Key Benefits:
Original text
Conclue to Strasbourg on 24 April 1967 Approved by the Federal Assembly on 27 April 1972 1 Instrument of ratification deposited by Switzerland on 29 December 1972 Entry into force for Switzerland 1 Er April 1973
(State on 8 April 2013)
Preamble
The member States of the Council of Europe, signatories to this Convention,
Considering that the aim of the Council of Europe is to achieve a closer union among its Members in order, in particular, to promote their social progress;
Considering that, although the institution of adoption of children exists in the legislation of all Council of Europe member states, there are divergent views in these countries on the principles that should govern adoption, as well as Differences in the adoption procedure and the legal effects of adoption,
Considering that the acceptance of common principles and common practices with regard to the adoption of children would help to overcome the difficulties caused by these differences and at the same time promote the good of children who Are adopted,
Have agreed as follows:
Each Contracting Party undertakes to ensure the conformity of its legislation with the provisions of Part II of this Convention and to notify the Secretary General of the Council of Europe of the measures taken to that end.
Each Contracting Party undertakes to take into account the provisions set out in Part III of this Convention and if it gives effect, or if, after having given effect, it ceases to give effect to any of these Shall be notified to the Secretary General of the Council of Europe.
This Convention concerns only the legal institution of the adoption of a child who, at the time when the adopter wishes to adopt it, has not attained the age of 18 years, is not or has not been married, and is not deemed to be major.
Adoption shall be valid only if it is pronounced by a judicial or administrative authority hereafter referred to as "the competent authority".
1. Subject to subs. 2 to 4 of this Article, adoption shall be pronounced only if at least the following consents have been granted and have not been withdrawn:
2. The competent authority shall not:
3. If the father or mother is deprived of parental rights to the child, or in any case the right to consent to adoption, the legislation may provide that his consent will not be required.
4. The consent of a mother to the adoption of a child shall be accepted only if it is given after the birth, at the expiration of the time limit prescribed by the legislation and which must not be less than 6 weeks or, if it is not specified, the When, in the opinion of the competent authority, the mother has been able to recover sufficiently from the childbirth.
5. In this section, "father" and "mother" means persons who are legally the parents of the child.
1. Legislation may allow the adoption of a child only by two persons in marriage, whether they adopt simultaneously or successively, or by a single adopter.
2. Legislation may allow a new adoption of a child only in one or more of the following cases:
1. A child may be adopted only if the adopter has attained the minimum age prescribed for that purpose, not less than 21 years of age or more than 35 years.
2. However, legislation may provide for the possibility of derogating from the minimum age requirement
The competent authority will only deliver an adoption if it has acquired the conviction that adoption will ensure the good of the child.
2. In each case, the competent authority will attach particular importance to ensuring that the child has a stable and harmonious home.
3. As a general rule, the competent authority will not consider the above conditions to be fulfilled if the age difference between the adopter and the child is less than that which usually separates the parents of their children.
The competent authority shall only take a decision after an appropriate investigation concerning the adopter, the child and his or her family.
2. The investigation shall, to the extent appropriate to each case, include, inter alia:
This investigation shall be entrusted to a person or body recognised by law or approved for that purpose by a judicial or administrative authority. It shall, as far as possible, be carried out by social workers who are qualified in this field by their training or by their experience.
4. The provisions of this Article shall not affect in any way the power and obligation of the competent authority to obtain any information or evidence concerning or not concerning the subject-matter of the investigation, and which it considers to be of use.
(1) Adoption shall confer on the adopter in respect of the adopted child the rights and obligations of any kind which are those of a father or mother in respect of his or her legitimate child.
Adoption shall confer on the adoption of the adopter the rights and obligations of any kind which are those of a legitimate child in respect of his or her father or mother.
2. As soon as the rights and obligations referred to in s. 1 of this Article, the rights and obligations of the same nature between the adopted person and his or her father or mother or any other person or body cease to exist. Nevertheless, the law may provide that the spouse of the adopter retains his or her rights and obligations to the adoption if the adopter is his or her legitimate, illegitimate or adoptive child.
In addition, the legislation may maintain a child's maintenance obligation for parents, the obligation to maintain, establish and staff it in the event that the adopter fails to fulfil one of those obligations.
3. As a general rule, the adoption will be able to acquire the surname of the adopter or to add it to his own name.
4. If a lawful parent has the right of enjoyment in the property of his or her child, the right of enjoyment of the adopter on the property of the adopted person may, notwithstanding s. 1 of this article, be limited by legislation.
5. In matters of succession, to the extent that the law gives the legitimate child a right in the succession of his or her father or mother, the adopted child shall be treated in the same manner as if he were the legitimate child of the adopter.
1. If the adopted child does not have, in the case of adoption by a single person, the nationality of the adopter or, in the case of adoption by the spouses, their nationality, the Contracting Party whose adopter or enacting persons are nationals Facilitate the acquisition of nationality by the child.
2. The loss of nationality that may result from adoption is subject to possession or acquisition of another nationality.
1. The number of children that may be adopted by the same adopter shall not be limited by legislation.
2. It may not be prohibited by legislation for a person to adopt a child on the ground that he or she has, or may have, a legitimate child.
If the adoption improves the legal situation of the child, it may not be prohibited by the legislation of a person to adopt his illegitimate child.
As long as the adoption is not a major one, adoption may be revoked only by decision of a judicial or administrative authority on serious grounds and only if the revocation for such reasons is permitted by law.
2. The preceding paragraph does not apply to cases where:
Where investigations for the application of s. 8 and 9 of this Convention shall relate to a person who resides or has resided in the territory of another Contracting Party, this Contracting Party shall endeavour to ensure that the necessary information requested is Provided without delay. The authorities may communicate directly with each other for this purpose.
Arrangements will be made to prohibit any unjustified gains from the release of a child for adoption.
Each Contracting Party shall retain the right to adopt provisions that are more favourable to the adopted child.
Adoption may be made only if the child has been entrusted with the care of the adopters for a sufficiently long period so that the competent authority can reasonably assess the relationship between them if the adoption were Pronounced.
The Public Authorities shall ensure the promotion and functioning of public or private institutions to which those who wish to adopt or have adopted a child may apply for assistance and advice.
The social and legal aspects of adoption will be included in the training programmes for social workers.
1. Arrangements will be made for adoption, where appropriate, to intervene without the identity of the adopter being revealed to the child's family.
2. Arrangements will be made to prescribe or allow the adoption procedure to take place behind closed doors.
3. The adopter and the adopted person may obtain documents extracted from the public registers, the content of which attests to the fact, the date and place of the birth of the adopted person, but does not expressly indicate the adoption or the identity of its parents of origin.
4. The public registers shall be maintained or, at the very least, their statements reproduced in such a way that persons who do not have a legitimate interest cannot learn that a person has been adopted, or, if that fact is known, The identity of its parents of origin.
This Convention shall be open for signature by the member States of the Council of Europe. It will be ratified or accepted. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.
2. The Convention shall enter into force three months after the date of the deposit of the third instrument of ratification or acceptance.
3. It shall enter into force in respect of any signatory State ratifying or accepting it at a later date, three months after the date of the deposit of its instrument of ratification or acceptance.
After the entry into force of this 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. Accession shall be effected by the deposit, by the Secretary General of the Council of Europe, of an instrument of accession which shall take effect three months after the date of its deposit.
(1) Any Contracting Party may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance or accession, designate the territory or territories to which this Convention shall apply.
(2) Any Contracting Party may, at the time of deposit of its instrument of ratification, acceptance or accession, or at any other time thereafter, extend the application of this Convention by declaration addressed to the Secretary General of the Council of Europe, in any other territory designated in the declaration for which it is responsible for international relations or for which it is entitled to stipulate.
(3) Any declaration made under the preceding paragraph may be withdrawn, in respect of any territory designated in that declaration, under the conditions laid down in Art. 27 of this Convention.
(1) Any Contracting Party whose legislation provides for more than one form of adoption shall have the right to apply only to one of those forms the provisions of s. 1, 2, 3 and 4 of s. 10 of this Convention, and paras. 2 and 3 of Art. 12.
2. The Contracting Party making use of this option shall notify the Secretary General of the Council of Europe at the time of signature or at the time of deposit of its instrument of ratification, acceptance or accession, or Declaration in accordance with par. 2 of the art. 23 of this Convention, and shall indicate the modalities for the exercise of this option.
3. This Contracting Party may terminate the exercise of this option; it shall notify the Secretary General of the Council of Europe.
(1) Any Contracting Party may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance or accession, or when it makes a declaration in accordance with par. 2 of the art. 23 of this Convention, make a maximum of two reservations concerning the provisions of Part II thereof.
Reservations of a general nature are not permitted, each reservation may relate only to a provision.
Each reservation shall have effect for five years from the entry into force of this Convention in respect of the Party concerned. 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 made by it 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.
Each Contracting Party shall communicate to the Secretary General of the Council of Europe the names and addresses of the authorities to which applications under s. 14.
(1) This Convention shall remain in force without limitation of time.
2. Any Contracting Party may, as far as it is concerned, denounce this Convention by sending a notification to the Secretary General of the Council of Europe.
The denunciation shall take effect six months after the date of receipt of the notification by the Secretary General.
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:
In witness whereof, The undersigned, duly authorized to that effect, have signed this Convention.
Done at Strasbourg, 24 April 1967 in English and French, 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 shall transmit certified copies to each of the signatory and acceding States.
(Suivent signatures)
Germany
For the territory of Rhineland-Palatinate:
Landesamt für 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:
Landschaftsverband Rheinland
Landesjugendamt
Kennedy-Ufer 2
Postfach 21.07.20
5000 Köln
And
Landschaftsverband Westfalen-Lippe
Landesjugendamt
Warendorfer Strasse 25
Postfach 61.25
4400 Münster
For the territory of Berlin:
Senator für Schule, Jugend und Sport
Zentrale Adoptionsstelle
Alte-Jakob-Strasse 12-13
1000 Berlin
For the territory of the Saar:
Landesjugendamt des Saarlandes
Dudweiler Strasse 53
6600 Saarbrücken 3
For the territory of Baden-Württemberg:
Landeswohlfahrtsverband
Württemberg-Hohenzollern
-Landesjugendamt -
Lindenspürstrasse 39
Postfach 26.13
7000 Stuttgart 1
For the territory of the Hanseatic Free City of Bremen, of the Free and Hanseatic City of Hamburg, Lower Saxony and Schleswig-Holstein:
Gemeinsame Zentrale Adoptionsstelle der Länder Bremen,
Hamburg, Niedersachsen und Schleswig-Holstein
Kaiser-Wilhelm-Strasse 100
2000 Hamburg 36
For the territory of Bavaria:
Zentrale Adopted Bayerischen Landesjugendamtes
Pilgersheimer Strasse 20
8000 München 90
Austria
Denmark
Civilretsdirektoratet AEbeløgade 1 DK-2100 København Ø Denmark.
Greece
Ministry of Health and Prevoyance
Child Protection Division
17, rue Aristotelous
10433 Athens
Ireland
In Ireland, overall responsibility for adoption legislation is vested in the Ministry of Health.
Any adoption and adoption inquiries should be directed to:
Mr. J. Hurley
Principal Officer
Child Care Services Section
Department of Health
Hawkins House
Dublin 2-Ireland
Telephone: (01) 71.47.11
The Adoption Board is usually responsible for individual applications and its seat is:
65, Merrion Square
Dublin 2-Ireland
Telephone: (01) 76.20.04
The official (Registrar) of this organization is Mr. J. W. Cronin.
Italy
Courts for children, respectively, competent in their territorial jurisdiction.
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 Social Policy
Malta
The Registrar of the Superior Courts
The Courts of Law
Republic Street
Valletta-Malta
Poland
Ministry of Justice Aleje Ujazdowskie 11 00-950 Warsaw
Czech Republic
Office for International Legal Protection of Children (Urad pro mezinárodneprávni ochranu deti) Šilingrovo námesti 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
Sweden
Socialstyrelsen
(National Commission on Health and Social Assistance)
S-106 30 Stockholm
Switzerland
Federal Office of Justice
CH-3003 Berne
States Parties |
Ratification Accession (A) |
Entry into force |
||
Germany |
10 November |
1980 |
February 11 |
1981 |
Austria * |
28 May |
1980 |
29 August |
1980 |
Denmark * |
12 October |
1978 |
13 January |
1979 |
Greece * |
July 23 |
1980 |
24 October |
1980 |
Ireland * |
25 January |
1968 |
April 26 |
1968 |
Italy * |
25 May |
1976 |
26 August |
1976 |
Latvia * |
July 13 |
2000 |
14 October |
2000 |
Liechtenstein |
September 25 |
1981 |
26 December |
1981 |
Macedonia * |
15 January |
2003 |
April 16 |
2003 |
Malta |
22 September |
1967 |
April 26 |
1968 |
Poland * |
21 June |
1996 |
22 September |
1996 |
Portugal * |
April 23 |
1990 |
24 July |
1990 |
Czech Republic * |
8 September |
2000 |
9 December |
2000 |
Romania * |
18 May |
1993 A |
19 August |
1993 |
United Kingdom |
||||
Guernsey A |
1 Er September |
1977 A |
September 5 |
1977 |
Jersey |
1 Er September |
1977 A |
September 5 |
1977 |
Switzerland |
29 December |
1972 |
1 Er April |
1973 |
* |
Reservations and declarations Reservations and declarations are not published in the RO. The texts in English and French can be consulted at the Council of Europe website: http://conventions.coe.int or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne. |
|||
A |
Exclude Sercq. |
|||
1 RO 1973 418
2 RO 1983 1177, 1984 735, 1987 430, 1989 376, 1994 1347, 2007 1175 and 2014 799.
3 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 updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).