Rs 0.211.221.310 European Convention On April 24, 1967 On The Adoption Of Children (With List)

Original Language Title: RS 0.211.221.310 Convention européenne du 24 avril 1967 en matière d’adoption des enfants (avec liste)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
0.211.221.310 text original Convention European adoption of children concluded in Strasbourg on 24 April 1967 approved by the Federal Assembly on April 27, 1972 Instrument of ratification deposited by Switzerland on 29 December 1972 entry into force for the Switzerland on April 1, 1973 (State 8 April 2013) preamble the States members of the Council of Europe, signatories to this Convention , Considering that the aim of the Council of Europe is to achieve greater unity between its members so, in particular, to promote their social progress;
Whereas that, well that the institution of adoption of children exists in the legislation of all the Member States of the Council of Europe, there is in these countries of the differing views on the principles which should govern the adoption, as well as differences in the procedure of adoption and legal adoption effects, whereas the acceptance of common principles and practices common in what concerns the adoption of children would help iron out the difficulties caused by these differences and would at the same time to promote the good of children who are adopted, have agreed to the following: part I commitments and scope art. 1. each Contracting Party undertakes to ensure compliance of its legislation with the provisions of part II of this Convention and to notify the Secretary General of the Council of Europe measures taken to this end.

Art. 2. each Contracting Party undertakes to take into account the provisions set out in part III of this agreement and if it gives effect, or if, after giving effect, it ceases to give effect to any any of these provisions, it shall notify the Secretary General of the Council of Europe.

Art. 3. the present Convention concerns only the legal institution of adoption of a child who, at the time the adoptive parent application to adopt, has not reached the age of 18, is not or has not been married, and is not deemed major.

Part II provisions essential art. 4. adoption is valid only if it is pronounced by a judicial or administrative authority, hereinafter called 'competent authority '.

Art. 5-1. Subject of by. 2 to 4 of this article, the adoption is not pronounced unless at least the following consents have been granted and have not been removed: (a) the consent of the mother and, where the child is legitimate, the father, or if he has neither father nor mother who can consent, the consent of any person or any organization who would be entitled to exercise the rights in this regard; (b) the consent of the spouse of the adopter.

2. it is not permissible for the competent authority: (a) dispense with collect the consent of one of the persons concerned to the by. 1 above, or (b) to the refusal of consent of one people or one of the agencies involved in that paragraph 1, otherwise for exceptional reasons determined by the law.

3. If the father or the mother is deprived of parental to child rights, or in any case the right to consent to adoption, the law may provide that consent is not required.
4. the consent from a mother to her child's adoption will be accepted that if it is given after birth, at the expiry of the period prescribed by law and which cannot be less than 6 weeks or, if it is not specified delay, at the time where, in the opinion of the competent authority, the mother will be able to recover sufficiently as a result of childbirth.
5. in this article, means 'father' and 'mother' who are legally the parents of the child.

Art. 6-1. The law may allow the adoption of a child by two people United in marriage, adopt simultaneously or successively, or by a single adoptive parent.
2. the law may permit a new adoption of a child in one or more of the following cases: (a) when it is an adopted child of the adopter's spouse; (b) where the previous adoption is deceased; (c) where the previous adoption is cancelled; (d) when the previous adoption ended.

Art. 7-1. A child may be adopted if adopting it has reached the minimum age prescribed for this purpose, this age not being nor less than 21 years, nor more than 35 years.
2. However, the law may provide the possibility to waive the age requirement minimum (a) If passing it is the father or the mother of the child, or (b) due to exceptional circumstances.

Art. 8-1. The competent authority will deliver an adoption if she has become convinced that adoption would ensure the well-being of the child.
2. in each case, the competent authority attach special importance to what this passage gives the child a stable and harmonious home.
3. as a general rule, the competent authority will only consider not as fulfilled the above conditions if the age difference between the adopter and the child is less than that usually separates parents from their children.

Art. 9-1. The competent authority decide an adoption after a proper investigation concerning the adopter, the child and his family.
2. the investigation should, to the extent appropriate in each case, focus particularly on the following: (a) the personality, health and the economic situation of the adopter, his family life and installation of his home, its ability to educate the child; (b) the reasons for which the adopter wishes to adopt the child; (c) the reasons for which, in the event that only one of both spouses request to adopt a child the spouse does not support on-demand; (d) the mutual convenience between the child and the adopter, the length of the period during which he was entrusted to his care; (e) the personality and health of the child; except legal prohibition, the history of the child; (f) the feeling of the child about the adoption proposed; (g) the religion of the adoptive parent and the child's religion, if it is necessary.

3. this survey will be entrusted to a person or a body recognized by law or approved for this purpose by a legal or administrative authority. To the extent possible, it will have to be performed by social workers qualified by training or experience in this area.
4. the provisions of this section do not affect the power and the obligation of the competent authorities to obtain any information or evidence of whether the subject of the investigation, and considers as being useful.

Art. 10-1. Adoption confers on the adoptive parent in respect of the adopted child the rights and obligations of any kind, which are those of a father or a mother for his legitimate child.
Adoption confers on the adopted child for the adopter the rights and obligations of any kind, which are those of a legitimate child of his father or his mother.
2. as soon as born the rights and obligations referred to the by. 1 of this section, the rights and obligations of the same nature between the adopted child and its father or mother or any other person or Organization ceases to exist. However, the law may provide that the spouse of the adopter retains its rights and obligations to the adopted child if it is legitimate, illegitimate or adoptive child.
In addition, legislation can maintain for parents the child support obligation, the obligation to maintain it, to establish it and to provide for the case where the adopter does not fulfill any of these obligations.
3. as a general rule, the adopted child will be able to acquire the family name of the adoptive parent or to add it to his own name.
4. If a legitimate parent has the right to use the property of its child, the right to enjoyment of the adopter on the property of the adopted child may, notwithstanding the by. 1 of the present article, be restricted by the law.
5. in estate matters, to the extent where the legislation gives the legitimate child a right in the estate of his father or his mother, the adopted child is treated with respect in the same way as it is the child legitimate of the adopter.

Art. 11-1. If the adopted child does not, in the case of adoption by a single person, the nationality of the adoptive parent or, in the case of adoption by spouses, their common nationality, the Contracting Party which the adopter or adopters are nationals will facilitate the acquisition of nationality by children.
2. the loss of nationality which might result from the adoption is subject to the possession or acquisition of another nationality.

Art. 12-1. The number of children that may adopt the same adopter will be not limited by legislation.
2. it cannot be forbidden by law to a person to adopt a child on the ground that she has, or could have, a child legitimate.
3. If the adoption improves the legal position of the child, may not be prohibited by law for a person to adopt his illegitimate child.

Art. 13-1. As long as the adopted child is not major, adoption may be revoked only by decision of a judicial or administrative authority for serious reasons and only if the revocation of these grounds is allowed by legislation.
2. the preceding paragraph does not concern cases where: (a) the adoption is zero, (b) the adoption is terminated as a result of the legitimation of the adopted by the adoptive parents.

Art. 14


When surveys carried out for the purposes of art. 8 and 9 of this Convention will refer to a person who resides or has resided in the territory of an another Contracting Party, that Contracting Party shall endeavour to obtain the necessary information required to be provided without delay. Authorities may communicate directly with each other for this purpose.

Art. 15 of the provisions will be taken to prohibit any undue gain from the delivery of a child for adoption.

Art. 16. each of the Contracting Parties retain the faculty to adopt provisions more favourable to the adopted child.

Part III provisions additional art. 17. the adoption can be pronounced that if the child in the care of adoptive parents for a period long enough to allow the competent authority reasonably enjoy relationships that would be between them if the adoption was pronounced.

Art. 18. the public authorities will ensure the promotion and the functioning of public or private institutions who wish to adopt or enact a child to contact for help and advice.

Art. 19. the social and legal aspects of adoption will be included in the training of social workers.

Art. 20-1. Arrangements will be made to allow an adoption, if necessary, intervene unless the identity of the adoptive parent to the child's family.
2. arrangements will be made to prescribe or to allow the adoption procedure takes place behind closed doors.
3. the adopter and the adoptee can get checked public records documents whose content certifies the fact, the date and place of birth of the adopted child, but does not explicitly reveal the adoption or the identity of his parents.
4. the public records will be kept or, at the very least, their sayings reproduced so that people who did not have a legitimate interest to learn the fact that a person has been adopted, or, if this is known, the identity of her parents of origin.

Part IV Clauses finals art. 21-1. This Convention is open for signature by the Member States of the Council of Europe. It will be ratified or accepted. The instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.
2. the Convention will enter into force three months after the date of the deposit of the third instrument of ratification or acceptance.
3. it will come into force in respect of any signatory State which will ratify or accept it later, three months after the date of the deposit of its instrument of ratification or acceptance.

Art. 22 1. After the entry into force of the Convention, the Committee of Ministers of the Council of Europe may invite any non-Member State of the Council to accede to this Convention.
2. membership will be made by filing, near the Secretary General of the Council of Europe an instrument of accession which will take effect three months after the date of its filing.

Art. 23 1. Any Contracting Party may, at the time of signature or at the time of the deposit of its instrument of ratification, acceptance or accession, designate any territories to which apply the is Convention.
2 any Contracting Party may, at the time of the deposit of its instrument of ratification, acceptance or accession, or at any time thereafter, extend the application of this Convention, by declaration addressed to the Secretary General of the Council of Europe, to any other jurisdiction designated in the declaration and which she is international relations or for which it is authorized to stipulate.
3. any declaration made under the preceding paragraph may be withdrawn, with respect to any territory referred to in this declaration, in accordance with art. 27 of the present Convention.

Art. 24 1. Any Contracting Party whose legislation provides for more than one form of adoption shall have the right to apply only to one of these forms the provisions of by. 1, 2, 3 and 4 of art. 10 of the present Convention, and by. 2 and 3 of art. 12 2. The contracting party making use of this option shall notify him to the Secretary General of the Council of Europe at the time of signature or at the time of the deposit of its instrument of ratification, acceptance or accession, or when she will make a statement in accordance with the by. 2 of art. 23 of this Convention, and will indicate the terms of the exercise of this power.
3 this Contracting Party may terminate the exercise of this power; She will inform the Secretary General of the Council of Europe.

Art. 25 1. Any Contracting Party may, at the time of signature or at the time of the deposit of its instrument of ratification, of acceptance or of accession, or when she will make a statement in accordance with the by. 2 of art. 23 of this Convention, a maximum of two reservations about the provisions of part II of this.
Reservations of a general nature are not permitted, each reservation may not only cover a provision.
Each reserve will have effect for five years from the entry into force of this Convention for the party. It may be renewed for successive periods of five years by means of a declaration addressed before the expiry of each period to the Secretary General of the Council of Europe.
2 any Contracting Party may withdraw, in whole or in part, a reservation under the preceding paragraph, by means of a declaration addressed to the Secretary General of the Council of Europe and which will take effect on the date of its receipt.

Art. 26. each Contracting Party shall communicate to the Secretary General of the Council of Europe the names and addresses of the authorities which might be shared applications provided for by art. 14 art. 27 1. This agreement will remain in effect indefinitely.
2 any Contracting Party may, in which her concerned, denounce this agreement by notice to the Secretary General of the Council of Europe.
3. the denunciation shall take effect six months after the date of receipt of the notification by the Secretary General.

Art. 28. 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: (a) any signature; (b) the deposit of any instrument of ratification, acceptance or accession, c. any date of entry into force of this Convention in accordance with its art. 21; (d) any notification received in application of the provisions of art. 1; (e) any notification received in application of the provisions of art. 2; (f) any declaration received pursuant to the provisions of by. 2 and 3 of art. 23; (g) any information received in application of the provisions of by. 2 and 3 of art. 24; (h) any reservation made under the provisions of the by. 1 of art. 25; (i) the renewal of any reserve, carried out in accordance with the provisions of the by. 1 of art. 25; (j) the withdrawal of any reservation carried out in application of the provisions of the by. 2 of art. 25; (k) any notification made under the provisions of art. 26; (l) any notification received in application of the provisions of art. 27 and the date at which the denunciation will take effect.

In faith of what, the undersigned, duly authorized to that effect, have signed this Convention.
Done at Strasbourg, 24 April 1967 in french and English, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe will be communicated certified copy conform to each of the signatory States and acceding.
(Follow signatures)

List of authorities to be transmitted the requests provided for by art. 14 Germany for the territory of Rhineland-Palatinate: conservation as Jugend und Soziales Rheinland - Pfalz Zentrale Adoptionsstelle Rheinallee 97-101 Postfach 2964 6500 Mainz for the territory of Hesse: Landesjugendamt Zentrale Adoptionsstelle Bismarckring 9 6200 Wiesbaden for the territory of North Rhine-Westphalia: Achterhoek Rheinland Landesjugendamt Kennedy - Ufer 2 Postfach 21.07.20 5000 Köln and Achterhoek Westfalen - Lippe Landesjugendamt Warendorfer Strasse 25 Postfach 61.25 4400 Munster for the territory of Berlin : Senator as Schule, Jugend und Sport Zentrale Adoptionsstelle Alte - Jakob - Strasse 12-13 1000 Berlin for the territory of the Saar: Landesjugendamt of Saarlandes Dudweiler Strasse 53 6600 Saarbrucken 3 for the territory of Baden-Württemberg: Landeswohlfahrtsverband Württemberg-Hohenzollern - Landesjugendamt - Lindenspurstrasse 39 Postfach 26.13 7000 Stuttgart 1 for the territory of the free Hanseatic City of Bremen, the free and Hanseatic City of Hamburg, Lower Saxony and Schleswig-Holstein : Gemeinsame Zentrale Adoptionsstelle der Länder of Bremen, Hamburg, Niedersachsen und Schleswig-Holstein Kaiser-Wilhelm-Straße 100 2000 Hamburg 36 for the territory of Bavaria: Zentrale Adoptionsstelle of the Bayerischer Landesjugendamtes Pilgersheimer Strasse 20 8000 München 90 Austria

-For the territory of Burgenland: Amt der Burgenlandischen Landesregierung Landhaus, 7000 Eisenstadt - for the territory of Carinthia: Amt der Kärntner Landesregierung, Arnulfplatz 2, 9020 Klagenfurt for the territory of the lower Austria: Amt der Niederosterreichischen Landesregierung Herrengasse 9-13, 1010 Wien - for the territory of the high-Austria: Amt der Austrian Landesregierung Klosterstrasse 7, 4010 Linz - for the territory of Salzburg: Amt der Salzburger Landesregierung Chiemseehof 5010 Salzburg - For the territory of Styria: Amt der Steiermärkischen Landesregierung Hofgasse, 8011 Graz - for the territory of Tyrol: Amt der Tiroler Landesregierung Maria Theresienstrasse 43, 6020 Innsbruck - for the territory of Vorarlberg: Amt der Vorarlberger Landesregierung Montfortstraße 12, 6900 Bregenz - for the territory of Vienna: magistrate der Stadt Wien Magistratsabtellung 11/Jugendamt 24, 1010 Vienna Schottenring.

Denmark Civilretsdirektoratet Aebelogade 1 DK - 2100 København Denmark O.
Greece Ministry of health and Welfare Division Child Protection 17, rue Aristotelous 10433 Athens Ireland in Ireland, the overall responsibility for the legislation on adoption is entrusted to the Ministry of health.
Any investigation of adoptions and the right adoption should be addressed to: Mr. J. Hurley Principal Officer Child Care Services Section Department of Health Hawkins House Dublin 2 - Ireland phone: (01) 71.47.11 the Commission on Adoption (Adoption Board) is usually responsible for individual applications and is headquartered in: 65, Merrion Square Dublin 2 - Ireland phone: (01) 76.20.04 the official (Registrar) of the Agency is Mr J. W. Cronin.
Italy in their territorial jurisdiction respectively competent juvenile courts.
Latvia Ministry of Welfare 28 Skolas str. Riga, LV-1331, Latvia Phone: + 371 67021600 Fax: + 371 67276445 E-mail: lm@lm.gov.lv Website: www.lm.gov.lv Liechtenstein Fürstlich - Liechtensteinisches Landgericht FL - 9490 Vaduz Macedonia Ministry of labour and the Malta social policy The Registrar of the Superior Courts The Courts of Law Republic Street Valletta - Malta Poland Ministry of Justice Aleje gunfire 11 00-950 Warsaw Czech Republic Office for International Legal Protection of Children (Urad pro ochranu deti mezinarodnepravni) Šilingrovo namesti 3 / 4 602 00 Brno Czech Republic Phone: + 420 542 215 522, + 420 542 215 443 Fax: + 420 542 212 836, + 420 542 217 900 Email: podatelna@umpod.cz Romania has) English language: Ministry of Justice Department of International Law and Treaties Strada Apollodor 17 Sector 5 Bucuresti, Cod 050741 Romaniab) French language: Department of Justice Department of International law and treaties Strada Apollodor 17 Sector 5 Bucuresti (, Cod 050741 Roumaniec) Romanian: Ministerul Justitiei Directia Drept international if Tratate Strada Apollodor 17 Sector 5 Bucuresti, Cod 050741 Romania Sweden Socialstyrelsen (National Board of health and Social Assistance) S-106 30 Stockholm Switzerland federal Office of the Justice CH-3003 Bern scope on October 25, 2011 States parties Ratification accession (A) entry into force Germany 10 November 1980 11 February 1981 Austria * may 28, 1980 August 29, 1980 Denmark * October 12, 1978 January 13, 1979 Greece * 23 July 1980 October 24, 1980 Ireland * January 25, 1968 26 April 1968 Italy * may 25, 1976 26 August 1976 Latvia * July 13, 2000 October 14, 2000 Liechtenstein, on September 25, 1981 26 December 1981 Macedonia * January 15, 2003 April 16, 2003 Malta 22 September 1967 26 April 1968 Poland * June 21, 1996 22 September 1996 Portugal * April 23, 1990 July 24, 1990 Czech Republic * September 8, 2000 December 9, 2000 Romania 18 May 1993 A 19 August 1993 United Kingdom Guernsey 1 September 1977 September 5, 1977 Jersey September 1, 1977 was September 5, 1977 Switzerland 29 December 1972 1 April 1973 * Reserves and reserves and statements are not published to the RO. Texts in french and English will be available at the address of the Council of Europe website: http://conventions.coe.int or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.

Exclusion of Sark.

1973 419 RO; FF 1971 I 1208 RO 1973 418 RO 1983 1177, 1984 735, 1987-430, 1989 376, 1994 1347, 2007 1175 and 2014 799.
RO 1973 428, 1976 1943, 1977 1298, 1978 802, 1979-1013, 1980 1557, 1981, 231, 1982 255, 1983 23, 1984 735, 1986, 70, 1987-430, 1989-376, 1991 903, 1994 1346, 1996 847, 2007 1175 and 2011 6531. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

State 8 April 2013

Related Laws