The purpose of this Convention is:

(a)

To establish safeguards to ensure that international adoptions take place in the best interests of the child and in accordance with the fundamental rights recognized in international law;

(b)

Establish a system of cooperation between the contracting states to ensure compliance with these guarantees and thus prevent the abduction, sale or trafficking of children;

(c)

To ensure recognition in the Contracting States of adoptions carried out under the Convention.

(1) The Convention shall apply when a child habitually resident in a Contracting State ("the State of origin") Has been, is or must be moved to another Contracting State ("the receiving State") , either after its adoption in the State of origin by spouses or a person habitually resident in the receiving State, or for such adoption in the receiving State or in the State of origin.

(2) The Convention shall only apply to adoptions establishing a link of filiation.

The Convention shall cease to apply if the acceptances referred to in Art. 17, let. C, were not given until the child reached the age of eighteen.

Adoptions under the Convention may only take place if the competent authorities of the State of origin:

(a)

Have established that the child is adopted;

(b)

Have noted, after having duly considered the child's placement in the State of origin, that an international adoption is in the best interests of the child;

(c)

Have ensured,

1.

That the persons, institutions and authorities whose consent is required for the adoption have been surrounded by the necessary and duly informed advice on the consequences of their consent, in particular on the maintenance or the breakdown, on account of the Adoption, legal links between the child and his or her family of origin,

2.

That they have freely given their consent in the required legal forms, and that this consent has been given or found in writing,

3.

The consents have not been obtained for payment or consideration of any kind and have not been withdrawn, and

4.

The consent of the mother, if required, has been given only after the birth of the child; and

(d)

Have ensured, having regard to the age and maturity of the child,

1.

It has been surrounded by advice and duly informed about the consequences of adoption and its consent to adoption, if it is required,

2.

The wishes and opinions of the child have been taken into account,

3.

The consent of the child to the adoption, where required, has been given freely, in the required legal forms, and that his consent has been given or found in writing, and

4.

That this consent has not been obtained for payment or consideration of any kind.

Adoptions under the Convention may only take place if the competent authorities of the host State:

(a)

Have found that prospective adoptive parents are qualified and able to adopt;

(b)

Ensured that prospective adoptive parents were provided with the necessary advice; and

(c)

Have found that the child is or will be allowed to enter and reside permanently in that State.

(1) Each Contracting State shall designate a Central Authority to fulfil its obligations under the Convention.

(2) A federal State, a State in which several systems of law are in force or a state with autonomous territorial units is free to designate more than one Central Authority and to specify the territorial or personal extent of their Functions. The State which makes use of this option shall designate the Central Authority to which any communication may be sent for transmission to the competent Central Authority within that State.

(1) The Central Authorities shall cooperate with each other and promote cooperation between the competent authorities of their States to ensure the protection of children and to achieve the other objectives of the Convention.

(2) They shall take all appropriate measures to:

(a)

Provide information on the adoption legislation of their States and other general information, such as statistics and standard forms;

(b)

To inform each other on the functioning of the Convention and, to the extent possible, remove obstacles to its application.

The Central Authorities shall, either directly or with the assistance of public authorities, take all appropriate measures to prevent undue material gain on the occasion of adoption and to prevent any practice contrary to the objectives of the Convention.

The Central Authorities shall take, either directly or with the assistance of public authorities or bodies duly approved in their State, any appropriate measures, in particular to:

(a)

To collect, retain and exchange information relating to the situation of the child and prospective adoptive parents, to the extent necessary for the implementation of the adoption;

(b)

Facilitate, follow and activate the procedure for adoption;

(c)

To promote in their states the development of advisory services for adoption and for the monitoring of adoption;

(d)

Exchange general evaluation reports on international adoption experiences;

(e)

To respond, to the extent permitted by the law of their State, to reasoned requests for information on a particular adoption situation formulated by other central authorities or by public authorities.

Only those organisations which demonstrate their ability to properly carry out the tasks that could be entrusted to them can benefit from the authorisation.

A registered organization must:

(a)

Pursue only non-profit-making purposes under the conditions and limits laid down by the competent authorities of the State of agreement;

(b)

Be directed and managed by persons qualified by their moral integrity and training or experience to act in the field of international adoption; and

(c)

Be subject to the supervision of competent authorities of that State for its composition, operation and financial situation.

An organisation approved in a Contracting State may act in another Contracting State only if the competent authorities of both States have authorised it.

The designation of the Central Authorities and, where applicable, the scope of their functions, as well as the name and address of the recognised organisations, shall be communicated by each Contracting State to the Permanent Bureau of the Hague Conference of Law Private international.

Persons habitually resident in a Contracting State who wish to adopt a child whose habitual residence is situated in another Contracting State must apply to the Central Authority of the State of their habitual residence.

(1) If the Central Authority of the host State considers that the applicants are qualified and able to adopt, it shall draw up a report containing information on their identity, their legal capacity and their ability to adopt, their situation Personal, family and medical, their social environment, the motivation behind them, their ability to assume international adoption, and the children they would be able to take care of.

(2) It shall transmit the report to the Central Authority of the State of origin.

(1) If the Central Authority of the State of origin considers the child to be adopted,

(a)

Prepares a report containing information on the child's identity, adoption, social environment, personal and family history, medical history and family history, as well as her specific needs;

(b)

It shall take due account of the educational conditions of the child, as well as of its ethnic, religious and cultural origin;

(c)

Ensures that the consents referred to in s. 4 were obtained; and

(d)

Based in particular on the reports concerning the child and the prospective adoptive parents, that the placement envisaged 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, the proof of the consents required and the reasons for its finding on the placement, ensuring that the identity of the mother and the father is not revealed, if in the State Of origin, this identity cannot be disclosed.

Any decision to entrust a child to prospective adoptive parents cannot be made in the State of origin only

(a)

If the Central Authority of that State has secured the agreement of the prospective adoptive parents;

(b)

If the Central Authority of the host State has approved this decision, where required by the law of that State or the Central Authority of the State of origin;

(c)

Whether the Central Authorities of the two States have agreed that the procedure for adoption should continue; and

(d)

If it has been found in accordance with s. 5 that prospective adoptive parents are qualified and able to adopt and that the child is or will be allowed to enter and reside permanently in the receiving State.

The Central Authorities of the two States shall take all necessary measures to ensure that the child receives leave to leave the State of origin, as well as that of entry and permanent residence in the receiving State.

(1) The movement of the child to the receiving State may take place only if the conditions of the art. 17 have been completed.

(2) The Central Authorities of both States shall ensure that such displacement is carried out safely, under appropriate conditions and, if possible, in the company of adoptive parents or prospective adoptive parents.

(3) If such travel does not take place, the reports referred to in s. 15 and 16 are returned to the expo authorities.

The Central Authorities shall keep informed of the adoption procedure and the measures taken to complete it, as well as on the conduct of the probationary period, where it is required.

(1) Where adoption is to take place after the child has been moved to the receiving State and the Central Authority of that State considers that the maintenance of the child in the host family is no longer in its best interest, this Authority shall take Measures relevant to the protection of the child, including:

(a)

To remove the child from those who wished to adopt it and to take care of it temporarily;

(b)

In consultation with the Central Authority of the State of origin, to ensure without delay a new placement of the child for adoption or, failing that, a sustainable alternative care; adoption may take place only if the Central Authority of The State of origin has been duly informed of the new adoptive parents;

(c)

As a last resort, to ensure the return of the child, if his or her interest so requires.

(2) Having regard in particular to the age and maturity of the child, the child shall be consulted and, where appropriate, his consent to the measures to be taken in accordance with this Article.

(1) The functions conferred on the Central Authority by this Chapter may be exercised by public authorities or by bodies approved in accordance with chap. III, to the extent provided for by the law of his State.

(2) A Contracting State may declare to the depositary of the Convention that the functions conferred on the Central Authority by s. 15 to 21 may also be exercised in that State, to the extent provided by law and under the supervision of the competent authorities of that State, by bodies or persons who:

(a)

Fulfil the conditions of morality, professional competence, experience and responsibility required by that State; and

(b)

Are qualified by their moral integrity and training or experience to act in the field of international adoption.

(3) The Contracting State making the declaration referred to in subs. 2 regularly informs the Permanent Bureau of the Hague Conference on Private International Law of the names and addresses of these bodies and persons.

(4) A Contracting State may declare to the depositary of the Convention that adoptions of children whose habitual residence is situated in its territory may take place only if the functions conferred on the Central Authorities are exercised As per s. 1.

(5) Notwithstanding any declaration made in accordance with s. 2, the reports under s. 15 and 16 shall, in all cases, be established under the responsibility of the Central Authority or other authorities or bodies, in accordance with subs. 1.

(1) An adoption certified in accordance with the Convention by the competent authority of the Contracting State in which it has taken place shall be recognised as of right in the other Contracting States. The certificate indicates when and by whom the acceptances referred to in s. 17, let. C, were given.

(2) Any Contracting State, at the time of signature, ratification, acceptance, approval or accession, shall notify the depositary of the Convention of the identity and functions of the authority or authorities in that State which are Competent to issue the certificate. It will also notify it of any changes in the designation of these authorities.

Recognition of an adoption may be refused in a Contracting State only if the adoption is manifestly contrary to its public order, taking into account the best interests of the child.

Any Contracting State may declare to the depositary of the Convention that it will not be required to recognize under the Convention the adoptions made in accordance with an agreement entered into pursuant to Art. 39, para. 2.

(1) The recognition of adoption shall include that

(a)

The relationship between the child and the adoptive parents;

(b)

Parental responsibility for adoptive parents to the child;

(c)

The termination of the pre-existing link between the child and his mother and his father, if the adoption produces that effect in the Contracting State in which it took place.

(2) If the adoption has the effect of breaking the pre-existing link of filiation, 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 an adoption producing that effect In each of these states.

(3) The preceding paragraphs shall not affect the application of any provision which is more favourable to the child, in force in the Contracting State which recognizes the adoption.

(1) Where an adoption in the State of origin does not have the effect of breaking the pre-existing link of filiation, it may, in the host State which recognizes the adoption in accordance with the Convention, be converted into a adoption producing that effect,

(a)

Whether the right of the receiving State so permits; and

(b)

If the consents referred to in s. 4, let. C and d have been or are being given for such adoption.

(2) Art. 23 applies to the conversion decision.

The Convention does not derogate from the laws of the State of origin which require that the adoption of a child habitually resident in that State must take place in that State or prohibit the placement of the child in the receiving State or its displacement To this state before its adoption.

No contact between prospective adoptive parents and the parents of the child or any other person who has custody of the child shall take place as long as the provisions of s. 4, let. A to c, and s. 5, let. A, have not been complied with, unless the adoption takes place between members of the same family or if the conditions laid down by the competent authority of the State of origin are fulfilled.

(1) The competent authorities of a Contracting State shall ensure that the information they hold on the origins of the child, in particular those relating to the identity of his mother and father, and the data on the medical history of Child and his or her family.

(2) They shall ensure the access of the child or his representative to such information, with the appropriate advice, to the extent permitted by the law of their State.

Subject to Art. 30, personal data collected or transmitted in accordance with the Convention, in particular those referred to in Art. 15 and 16, may be used for purposes other than those for which they were collected or transmitted.

(1) No person shall gain undue material gain by reason of an intervention on the occasion of an international adoption.

(2) Only fees and expenses may be claimed and paid, including reasonable fees for persons who have intervened in the adoption.

(3) Officers, directors and employees of organizations involved in an adoption shall not be paid a disproportionate amount of remuneration in relation to the services rendered.

Any competent authority which finds that one of the provisions of the Convention has been disregarded or is clearly in danger of being so notified shall immediately inform the Central Authority of the State of which it is responsible. This Central Authority is responsible for ensuring that appropriate measures are taken.

If the competent authority of the receiving State of a document requires it, a certified translation must be filed. Unless waived, translation costs are borne by prospective adoptive parents.

The competent authorities of the Contracting States shall act promptly in the adoption procedures.

In the light of a State which knows, with regard to adoption, two or more systems of law applicable in different territorial units:

(a)

Any reference to the habitual residence in that State is for the habitual residence in a territorial unit of that State;

(b)

Any reference to the law of that State refers to the law in force in the territorial unit concerned;

(c)

Any reference to the competent authorities or public authorities of that State shall be directed to the authorities empowered to act in the territorial unit concerned;

(d)

Any reference to the recognised organisations of that State shall apply to the recognised organisations in the territorial unit concerned.

With regard to a State which knows, in respect of adoption, two or more systems of law applicable to different categories of persons, any reference to the law of that State shall apply to the system of law designated by the law of that State.

A State in which different territorial units have their own rules of law on adoption will not be bound to apply the Convention when a State whose system of law is unified would not be obliged to apply it.

(1) The Convention shall not derogate from international instruments to which Contracting States are Parties and contain provisions on matters dealt with in this Convention, unless a contrary declaration is made by States bound by such instruments.

(2) Any Contracting State may enter into agreements with one or more other Contracting States with a view to promoting the application of the Convention in their mutual relations. Such agreements may derogate only from the provisions of Art. 14 to 16 and 18 to 21. States which have concluded such agreements shall transmit a copy to the depositary of the Convention.

No reservations to the Convention shall be permitted.

The Convention applies whenever an application under s. 14 was received after the entry into force of the Convention in the receiving State and the State of origin.

The Secretary-General of the Hague Conference on Private International Law shall periodically convene a Special Commission to examine the practical functioning of the Convention.

(1) The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at its seventeenth session and of the other States which participated in that Session.

(2) It shall be ratified, accepted or approved and 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.

(1) Any other State may accede to the Convention after its entry into force under Art. 46, para. 1.

(2) The instrument of accession shall be deposited with the depositary.

(3) Membership shall have effect only in relations between the acceding State and the Contracting States which have no objection to it within six months of the receipt of the notification provided for in Art. 48, let. B. Such an objection may also be raised by any State at the time of ratification, acceptance or approval of the Convention, subsequent to accession. These objections will be notified to the depositary.

(1) A State which comprises two or more territorial units in which different systems of law apply to the matters governed by that Convention may, at the time of signature, ratification, acceptance, Approval or accession, declare that this Convention shall apply to all its territorial units or only to one or more of them, and may, at any time, amend this declaration by making a new declaration.

(2) Such declarations shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.

(3) If a State does not make a declaration under this Article, the Convention shall apply to the whole territory of that State.

(1) The Convention shall enter into force on the first day of the month following the expiration of a period of three months after the deposit of the third instrument of ratification, acceptance or approval under s. 43.

(2) Thereafter, the Convention shall enter into force:

(a)

For each State ratifying, accepting or approving subsequently, or acceding, on the first day of the month following the expiration of a period of three months after the deposit of its instrument of ratification, acceptance, approval or accession;

(b)

For territorial units to which the Convention has been extended in accordance with Art. 45, on the first day of the month following the expiration of a period of three months after the notification referred to in that article.

(1) A State Party to the Convention may denounce the Convention by a notification in writing to the depositary.

(2) The denunciation shall take effect on the first day of the month following the expiration of a period of twelve months after the date of receipt of the notification by the depositary. Where a longer period for the taking of the denunciation is specified in the notification, the denunciation shall take effect upon the expiration of the period in question after the date of receipt of the notification.

The depositary shall notify the member States of the Hague Conference on private international law, the other States that participated in the seventeenth session, and the States which have acceded in accordance with the provisions of Art. 44:

(a)

Signatures, ratifications, acceptances and approvals referred to in s. 43;

(b)

Memberships and objections to adhesions referred to in s. 44;

(c)

The date on which the Convention enters into force in accordance with the provisions of Art. 46;

(d)

The declarations and designations referred to in s. 22, 23, 25 and 45;

(e)

The agreements referred to in s. 39;

(f)

Disclosures referred to in s. 47.

In witness whereof , the undersigned, duly authorized, have signed this Convention.

Done at The Hague, on May 29, 1993, in English and in French, the two 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 will be furnished, by the Diplomatic channel, to each of the member States of the Hague Conference on Private International Law at the seventeenth session, as well as to each of the other States participating in that Session.

(Suivent signatures)