally (General Assembly Resolution 41/85 of 3 December 1986), have agreed upon the following provision: Chapter I-scope OF the CONVENTION article 1 the objects of the present Convention with a a) to establish safeguards to ensur that intercountry adoption will take place in the best interests of the child and with respect for his or her fundamental rights as recognized in international law;
(b) establish a system of) their co-operation in the Contracting States it amongs ensur that those safeguards are respected and thereby prevent the Caesar, the sale of, or traffic in children;
c) to secure the recognition in Contracting States of adoption made in accordanc with the Convention.
 
Article 2 (1) the Convention shall apply where a child habitually resident in one Contracting State ("the State of origin") has been, is being, or is to be moved to another Contracting State ("the receiving State") either after his or her adoption in the State of origin by spouse or a person habitually resident in the receiving State, or for the purpose of such an adoption in the receiving State or in the State of origin.
(2) the Convention covers only adoption of which create a permanent parent-child relationship.
 
Article 3 the Convention cease to apply if the agreements mentioned in article 17, sub-paragraph (c), have not been given before the child will attain the age of eighteen years.
 
Chapter II requirements FOR INTERCOUNTRY ADOPTION: article 4 An adoption within the scope of the Convention shall take place only if the competent authorities of the State to be of origins-a) have established that the child is adoptabl;
b) have determined, after possibilities for placement of the child within the State of origin have been given due considerations, that an intercountry adoption is in the child's best interests;
(c)) have ensured that (1) the persons, institutions and authorities whose consent is not cessary for adoption, have been counselled as may be duly informed of the cessary and not effects of their consent, in particular whethers or not an adoption will result in the termination of the legal relationship between the child and his or her family of origin, (2) such person is , institutions and authorities have given their consent to freely, in the required legal form, and expressed or evidenced in writing, (3) the consent have not been induced by payment or compensation of any kind and have not been withdrawn, and (4) the consent of the mother, where required, has been given only after the birth of the child; and (d)) have ensured, having regard to the age and degree of maturity of the child, that (1) he or she has been counselled and duly informed of the effects of the adoption and of his or her consent to the adoption, where such consent is required, (2) considerations has been given to the child's wishes and opinions, (3) the child's consent to the adoption , where such consent is required, has been given freely, in the required legal form, and expressed or evidenced in writing, and (4) such consent has not been induced by payment or compensation of any kind.
 
Article 4 An adoption within the scope of the Convention shall take place only if the competent authorities of the receiving a State-a) have determined that the prospective parents of the adoptiv-eligible and suited to adop.
b) have ensured that the parents of the prospective adoptiv have been counselled as may be not cessary; and (c)) have determined that the child is or will be authorized to enter and a resident programs permanently in that State.
 
Chapter III-CENTRAL authorities AND ACCREDITED bodies article 6 (1) (A) the Contracting State shall a Central Authority the designat discharge the duties which are imposed by the Convention upon such authorities.
(2) Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoin to more than one Central Authority and to specify the territorial or personal exten of their function. Where a State has appointed more than one Central Authority, it shall designat the Central Authority to which any communication may be addressed for transmission to the appropriate Central Authority within that State.
 
Article 7 (1) Central authorities shall co-operate with each other and promote co-operation to the competent authorities the amongs in their States to protect children and to achieve the other objects of the Convention.
(2) They shall take directly all appropriate measure to: (a) provide information to the axis) the laws of their States concerning adoption and other general information, such as statistics and standard forms;
(b) keep one another informed) about the operation of the Convention and, as far as possible, that it removes any eliminat application.
 
Article 9 Central authorities shall take, directly or through public authorities, all appropriate measure to prevent improper financial or other gain in connection with an adoption and to deter all practices contrary to the objects of the Convention.
 
Article 9 Central authorities shall take, directly or through public authorities or other bodies duly accredited in their State, all appropriate measure, in particular — a) collect them, preserve and exchange information about the situation of the child and the prospective parents, in the adoptiv so far as is not cessary to complete the adoption;
(b)), follow and expedit facilitat of proceedings with a view to obtaining the adoption;
(c) promote the) development of adoption counselling and post-adoption services in their States;
(d)) provides each other with general evaluation reports about experience with intercountry adoption;
e) reply, in so far as is permitted by the law of their State, justified requests from other Central authorities or public authorities for information about a particular adoption situation.
 
Article 10 Accreditation shall only be granted to and maintained by bodies demonstrating their competence to carry out properly the tasks with which they may be entrusted.
 
Article 11 An accredited body shall-(a)) pursu only non-profit objective of according to such conditions and within such limits as may be established by the competent authorities to be 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 intercountry 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 only if the competent authorities of both States to have authorized it to do so.
 
Article 13 the designation of the Central authorities and, where appropriate, the exten of their functions, as well as the names and addresses of the accredited bodies shall be communicated by each Contracting State to the Permanent Bureau of the Hague Conference on private International Law.
 
Chapter IV-PROCEDURAL requirements IN INTERCOUNTRY ADOPTION article 14

Persons habitually resident in a Contracting State, who wish their adop a child habitually resident in another Contracting State, shall apply to the Central Authority in the State of their habitual residence.
 
Article 15 (1) If the Central Authority of the receiving State is satisfied that the applicants are eligible and suited to adop, it shall prepare a report including information about their identity, eligibility and suitability to adop, background, family and medical history, social environment, reasons for adoption, ability to an intercountry adoption undertak, as well as the characteristics of the children for whom they would be qualified to care.
(2) It shall transmit the report to the Central Authority of the State of origin.
 
Article 16 (1) If the Central Authority of the State of origin is satisfied that the child is adoptabl, it shall: (a) prepare a report including) information about his or her identity, adoptability, background, social environment, family history, medical history including that of the child's family, and any special needs of the child;
(b)) give due considerations to the child's upbringings and to his or her ethnic, religious and cultural background;
(c) consent to ensur that) have been obtained in accordanc with article 4; and (d)) determin, on the basis in particular of the reports relating to the child and the prospective parents, whethers the adoptiv-the envisaged placement is in the best interests of the child.
(2) It shall transmit to the Central Authority of the receiving State its report on the child, proof that the consent will have been obtained cessary and the reasons for its determination on the placement, taking care not to reveal the identity of the mother and the father if, in the State of origin, these identities may not be disclosed to.
 
Article 17 Any decision in the State of origin that a child should be entrusted to the prospective parents may only be adoptiv is made if (a) the Central Authority,) of that State has ensured that the prospective of the parents agree adoptiv;
(b)) the Central Authority of the receiving State has approved such decision, where such approval is required by the law of that State or by the Central Authority of the State of origin;
(c)) the Central authorities of both States have agreed that the adoption may proceed; and (d)) it has been determined, in accordanc with article 5, that the prospective parents of the adoptiv-eligible and suited the adop a and that the child is or will be authorized to enter and a resident programs permanently in the receiving State.
 
Article 18 the Central authorities of both States shall take all steps to obtain permissions not cessary for the child to leave the State of origin and to enter and a resident programs permanently in the receiving State.
 
Article 19 (1) the transfer of the child to the receiving State may only be carried out if the requirements of article 17 have been satisfied.
(2) the Central authorities of both States shall ensur that this transfer takes place in secure and appropriate circumstanc and, if possible, in the company of the prospective of adoptiv-adoptiv or parents.
(3) If the transfer of the child does not take place, the reports referred to in articles 15 and 16 with it be sent back to the authorities who forwarded them.
 
Article 20 the Central authorities shall keep each other informed about the adoption process and the measure taken on to complete it, as well as about the progress of the placement if a probationary period is required.
 
Article 21 (1) where the adoption is to take place after the transfer of the child to the receiving State and it will appear to the Central Authority of that State that the continued placement of the child with the parents of the prospective adoptiv is not in the child's best interests, such Central Authority shall take the measure does not protect the child the cessary in particular, a) cause the child to be withdrawn from the prospective of the parents and arrang adoptiv it has temporary care;
(b)) in consultation with the Central Authority of the State of origin, it is without delay arrang a new placement of the child with a view to adoption or, if this is not appropriate, it is long-term arrang alternative care; an adoption shall not take place until the Central Authority of the State of origin has been duly informed concerning the new prospective adoptiv-parents of;
c) as a last resort, to arrang the return of the child, if his or her interests so require.
(2) Having regard in particular to the age and degree of maturity of the child, he or she shall be consulted and, where appropriate, his or her consent obtained in their relations of the measure to be taken under this article.
 
Article 22 (1) the functions of a Central Authority under this Chapter may be performed by public authorities or by bodies accredited under Chapter III, to the exten the permitted by the law of its State.
(2) Any Contracting State may declare to the depositary of the Convention that the functions of the Central Authority under articles 15 to 21 may be performed in that State, to the exten the permitted by the law and subject to the supervision of the competent authorities to be of that State, also by bodies or persons who: (a)) meet the requirements of integrity , professional competence, experience and accountability of that State; and (b)) with a qualified by their ethical standards and by training or experience to work in the field of intercountry adoption.
(3) A Contracting State which makes the declaration provided for in paragraph 2 shall keep the Permanent Bureau of the Hague Conference on private International Law informed of the names and addresses of these bodies and persons.
(4) Any Contracting State may declare to the depositary of the Convention that adoption of children habitually resident in its territory may only take place if the functions of the Central authorities are performed in accordanc with paragraph 1 (5) Notwithstanding any declaration made under paragraph 2, the reports provided for in articles 15 and 16 shall, in every case, be prepared under the responsibility of the Central Authority or other authorities or bodies in accordanc with paragraph 1.
 
Chapter V — RECOGNITION AND effects OF the ADOPTION of article 23 (1) An adoption certified by the competent authority of the State of the adoption as having been made in accordanc with the Convention shall be recognized by operation of law in the other Contracting States. The certificate shall specify when and by whom the agreements under article 17, sub-paragraph (c)), were given.
(2) Each Contracting State shall, at the time of signature, ratification, acceptance, approval or accession, notify the depositary of the Convention of the identity and the functions of the authority or the authorities which, in that State, the competent to make the certification. It shall also notify the depositary of any modification in the designation of these authorities.
 
Article 24 the recognition of an adoption may be refused in a Contracting State only if the adoption is manifestly contrary to its public policy, taking into account the best interests of the child.
 
Article 25 Any Contracting State may declare to the depositary of the Convention that it will not be bound under this Convention to recognize adoption made in accordanc with an agreement concluded by application of article 39, paragraph 2.
 
Article 26 (1) the recognition of an adoption includes recognition of a) the legal parent-child relationship between the child and his or her parents by adoptiv;
(b) parental responsibility) of the of the parents for the adoptiv child;
(c)) the termination of a pre-existing legal relationship between the child and his or her mother and father, if the adoption has this effect in the Contracting State where it was made.
(2) In the case of an adoption having the effect of terminating a pre-existing legal parent-child relationship, the child shall enjoy in the receiving State, and in any other Contracting State where the adoption is recognized, rights equivalent to those resulting from adoption of having this effect in each such State.
(3) the preceding paragraphs shall not prejudice the application of any provision more favourabl for the child, in force in the Contracting State which recognizes the adoption.
 
Article 27 (1) where an adoption granted in the State of origin does not have the effect of terminating a pre-existing legal parent-child relationship, it may, in the receiving State which recognizes the adoption under the Convention, be converted into an adoption having such an effect — (a)) if the law of the receiving State so permit; and (b) if the consent referred to) it in article 4, paragraphs (c) and (d) of sub-, have been or are given for the purpose of such an adoption.
(2) Article 23 applies to the decision converting the adoption.
 
Chapter VI — the GENERAL PROVISION of article 28 the Convention does not make any law of affec a State of origin which requires that the adoption of a child habitually resident within that State take place in that State or which prohibit the child's placement in, or transfer to, the receiving State prior to adoption.
 
Article 29 there shall be from the contact between the parents and the prospective of adoptiv the child's parents or any other person who has care of the child until the requirements of article 4, paragraph a) the sub-c), and article 5, paragraph a), sub-have been met, unless the adoption takes place within a family or unless the contact is in compliance with the conditions established by the competent authority of the State of origin.
 
Article 30 (1) the competent authorities of the Contracting State a shall ensur that information held by them concerning the child's origin, in particular information concerning the identity of his or her parents, as well as the medical history, is preserved.

(2) They shall ensur that the child or his or her representative has access to such information, under appropriate guidance, in so far as is permitted by the law of that State.
 
Article 31 without prejudice to article 30, personal data gathered or transmitted under the Convention, especially data referred to in articles 15 and 16, shall be used only for the purpose for which they were gathered or transmitted.
 
Article 32 (1) No one shall the improper financial or other gain deriv from an activity related to an intercountry adoption.
(2) Only costs and expense, including reasonable professional fees of persons involved in the adoption, may be charged or paid.
(3) the director, administrator and employees of bodies involved in an adoption shall not receive remuneration which is unreasonably high in the relations it services rendered.
 
Article 33 A competent authority which finds that any provision of the Convention has not been respected or that there is a serious risk that it may not be respected, shall immediately inform the Central Authority of its State. This Central Authority shall be responsible for ensuring that appropriate measure with taken.
 
Article 34 If the competent authority of the State of destination of a document so requests, a translation certified as being in conformity with the original must be furnished. Unless otherwise provided, in the Costa of such translation to be borne with by the prospective parents of the adoptiv.
 
Article 35 the competent authorities of the Contracting States shall the act expeditiously in the process of adoption.
 
Article 36 In relations to a State which has two or more systems of law with regard to adoption applicable in different territorial units – a any reference to habitual residence) in that State shall be construed as referring to 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 to the public authorities it of the State shall be construed as a 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 relations to a State which with regards their adoption has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State.
 
Article 38 A State within which different territorial units have their own rules of law in respect of adoption shall not be bound to apply the Convention where a State with a unified system of law would not be bound to do so.
 
Article 39 (1) of the Convention does not make any international instrument affec to which Contracting States are parties and which contains provision on matters governed by the Convention, unless a contrary declaration is made by the States parties to such instrument.
(2) Any Contracting State may enter into agreements with one or more other Contracting States, with a view to improving the application of the Convention in their mutual relations. These agreements may derogat only from the provision of articles 16 and 18 to 21 to 14. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.
 
Article 40 of the reservation shall be permitted to the Convention.
 
Article 41 of the Convention shall apply in every case where an application to their article 14 pursuan has been received after the Convention has entered into force in the receiving State and the State of origin.
 
Article 42 the Secretary General of the Hague Conference on private International Law shall at regular intervals a Special Commission conven in order to review the practical operation of the Convention.
 
Chapter VII — FINAL CLAUSS's article 43 (1) of the Convention shall be open for signature by the States which were members of the Hague Conference on private International Law at the time of its Seventeenth Session and by the other States which participated in that Session.
(2) It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.
 
Article 44 (1) Any other State may accede to the Convention after it has entered into force in accordanc with article 46, paragraph 1 (2) the instrument of accession shall be deposited with the depositary.
(3) Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the six months after the receipt of the notification referred to in sub-paragraph (b)) of article 48. Such an objection may also be raised by States at the time when they ratify.â , accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.
 
Article 45 (1) If a State has two or more territorial units in which different systems of law applicable in the relations it matters to deal with in the Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.
(2) Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.
(3) If a State makes a declaration under this article of the Convention is to extend to all territorial units of that State.
 
Article 46 (1) the Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the third instrument of ratification, acceptance or approval referred to in article 43 (2) Thereafter the Convention shall enter into force – a for each State ratifying,) accepting or approving it subsequently, or acceding to it , on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance, approval or accession;
(b)) for a territorial unit to which the Convention has been extended in conformity with article 45, on the first day of the month following the expiration of three months after the notification referred to in that article.
 
Article 47 (1) (A) A State Party to the Convention may denounc it by a notification in writing addressed to the depositary.
(2) the denunciation takes effect on the first day of the month following the expiration of twelve months after the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation takes effect upon the expiration of such longer period after the notification is received by the depositary.
 
Article 48 the depositary shall notify the States members of the Hague Conference on private International Law, the other States which participated in the Seventeenth Session and the States which have acceded in accordanc with article 44, of the following: a) the signatures, ratification, acceptance and approval of the referred to in article 43;
(b)) the objection raised by the accession and accession to it referred to in article 44;
(c) the date on which) the Convention enter into force in accordanc with article 46;
(d)) and the designation of the declarations referred to in articles 22, 23, 25 and 45;
e) the agreements referred to in article 39;
(f) the denunciation referred to it) in article 47.
In witness whereof the undersigned, being duly authorized, have signed the theret this Convention.
Done at the Hague, on the 29th day of May 1993, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States members of the Hague Conference on private International Law at the date of its Seventeenth Session and to each of the the other States which participated in that Session.
 
Convention on protection of children and cooperation in inter-State adoption of signatory States of the Convention, recognizing that their personalities to make and to ensure harmonious development of the child should grow up in a family and happiness, love and understanding, recalling that each State receive priority treatment should take appropriate measures to ensure that the child has the opportunity to stay at their home in the care of the family, recognizing that transnational adoption path may provide a permanent family benefits child with a suitable family cannot be found in his or her country of origin , convinced of the need to take measures to ensure that intercountry adoptions are made according to the child's interests, respecting his or her fundamental rights, and to prevent child abduction, trafficking or illegal movements, desiring in this matter to introduce common rules, taking into account the principles laid down in international instruments, in particular, of 20 November 1989, the United Nations Convention on the rights of the child and the United Nations Declaration on social and legal principles relating to the protection and well-being of children with particular reference to the placement of an adoptive care and local and international adoption (3 December 1986, the General Assembly resolution 41/85), have agreed upon the following provisions: chapter I. The scope of the Convention article 1 the objective of this Convention is:

(a)) to determine safeguards to ensure that intercountry adoptions are carried out according to the child's interests and respecting his or her fundamental rights recognised in international law;
(b) the Contracting States) to create a system of cooperation to ensure compliance with these assurances and thus prevent child abduction, trafficking or illegal transfers;
(c)) to ensure that, in accordance with this Convention, the adoption to be recognised in the Contracting States.
 
Article 2 (1) this Convention shall apply where a child who is habitually resident in one Contracting State ("State of origin") has been, is being or will be moved to another Contracting State ("the beneficiary"), either after their country of origin is adopted by spouses or a person habitually resident in the recipient country, or for the conduct of such an adoption in the recipient country or in the country of origin.
(2) the Convention covers only adoptions which create a permanent parent-child relationship.
 
Article 3 this Convention shall not apply if the article 17 (c)) the consent referred to is not made until the child reaches eighteen years of age.
  
Chapter II. Requirements of transnational adoption article 4 for the adoption under this Convention shall be made only if the competent authorities of the country of origin (a)) are of the opinion that the child is being adopted;
(b)), after it has properly considered options for the adoption of a child to the country of origin, are of the opinion that the child's interests best meet Interstate adoptions;
(c)) have ensured that (1) has carried out the necessary consultation with those individuals, organizations and institutions whose consent is necessary for adoption, and they shall be duly notified of the consequences of their consent, in particular the issue of whether adoptions would create or not create a legal relationship between the child and the expiry of his or her family of origin, (2) the relevant persons, organizations and institutions are freely gave their agreement in a particular legal form and their expressed or confirmed in writing , (3) the consent is not given for any kind of payment or remuneration and it has not been revoked, and (4) the mother's consent, if any, are given only after the child's birth;
(d)) taking into account the child's age and degree of maturity, have ensured that (1) they have made consultations and he or she is duly notified of the consequences of the adoption and of his or her consent to the adoption, where such consent is required, (2) takes account of the child's wishes and concerns, (3) the child's consent to the adoption, where such consent is required, has been given freely, in a particular legal form, and expressed or evidenced in writing and (4) such consent is not given for any kind of payment or compensation.
 
adoption of article 5 in accordance with this Convention shall be made only if (a) the competent authorities of the beneficiary country) have recognised the potential adoptive parent shall be entitled to make adoptions and is then applied;
(b)) has ensured that the prospective adoptive parents have made the necessary consultations;
(c)) are of the opinion that the child is or will be allowed to come and stay in the country concerned.
  
Chapter III. The central authorities and officially recognised bodies in article 6 (1) a Contracting State means a central authority, which shall carry out the responsibilities which such institutions under the Convention.
(2) Federal States, States with more laws and States with autonomous territorial units may designate more than one central authority and to specify the extent of the functions relating to territory or people. If a State has appointed more than one central authority, it shall provide the central authority to which any correspondence be addressed and that it passed on to the relevant central authority in the country.
 
Article 7 (1) central authorities shall cooperate and promote cooperation between their competent national authorities in the protection of children and other objectives of this Convention.
(2) they shall take all necessary measures to (a)) provide information on their national laws concerning adoption and other general information, such as statistics and standard forms;
(b) inform each other) for the operation of this Convention and, as far as possible, eliminate any obstacles to its application.
 
Article 8 central authorities directly or through public authorities to take all necessary measures to prevent undue financial or other gain in connection with the adoption of the profit and to discourage any actions that are contrary to the objectives of this Convention.
 
Article 9 Central authorities directly or through public authorities or other appropriate in your country to officially recognized institutions shall take all appropriate measures, in particular to a) harvested, preserve and exchange information about the child and the potential adoptive status, to the extent necessary for the implementation of the adoption;
(b) adoption of the simplified settlement of) processes, complete and speed up;
(c) promote the adoption of consultation) and the establishment of the services of pēcadopcij in their countries;
(d)) submit another in general evaluation reports about experience with intercountry adoption;
e) respond to the extent allowed by national law, to the central authorities or other public authorities, a duly justified requests for information about a specific adoption cases.
 
Article 10 institutions being and exists as an officially recognized only if evidenced the ability to properly perform their duties.
 
Article 11 officially recognized institution a) deals only with nonprofit activities according to essential State officially laid down by the competent authorities under the conditions and within the limits laid down;
(b) such person) runs management and employ such persons by their ethical qualities, education, or experience can make the work of transnational adoption;
(c)) is the national, under the supervision of the competent authorities regarding the establishment, operation and financial situation.
 
Article 12 the institution is officially recognised in one Contracting State may act in another Contracting State only if the latter is authorised by the competent authorities of the two countries.
 
13. article on the designation of central authorities and, where appropriate, of their function, as well as the institution officially recognized the names and addresses of each Contracting State shall notify to the Hague Conference on private international law Permanent Bureau. 
 
Chapter IV. Procedural requirements of transnational adoption article 14 persons habitually resident in one Contracting State and which wishes to adopt a child who is habitually resident in another Contracting State, go to your country of residence of the central authority.
 
Article 15 (1) If the central authority of the beneficiary country is satisfied that the applicant is entitled to make adoption and be suitable, it shall prepare a report that includes information about their identity, eligibility and suitability for adoption, personal data, family and medical history, social environment, reasons for adoption, ability to undertake an intercountry adoption, as well as the characteristics of the children for whom they care.
(2) It sends a message to the country of origin to the central authority.
 
Article 16 (1) If the country of origin, the central authority shall ensure that the child is being adopted, a) draw up a report containing details of his or her identity, adoptability, personality, social environment, family history, medical history, t.sk. the child's family medical history, and any special needs of the child;
(b) give due consideration to the child's upbringing) and his or her ethnic, religious and cultural origin;
(c)) ensure that consent is obtained in accordance with article 4;
(d)) shall be determined in particular on the basis of reports of the child and the prospective adoptive parents, whether the envisaged placement is in the interests of the child.
(2) it shall send the beneficiary State to the central authority of its report on the child, proof that the necessary consents have been obtained and the reasons for its decision on the placement, taking care not to be shared by the mother and the father's identity, if the country of origin, these identities may not be disclosed.
 
Article 17 any decision that a child should be entrusted to prospective adoptive parents, the State of origin may be adopted only if a) the central authority of that State has ensured potential adoptive parent consent;
(b)) the central authority of the beneficiary country has approved such decision, where such approval is required by the national law of the country of origin or the central authority;
c) two countries central authorities have agreed that the adoption may proceed;
(d)) in accordance with article 5, that the prospective adoptive parent shall be entitled to make adoptions and is it appropriate and the child is or will be allowed to come and stay in the country.
 
Article 18 of both the national central authorities shall take all necessary steps to obtain permission for the child to leave the State of origin and to come and stay in the country.
 
Article 19 (1) the child's transfer to a beneficiary may be undertaken only if, in article 17 have been satisfied.
(2) the two countries central authorities shall ensure that this transfer takes place in secure and appropriate circumstances and, if possible, the potential adoptive parent or adoptive.

(3) If the transfer of the child occurs, articles 15 and 16 of the report referred back to the institutions that have provided them.
 
Article 20 the central authorities shall keep each other informed of the adoption process and the measures taken to complete it, as well as on the progress of the installation, if it is established during the trial.
 
Article 21 (1) if the adoption is to take place after the transfer of the child to the beneficiary country, and the country's central authority is of the opinion that the future child's placement at the would-be adoptive parents do not comply with the interests of the child, the central authority shall take the necessary measures for the protection of the child in particular, in order to (a) ensure child imprisonment) to potential adoptive parents and provide temporary care;
(b)) in consultation with the central authority of the country of origin, immediately set up a new children's placements, followed by adoption, or failing that, arranged an alternative long-term care; an adoption shall not take place while the country of origin, the central authority is not properly notified about new possible adoptive parents;
(c)) use it as a last resort, arranged the return of the child if it meets his or her interests.
(2) in particular, taking into account the child's age and degree of maturity, consult with him and, if necessary, obtain his or her consent in respect of the measures to be taken in accordance with this article.
 
Article 22 (1) of this chapter, the specific functions of the central authority or authorities in accordance with Chapter III officially recognized institutions may make national law permitted.
(2) any Contracting State may notify the depositary of the Convention that the functions of the central authority under articles 15 to 21 of national law and to the extent permitted under the supervision of the competent authorities can perform also institutions or persons who (a)) meet the national demands honesty, professional competence, experience and accountability requirements;
(b)) to the ethical qualities, education, or experience can make the work of transnational adoption.
(3) the Contracting State that made the notification provided for in paragraph 2 shall inform the Hague Conference on private international law Permanent Bureau for the institution and person names and addresses.
(4) any Contracting State may notify the depositary of the Convention that adoptions of children whose normal place of residence is in its territory may be carried out only if the central authorities are performed in accordance with paragraph 1.
(5) Notwithstanding any notice provided under paragraph 2, articles 15 and 16 of the report provided for in any case prepare a central authority or to another in accordance with paragraph 1 or of the institutions created under the supervision of the institution.
 
Chapter v. Adoption recognition and effects of article 23 (1), where the conduct of an adoption under this Convention have been certified by the adoption by the competent authority of the country, is to be recognized by the law in the other Contracting States. The certificate shall specify when and which has given consent under article 17 (c)).
(2) the signature of this Convention, the instrument of ratification, acceptance, approval or accession to it, each Contracting State shall notify the depositary of the Convention, the authorities or institutions identity and function, which in this country is entitled to give a receipt. It shall notify the depositary of any changes in the designation of the authorities.
 
Article 24 Adoption of a Contracting State may not recognize only if the adoption, subject to the best interests of the child, is in conflict with the public order.
 
Article 25 any Contracting State may notify the depositary of the Convention, that it does not assume obligations to declare, pursuant to this Convention, its adoption, which is carried out in accordance with the agreement concluded by application of article 39, paragraph 2.
 
Article 26 (1) the Adoption is recognized, acknowledging a) parent-child relationship between the child and his or her adoptive parents;
(b) the adoptive parent) responsibility for children;
c) previously existing legal relationship between the child and his or her mother and father, if the consequences of an adoption in the Contracting State in which it was made.
(2) If an adoption shall terminate before the existing parent-child relationship, the recipient country and any other adoption essential Contracting State the rights of the child in each of these countries are equivalent to those resulting from adoptions having this effect.
(3) the preceding paragraphs of this article shall be without prejudice to any more favourable provisions of the child, in force in the adoption of essential Contracting States.
 
Article 27 (1) If the adoption is carried out in the country of origin does not terminate earlier existed in the parent-child legal relationship, the recipient country which recognises the adoption under this Convention, it may transform the adoption with such consequences, if (a) it allows the beneficiary country) legislation;
(b) adoption is concerned), or are given in article 4 (c)), and (d)) that consent.
(2) the decision on the adoption of the modification of article 23 shall apply.
  
Chapter VI. General provisions article 28 the Convention does not affect any law of the country of origin, which stated that in that country permanently resident in a child's adoption is carried out in this country, "prohibiting the placement of a child or the recipient country or transfer to it before adoption.
 
Article 29 is not permitted contact between the prospective adoptive parents and the child's parents or any other person in whose care the child is located, as long as you do not meet article 4 (a), (b) and (c)))) and article 5 (a)), unless the adoption is carried out in the family do not meet or contact the competent authorities of the country of origin under the conditions set out.
 
Article 30 (1) a Contracting State, the competent authorities shall ensure that the saved messages in their possession of the child's origin, in particular information in respect of his or her parents ' identities, as well as medical history.
(2) they shall ensure that the child or his or her representative access to the following information in the appropriate supervision to the extent allowed by national law.
 
Article 31 without prejudice to the provisions of article 30, collected in accordance with this Convention and sent messages about a person, in particular articles 15 and 16 of the above information be used only for the purposes for which they are collected or shipped.
 
Article 32 (1) no one may gain undue financial or other benefit from activities linked to transnational adoptions.
(2) may be imposed or pay only costs and expenses, including reasonable professional fees of persons involved in the adoption of the professional services rendered.
(3) the bodies involved in an adoption of the directors, administrators and staff remuneration received for services rendered must not be unduly high.
 
Article 33 a competent authority which finds that any non-compliance with the provisions of this Convention or a reasonable threat that it will not be respected, shall immediately notify the national central authority. This central authority has a duty to ensure that the appropriate measures are taken.
 
Article 34 if requested by the document's country of destination, the competent authority should ensure that compliance with the translation of the original are certified. Unless otherwise specified, the following translation costs shall be borne by the potential adopter.
 
35. Article adoption process, the competent authorities of the Contracting States shall act expeditiously.
 
Article 36 for the country in which the adoption of different geographical units apply two or more systems of law, any indication a) to habitual residence in that country is considered an indication of the place of residence of a territorial unit of that State;
(b)) to that State shall be construed as an indication of the relevant territorial unit existing law;
(c)) to that country's competent authorities or public authorities considered the reference to authorities is entitled to act in the relevant territorial unit;
(d)) to officially recognised national institutions considered as an indication of the relevant territorial unit officially recognised institutions.
 
Article 37 in relation to the country in which the adoption is governed by two or more systems of law applicable to different categories of persons, any reference to the national law considers the reference to the legal system specified by the law of that State.
 
38. Article State in which various territorial units have their own rules of law concerning adoption, not be required to apply this Convention in cases where this is not necessary with the unitary State of the legal system.
 
Article 39 (1) this Convention does not affect any international document which the Contracting States are parties and which contains provisions on matters governed by this Convention, unless otherwise specified by the countries which are members of such a document.
(2) any Contracting State may enter into agreements with one or more other Contracting States with a view to improving the application of this Convention to their mutual relations. The agreements may derogate only from 14 to 16 and 18 to 21. The States which have concluded such an agreement shall transmit a copy thereof to the depositary of this Convention.
 
Article 40 of this Convention No reservations.
 
41. Article

This Convention shall apply in all cases, when the application provided for in article 14 has been received after the entry into force of this Convention in the recipient country and the country of origin.
 
42. article to test the practical operation of this Convention, the Hague Conference on private international law, the Secretary-General shall at regular intervals convene a Special Commission.
 
Chapter VII. Final provisions article 43 (1) this Convention is open for signature by the States which had the Hague Conference on private international law in its seventeenth session members and other countries which participated in that session.
(2) To 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, who is the depositary of this Convention.
 
Article 44 (1) when this Convention has entered into force in accordance with article 46, paragraph 1, shall be open for accession by any other State.
(2) the instrument of accession shall be deposited with the depositary.
(3) such accession is only applicable to relations between the State and the Contracting States that six months after the article 48 b) the receipt of the notification referred to in paragraph have not raised an objection to its accession. Such objections may also be brought at a time when its ratification, acceptance or approval of this Convention upon accession. Any such objection shall be notified to the depositary.
 
Article 45 (1) If a State has two or more territorial units, which are applied to different legal systems with respect to the issues in this Convention, the public signing of the instrument of ratification, acceptance, approval or accession, the moment can declare that this Convention is applied to all its territorial units or only to one or more of them and may modify its statement by another statement at any time.
(2) any such notice shall inform the depositary and shall state expressly the territorial units to which this Convention shall apply.
(3) if the country fails to provide notice under this article, this Convention applies to all national territorial units.
 
Article 46 (1) this Convention shall enter into force on the first day of the month following the period of three months after the third instrument of ratification, acceptance or approval, as laid down in article 43.
(2) Following this Convention shall enter into force (a)) for each State which ratifies, accepts or approves it later, on the first day of the month following the period of three months after the deposit of instruments of ratification, acceptance, approval or accession accession;
(b)) in relation to the territorial unit to which this Convention has been extended in accordance with article 45, on the first day of the month following the period of three months following the notification provided for in that article.
 
Article 47 (1) this Convention may denounce it by giving written notification to the depositary.
(2) denunciation shall take effect on the first day of the month following twelve months after the date on which the notice is received by the depositary. If the notification contains the longer period of time, after which the denunciation shall enter into force, it shall enter into force after this period has elapsed, the period beginning from the date the notice is received by the depositary.
 
Article 48 the depositary States, which is of the Hague Conference on private international law Member States, other countries, which participated in the seventeenth session and the States which have acceded in accordance with article 44, to notify a) referred to in article 43 for the signature, ratification, acceptance and approval;
(b)) on the accession referred to in article 44, and objections to accession;
(c)) the date on which this Convention enters into force in accordance with article 46;
(d)) on 22, 23, 25 and 45 notices referred to in article and appointment;
39. e) for the agreements referred to in article 1;
(f)) for the substances referred to in article 47 denunciation.
In witness whereof, the undersigned Plenipotentiaries have signed this Convention in the Hague, 29 May 1993, the English and French languages, both texts being equally authentic, in a single copy, which is deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy of through diplomatic channels is sent to each of the States represented at the Hague Conference on private international law in its seventeenth session a day, and each of the other countries that took part in the session concerned.