Implementation Act of the Convention on the Protection of Children and Cooperation in the Field of International Adoption

Original Language Title: Uitvoeringswet Verdrag inzake de bescherming van kinderen en de samenwerking op het gebied van de interlandelijke adoptie

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Law of 14 May 1998 implementing the Hague Convention on the Protection of Children and Cooperation in the Field of Inter-State Adoption, adopted on 29 May 1993, and amending the Act foreign foster children and any other laws

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we considered that it would be desirable to provide legal provisions for the implementation of the Hague Convention on the Protection of Children and Cooperation in the Field of Safeguarding of Children of the European Union, which was established on 29 May 1993. international adoption (Trb. 1993, 197) and in related to the Act to amend foreign foster children and any other laws;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:

CHAPTER 1. GENERAL PROVISIONS

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Article 1

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For the purpose of this Act:

  • (a) The Convention: The Hague Convention on the Protection of Children and Cooperation in the Field of Interrural Adoption (Trb), adopted on 29 May 1993. 1993, 197);

  • (b) the central authority of the State of origin: the central authority in the State of origin of the child or the governmental authority, the authorised institution or any other person or institution in which that State is the tasks of the Central Authority are entrusted.

CHAPTER 2. TASKS AND POWERS OF THE CENTRAL AUTHORITY AND OF THE AUTHORISED INSTITUTIONS

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Article 2

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  • 1 Our Minister of Justice is designated for the Netherlands as the central authority, intended in Article 6 of the Convention.

  • 2 The central authority shall be entrusted with the tasks of the central authority defined in the Convention, in so far as they are not mandated by this Law or by the Law to adopt foreign children for adoption to other authorities or institutions.


Article 3

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  • 1 The central authority shall be competent, if necessary, without the express authority of the person who has applied for it, both in and out of court for the purpose of acting on his behalf.

  • 2 The central authority shall not be required to assist a lawyer, if it acts in legal proceedings, unless the rights of law begin with a summons.

  • 3 The central authority shall bear all the costs relating to the performance of its task, to the extent that these costs cannot be recovered from the applicant.


Article 4

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  • 1 The Central Authority authorises a holder of an authorisation under the Law to include foreign children for adoption on his request in another State party to the Convention, or in a given territory of that State, To act. The authorisation shall be granted only where the competent authority of that other State has obtained a single authorisation from that other State. The authorisation may be refused where one or more authorised authorisation holders are already authorised to act in that State or in the relevant territory of that State.

  • 2 Authorisation Holders to whom the authorisation referred to in paragraph 1 has been granted act as authorisation institutions within the meaning of the Convention.

CHAPTER 3. PROCEDURE IN CASE OF INTERNATIONAL ADOPTION BY PERSONS WHO HAVE THEIR HABITUAL RESIDENCE IN THE NETHERLANDS

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Article 5

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Persons who have their habitual residence in the Netherlands and who wish to adopt a child who has his habitual residence in another State party to the Convention are required to obtain the principle of the Minister of Justice in principle. as intended in the Law to include foreign children for adoption .


Article 6

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  • 1 The report referred to in Article 15 of the Convention, the holder of the authorisation whose mediation has been invoked by the prospective adoptive parents-shall, in this law, be further referred to as "the holder of the authorisation"-shall be composed and forwarded to the Central Authority of the State of The requirement to comply with the condition of the child's entry into the Netherlands must be fulfilled; Article 8 (a) of the Law on foreign children For adoption.

  • 2 If the adoption is pronounced in the State of origin and such adoption will not have the effect of breaking the prior family relations previously established, the authorisation holder shall call the intervention of the Central Authority of the the State of origin for the purpose of obtaining the Article 4 (c) and (d) , of the treaty referred to as consent for the conversion of adoption into an adoption to Dutch law.


Article 7

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  • 1 The report referred to in Article 16 of the Convention, shall be received by the holder of the authorisation.

  • 2 Following the report referred to in paragraph 1, the holder of the authorisation shall give written reasoned opinions to the Central Authority on whether the child's entrustment should be addressed to the prospective adoptive parents. There are reservations and whether the adoption can be made. He shall forward a copy of the opinion to the prospective adoptive parents.

  • 3 Upon receipt of the opinion, the central authority decides whether the prospective adoptive parents have reservations about the child's comfort and whether the adoption of the adoption can be carried out. It may attach conditions to its decision. At the same time as the publication of the decision to the prospective adoptive parents, the decision shall be communicated to the holder of the authorisation.


Article 8

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In order to ensure the decision to be taken in the State of origin to entre the child's concern to the care of the prospective adoptive parents, the holder of the authorisation shall inform the central authority of that State in writing that no such entrustment has been There are reservations and that the adoption may take place. The notice is accompanied by a written explanation from the prospective adoptive parents, that they agree to give the child to their care, and a written statement by Our Minister of Justice that the child is for a Eligibility of permanent residence rights.


Article 9

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The transfer of the child to the Netherlands may only take place if the holder of the authorisation of the central authority of the State of origin has received notification that the child has been informed of the transfer of the child. Article 8 has received such statements and agrees that the adoption will be progressing.


Article 10

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The declaration referred to in Article 23 of the treaty, is issued on request by the Registrar of the judicial body which has pronounced the adoption after two months since its judgment in first instance or in appeal has expired without appeal or appeal in Cartridge is set. If appeal is filed in cassation, the statement may be issued after the statement in cassation. It shall be issued only if the applicant proves that he has a legitimate interest in the procurement process. A form to be established by the Minister of Justice shall be used for the declaration.


Article 11

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  • 1 Where the adoption by persons of their habitual residence in the Netherlands in the State of origin in accordance with the Convention does not have the effect of making the previously existing family relations established in the Netherlands The holder of the authorisation shall ensure that a request for conversion into the Netherlands in an adoption is submitted to Netherlands law.

  • 3 The conversion shall be issued in accordance with Article 10 .

CHAPTER 4. PROCEDURE IN CASE OF INTERNATIONAL ADOPTION OF A CHILD WHO HAS HIS HABITUAL RESIDENCE IN THE NETHERLANDS

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Article 12

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  • 1 In the case of interrural adoption of a child who has his habitual residence in the Netherlands by spouses or a person who has their habitual residence in another state party to the treaty, the central authority shall in Article 16 of the Convention on the Child as referred to in the Convention. To that end, it shall obtain the opinion of the Council on Child Protection. It shall act on the basis of Article 4 Member States may, through the intervention of the Council for the Protection of Children, forward to the Convention the forms to be laid down by the Minister of Justice. It shall determine whether the intended placing of goods is the best interests of the child.

  • 2 The central authority shall report the report referred to in paragraph 1 and the report referred to in paragraph 1. Article 16, second paragraph The documents provided for in the Convention shall be forwarded to the Central Authority of the State of reception.


Article 13

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  • 1 The transfer of the child to the State of reception may take place only after one of the prospective adoptive parents has been appointed as guardian of the child by a court order given in the Netherlands.

  • 2 The order referred to in paragraph 1 shall first be given after:

    • a. the central authority has received a written certificate from the prospective adoptive parents through the intervention of the central authority of the State of Reception, that they agree to the care of the child to their care;

    • b. the Central Authority of the State of Reception has agreed with this decision, in the case where such consent is required;

    • c. the central authority of the State of Reception has stated in writing that it agrees to the adoption of the adoption progress; and

    • (d) have been received by the Central Authority documents showing that they have been Article 5 of the Convention by the competent authorities of the State of Shelter established that the prospective adoptive parents comply with the requirements of adoption and are fit for that purpose and that the child has or will obtain a licence the State of to enter and to obtain a permanent right of residence in the State of reception.


Article 14

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Article 15

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Article 16

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Article 17

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  • 1 The chapters of this Act enter into force on a date to be determined by Royal Decree which may be determined differently for each of the chapters or parts of such chapters.

Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Given in Gravenhage, 14 May 1998

Beatrix

The Secretary of State for Justice,

E. M. A. Schmitz

Published on the second June 1998

The Minister of Justice,

W. Sorgdrager