0.211.221.311 original text Convention on protection of children and cooperation in the field of international adoption concluded at the Hague on 29 May 1993, approved by the Federal Assembly on 22 June 2001 ratification Instrument deposited by the Switzerland on 24 September 2002 entry into force for the Switzerland on 1 January 2003 (State March 18, 2014) States signatories to this Convention Recognizing that, for the development of his personality, the child should grow up in a family environment, in an atmosphere of happiness, love and understanding, recalling that each State should take, by priority, appropriate measures to allow for maintenance of the child in his family of origin, recognizing that international adoption may present the advantage of a permanent family to the child for which a suitable family cannot be found in its original state convinced of the need to provide for measures to ensure that intercountry adoptions take place in the best interests of the child and respect for his fundamental rights, as well as to prevent the abduction, sale or trafficking in children, wishing to establish for this purpose of the common provisions which take account of the recognized by international instruments, notably by the United Nations Convention on the rights of the child on November 20, 1989, and by the Declaration of the United Nations on social and legal principles applicable to the protection and well-being of children, especially considered in terms of adoption and family placement on both national and international practices (Resolution of the General Assembly 41/85, of 3 December 1986), have agreed on the following provisions: chapter I scope of the Convention art. 1. this Convention is intended: a) to establish safeguards to ensure that intercountry adoptions take place in the best interests of the child and with respect for the fundamental rights that are recognized in international law; b) to establish a system of cooperation between the Contracting States to ensure respect for these guarantees to prevent the abduction, sale or trafficking of children; c) to ensure the recognition in Contracting States of adoptions carried out according to the Convention.
Art. 2 (1) the Convention applies when a child residing usually in State Contracting ("State of origin") has been, is, or should be moved to another State Contracting ("the receiving State") either after its adoption in the State of origin by spouses or a person resident in the host State, either for such adoption in the State of reception or in the State of origin.
(2) the Convention covers only adoptions establishing a bond of filiation.
Art. 3 the Convention ceases to apply if the acceptance referred to in art. 17, let. c, were not given until the child has reached the age of eighteen years.
Chapter II Conditions of international adoptions art. 4 adoptions referred by the Convention can take place only if the competent authorities of the State of origin: a) have established that the child is adoptable; b) found, after duly examining opportunities for placement of the child in its original state, that international adoption meets the best interests of the child; c) ensured, 1. only the persons, institutions and authorities whose consent is required for adoption were surrounded necessary and duly informed advice on the implications of their consent, in particular on maintaining or breaking, due to an adoption, the legal links between the child and his family of origin, 2. that they have given their consent freely in the required legal form, and that this consent has been given or found in writing 3. that the consents were not achieved by means of payment or consideration of any kind and that they have not been removed, 4. that the consent of the mother, if it is required, not been gave only after the birth of the child; and (d) ensured, having regard to the age and maturity of the child, 1. that it has been surrounded by advice and duly informed on the consequences of adoption and of consent to adoption, if required, 2. that the wishes and views of the child were taken into account, 3. that the consent of the child to the adoption, when it is required, has been given freely, in the required legal form, and that consent has been given or evidenced in writing, 4. that this consent is not given for payment or consideration of any kind.
Art. 5 adoptions referred by the Convention can take place only if the competent authorities of the host State: a) found that the adoptive parents are qualified and able to adopt; b) ensured that the prospective adoptive parents were surrounded by necessary advice; etc) have found that the child is or will be authorized to enter and reside permanently in that State.
Chapter III central authorities and accredited bodies art. 6 (1) each Contracting State shall designate a central authority to meet the obligations imposed by the Convention.
(2) a federal State, a State in which several legal systems 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 duties scope. The State which makes use of this option designates the central authority to which any communication may be addressed for transmission to the appropriate central authority within that State.
Art. 7 (1) central authorities shall co-operate with each other and promote co-operation between the competent authorities of their States to ensure the protection of children and the other objectives of the Convention.
(((2) they take directly all appropriate measures to: a) provide information on the laws of their States concerning adoption and other general information, such as statistics and formulas types; b) to inform each other on the operation of the Convention and, to the extent possible, remove obstacles to its application.
Art. 8. the central authorities take, either directly or with the assistance of public authorities, all appropriate measures to prevent undue material gain on the occasion of adoption and prevent any practice contrary to the objectives of the Convention.
Art. 9 the central authorities take, either directly or with the assistance of public authorities or bodies duly accredited in their State, all appropriate measures, including for: a) gather, preserve and exchange information about the situation of the child and the adoptive parents, to the extent necessary to achieve the adoption; b) facilitate, track and activate the procedure for adoption; c) promote the development of advice for adoption and follow-up services in their States adoption; d) Exchange General evaluation reports on experiences in international adoption; e) answer, to the extent permitted by the law of their State, to the motivated requests for information about a particular situation of adoption by other central authorities or by public authorities.
Art. 10 can only benefit from the approval and keep it organizations that demonstrate their ability to properly complete the missions which could be entrusted.
Art. 11 an approved body shall: a) continue only non profit under the conditions and limits laid down by the competent authorities of the State for approval; b) be directed and managed by persons qualified by their integrity moral and their training or experience to act in the field of international adoption; etc) be subject to the supervision of the competent authorities of that State to its composition, operation and financial situation.
Art. 12. a body accredited in a Contracting State may act in another Contracting State only if the competent authorities of both States have authorized it.
Art. 13. the designation of central authorities and, where appropriate, the scope of their functions, as well as the name and address of the approved bodies are communicated by each Contracting State to the Permanent Bureau of the the Hague Conference of private international law.
Chapter IV procedural requirements in intercountry adoption article 14 people usually 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.
Art. 15 (1) if the central authority of the host State considers that applicants are qualified and able to adopt, it shall prepare a report containing information on their identity, their legal capacity and their ability to adopt, their personal, family, and medical, social situation, the reasons that drive them, their ability to take on an international adoption and the children that they would be able to support.
(2) it shall forward the report to the central authority of the State of origin.
Art. 16 (1) if the central authority of the State of origin considers that the child is adoptable,
((a) it shall prepare a report containing information on the identity of the child, its adoptability, social milieu, his personal and family development, his medical history and his family, as well as on its special needs; b) it takes due account of the educational conditions of the child, as well as its ethnic, religious and cultural origin; c) it ensures that the consents referred to in art. 4 were obtained; ETD) it finds, based on the reports on the child and the adoptive parents, the envisaged placement is in the best interests of the child.
(2) it transmits to the central authority of the receiving State its report on the child, proof of the required consents and the reasons for its finding on the placement, ensuring not to reveal the identity of the mother and the father if, in the State of origin, this identity cannot be disclosed.
Art. 17 any decision to entrust a child to the adoptive parents can be taken in the State of origin that a) if the central authority of that State has secured the agreement of the adoptive parents; b) if the central authority of the receiving State has approved this decision, when required by the law of that State or the central authority of the State of origin; c) if the central authorities of both States have agreed that the procedure for adoption to continue; ETD) if it has been found in accordance with art. 5 that the adoptive parents are qualified and able to adopt and that the child is or will be authorized to enter and live permanently in the receiving State.
Art. 18 central authorities of both States shall take all useful measures that the child receives approval of exit of the State of origin, as well as entry and permanent residence in the host State.
Art. 19 (1) the removal of the child to the receiving State can take place only if the conditions of the art. 17 have been met.
(2) the central authorities of both States ensure that this displacement takes place safely, under conditions appropriate and, if possible, in the company of the adoptive parents or the adoptive parents.
(3) If this movement is irrelevant, the reports referred to in art. 15 and 16 are referred to the authorities who forwarded them.
Art. 20 central authorities are informed about the adoption process and the measures taken to carry it to term, as well as on the conduct of the probationary period, when it is required.
Art. 21 (1) when the adoption must take place after the removal of the child in the host State and the central authority of that State considers that the maintenance of the child in the foster home is no longer his best interests, this authority take appropriate measures to the protection of the child, in view notably: has) to take the child to people who wanted to adopt it and to take care of temporarily; b) in consultation with the central authority of the State of origin to ensure without delay a new placement of the child in view of its adoption or, failing, a sustainable alternative care; an adoption may take place only if the central authority of the State of origin has been duly informed on the new adoptive parents; c) ultimately, ensure the return of the child, if his interest.
(2) having regard to the age and maturity of the child, it will be consulted and, where appropriate, its consent on the measures to be taken in accordance with this section.
Art. 22. (1) the functions entrusted to the central authority under this chapter may be performed by public authorities or by bodies accredited under Chapter III, to the extent provided by the law of his State.
(2) a Contracting State may declare to the depositary of the Convention that the functions entrusted to the central authority by the art. 15-21 can also be performed in this State, to the extent provided by law and under the control of the competent authorities of that State, by people or organizations who: has) meet the conditions of morality, professional competence, experience and responsibility required by this State; ETB) are qualified by their integrity, morals and their training or experience to act in the field of international adoption.
(3) the Contracting State making the declaration referred to the by. 2 regularly inform the Permanent Bureau of the Hague Conference of 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 located in its territory may only take place if the functions entrusted to the central authorities are exercised in accordance with the by. 1. (5) Notwithstanding any declaration made in accordance with the by. 2, the reports provided for in art. 15 and 16, in all cases, shall be under the responsibility of the central authority or other authorities or agencies, in accordance with the by. 1. Chapter V recognition and effects of the adoption of art. 23 (1) an adoption certified in conformity with the Convention by the competent authority of the Contracting State where it took place is recognized in its own right in other Contracting States. The certificate indicates when and by whom the acceptance referred to in art. 17, let. c, were given.
(2) any Contracting State, at the time of signature, ratification, acceptance, approval or accession, notify the depositary of the Convention the identity and the functions of the authority or authorities which, in that State, are competent to issue the certificate. It shall give notice as any change in the designation of such authorities.
Art. 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.
Art. 25. any Contracting State may declare to the depositary of the Convention that it will not have to recognize adoptions made in accordance with an agreement reached in application of art under this. 39, by. 2 art. 26. (1) the recognition of adoption includes a) of the parent-child relationship between the child and the adoptive parents; b) of parental responsibility of the adoptive parents for the child; c) from the breaking of the link pre-existing of filiation between the child and his mother and father, if the adoption to this effect in the Contracting State where it took place.
(2) if adoption has the effect of breaking the pre-existing relationship, the child enjoys, in the host State and in any other Contracting State where the adoption is recognized, rights equivalent to those resulting from adoption producing this effect in each such State.
(3) the preceding paragraphs do not affect the application of any provision more favourable for the child, in force in the Contracting State which recognizes the adoption.
Art. 27. (1) when an adoption made in the State of origin does not break the pre-existing relationship, it can be converted into an adoption producing this effect, in the host State which recognizes the adoption in accordance with the Convention, has) if the law of the host State so permits; ETB) if the consents referred to in art. 4, let. c and d, have been or are given for such adoption.
(2) art. 23 applies to the decision of conversion.
Chapter VI provisions general art. 28. the Convention is no exception to the laws of the State of origin which requires that the adoption of a child normally resident in that State should take place in this State or that prohibit the placement of the child in the host State or moving to this state before its adoption.
Art. 29. no contact between the prospective adoptive parents and the child's parents or any other person who has custody of it cannot take place until the provisions of art. 4, let. a to c, and art. 5, let. a, have not been met, 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 met.
Art. 30. (1) the competent authorities of a Contracting State shall keep the information they hold about the origins of the child, including those relating to the identity of his mother and his father, as well as data on the medical history of the child and his family.
(2) they provide the child or his/her representative access to this information, with proper guidance, to the extent permitted by the law of their State.
Art. 31 subject to art. 30, personal data gathered or transmitted under the Convention, in particular those referred to in art. 15 and 16, can be used for other purposes than those for which they were gathered or transmitted.
Art. 32. (1) No person shall make an undue material gain as a result of intervention on the occasion of an international adoption.
(2) only may be requested and paid for the costs and expenses, including reasonable professional fees of persons involved in the adoption.
(3) the officers, directors and employees of bodies involved in an adoption may receive compensation out of proportion to the services rendered.
Any competent authority which finds that one of the provisions of the Convention was unknown or may obviously be inform as soon as the central authority of the State. This central authority has the responsibility to ensure that appropriate measures are taken.
Art. 34. If the competent authority of the State recipient of a document requires, a compliant certified translation must be filed. Except dispensation, translation fees are the responsibility of the prospective adoptive parents.
Art. 35. the competent authorities of the Contracting States act quickly in adoption procedures.
Art. 36 in relation to a State which has two or more systems of law applicable in different territorial units, adoption,: a) any reference to residence in this State is habitual residence in a territorial State unit; b) any reference to the law of this State is the law in force in the relevant territorial unit; c) any reference to the competent authorities or to the public authorities of that State is the authorities authorized to act in the territorial unit concerned; d) any reference to bodies of this State seeks the bodies approved in the relevant territorial unit.
Art. 37. in the light of a State which has two or more systems of law applicable to different categories of persons, adoption, any reference to the law of this State seeks the law designated by the law of this system.
Art. 38. a State in which various territorial units have their own rules of law in adoption is not required to apply the Convention where a State whose legal system is unified will not be required to apply it.
Art. 39 (1) the Convention is no exception to the international instruments to which Contracting States are Parties and which contain provisions on the matters dealt with by this Convention, unless a contrary declaration is made by the States bound by such instruments.
(2) any Contracting State may enter into with one or more other Contracting States of the agreements to encourage the application of the Convention in their mutual relationships. These agreements may derogate only from the provisions of art. 14 to 16 and 18 to 21. States which have concluded such agreements and will transmit a copy to the depositary of the Convention.
Art. 40. no reservation to the Convention is made.
Art. 41. the Convention applies whenever an application referred to in art. 14 has been received after the entry into force of the Convention in the host State and the State of origin.
Art. 42. the Secretary general of the Hague Conference on international private shall periodically convene a Special Commission in order to review the practical operation of the Convention.
Chapter VII Clauses finals art. 43 (1) the Convention is open for signature by the States which were members of the Hague Conference on private international law at its seventeenth session and the other States which participated in that Session.
(2) it will be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Department of business foreign of the Kingdom of Netherlands, depositary of the Convention.
Art. 44. (1) any other State may accede to the Convention after its entry into force under art. 46, by. 1. (2) the instrument of accession shall be deposited with the depositary.
(3) the accession shall have effect only in relations between the State joining and Contracting States that's have not raised objection against her within six months after 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 a ratification, acceptance or approval of the Convention, later joining. These objections shall be notified to the depositary.
Art. 45 (1) a State which has two or more territorial units in which different legal systems apply to the matters governed by this Convention may, at the time of signature, ratification, acceptance, approval or accession, declare that this Convention will apply to all its territorial units or only to one or to several of them , and may at any time change this statement by a new declaration.
(2) these declarations shall be notified to the depositary and will expressly indicate the units local to which the Convention applies.
(3) If a State makes no declaration under this article, the Convention will apply to the whole of the territory of that State.
Art. 46 (1) the Convention will enter into force 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 provided by art. ((43 (2) subsequently, the Convention will enter into force: a) for each State ratifying, accepting or approving subsequently, or adhering, 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 the territorial units to which the Convention has been extended in accordance with art. 45, the first day of the month following the expiration of a period of three months after the notification referred to in this article.
Art. 47 (1) any State party to the Convention may denounce it 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. When a longer period for the taking into effect of the denunciation is specified in the notification, the denunciation shall take effect on the expiry of the period in question after the date of receipt of the notification.
Art. 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, as well as to the States which have acceded in accordance with the provisions of art. 44: a) the signatures, ratifications, acceptances and approvals referred to in art. 43; b) the accessions and objections to the accessions referred to in art. 44; c) the date on which the Convention will enter into force in accordance with the provisions of art. 46; d) the declarations and designations referred to in art. 22, 23, 25 and 45; e) the agreements referred to in art. 39; f) the denunciations referred to in art. 47. in faith of what, the undersigned, duly authorized, have signed this Convention.
Done at the Hague on 29 May 1993, in french and English, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of Netherlands, and of which a certified copy shall be given, through diplomatic channels, to each of the Member States of the Hague Conference of private international during the seventeenth session as well as each of the other States who participated in this Session.
List of central authorities and competent authorities satisfy the obligations imposed by the Convention on the protection of children and cooperation in intercountry adoption according to art. 6 and 23 Switzerland Federal Central Authority: federal justice unit international law Office private Bundesrain 20 3003 Berne Switzerland Telephone + 41 (31) 323 8864 fax + 41 (31) 322 7864 e-mail: firstname.lastname@example.org central authorities cantonal scope on 18 March 2014 States parties Ratification, accession (A) entry into force South Africa 21 August 2003 has 1 December 2003 Albania 12 September 2000 1 January 2001 Germany * November 22, 2001 1 March 2002 Andorra * 3 January 1997 1 May 1997 Armenia * March 1, 2007 June 1, 2007 Australia * 25 August 1998 1 December 1998 Austria * 19 May 1999 1 September 1999 Azerbaijan * June 22, 2004 1 October 2004 Belarus * July 17, 2003 November 1, 2003 Belgium * may 26, 2005 September 1, 2005 Belize December 20, 2005 A April 1, 2006 Bolivia * March 12, 2002 July 1, 2002 Brazil * March 10, 1999 1 July 1999 Bulgaria * may 15, 2002 September 1, 2002 Burkina Faso * January 11, 1996
May 1, 1996 Burundi October 15, 1998 February 1, 1999 Cambodia April 6, 2007 was August 1, 2007 Canada * December 19, 1996 April 1, 1997 Green - September 4, 2009 A January 1, 2010 Chile July 13, 1999 1 November 1999 China * 16 September 2005 1 January 2006 Cyprus * February 20, 1995 1 June 1995 Colombia * July 13, 1998 November 1, 1998 Costa Rica October 30, 1995 February 1, 1996 Croatia * 5 December 2013 has Cuba 20 April 1, 2014 February 2007 Denmark June 1, 2007 * July 2, 1997 November 1, 1997 Greenland September 4, 2009 January 1, 2010 Faroe Islands December 15, 2006 April 1, 2007 El Salvador El * November 17, 1998 1 March 1999 Ecuador September 7, 1995 1 January 1996 Spain * July 11, 1995 November 1, 1995 Estonia 22 February 2002 was 1 June 2002 United States * December 12, 2007 April 1, 2008 Fiji 29 April 2012 was August 1, 2012 Finland March 27, 1997 1 July 1997 France *.
June 30, 1998 1 October 1998 Georgia April 9, 1999 was 1 August 1999 Greece * September 2, 2009 January 1, 2010 Guatemala November 26, 2002 has March 1, 2003 Guinea 21 October 2003 A
February 1, 2004 Haiti December 16, 2013 April 1, 2014 Hungary * April 6, 2005 August 1, 2005 India June 6, 2003 October 1, 2003 Ireland 28 July 2010 November 1, 2010 Iceland 17 January 2000 has 1 May 2000 Israel February 3, 1999 June 1, 1999 Italy * 18 January 2000 may 1, 2000 Kazakhstan 9 July 2010 A November 1, 2010 Kenya 12 February 2007 was June 1, 2007 Lesotho 24 August 2012 December 1, 2012 Latvia * 9 August
2002 1 December 2002 Liechtenstein * January 26, 2009 may 1, 2009 Lithuania 29 April 1998 was 1 August 1998 Luxembourg * July 5, 2002 November 1, 2002 Macedonia 23 December 2008 has April 1, 2009 Madagascar may 12, 2004 September 1, 2004 Mali may 2, 2006 to September 1, 2006 Malta 13 October 2004 A February 1, 2005 28 September 1998 Maurice has 1 January 1999 Mexico * 14 September 1994 may 1, 1995 Moldova April 10, 1998 at 1 August
1998 Monaco June 29, 1999 October 1, 1999 Mongolia April 25, 2000 has 1 August 2000 Montenegro * March 9, 2012 July 1, 2012 Norway * September 25, 1997 January 1, 1998 New Zealand 18 September 1998 was 1 January 1999 Panama * 29 September 1999 1 January 2000 Paraguay 13 May 1998 was 1 September 1998 Netherlands 26 June 1998 1 October 1998 part Caribbean (Bonaire (, Sint Eustatius and Saba) October 18, 2010 1 February 2011 Peru * September 14, 1995 1 January 1996 Philippines July 2, 1996 1 November 1996 Poland * June 12, 1995 October 1, 1995 Portugal * 19 March 2004 1 July 2004 Dominican Republic 22 November 2006 A March 1, 2007 Czech Republic February 11, 2000 June 1, 2000 Romania 28 December 1994 may 1, 1995 United Kingdom * February 27, 2003 1 June 2003 Isle of Man 1 July 2003 Rwanda 28 November 1, 2003 March 2012 July 1, 2012 San - Marino 6 October 2004 has February 1, 2005 Senegal 24 August 2011 December 1, 2011 Serbia 18 December 2013 April 1, 2014 Seychelles 26 June 2008 has 1 October 2008 Slovakia 6 June 2001 October 1, 2001 Slovenia January 24, 2002 may 1, 2002 Sri Lanka * January 23, 1995 May 1, 1995 Sweden * 28 May 1997 1 September 1997 Switzerland * 24 September 2002 1 January 2003 Swaziland March 5, 2013 has 1 July 2013 Thailand April 29, 2004 August 1, 2004 Togo 12 October 2009 A 1 February 2010 Turkey may 27, 2004 September 1, 2004 Uruguay December 3, 2003 April 1, 2004 Venezuela * January 10, 1997 may 1, 1997 Viet Nam November 1, 2011 February 1, 2012 * reservations and declarations.
Reservations and declarations, with the exception of Switzerland, are not published to the RO. Texts in french and English can be found at the address of the website of the Hague Conference: http://hcch.e-vision.nl/index_fr.php or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.
The accession of Cambodia was not accepted by the Germany, the Netherlands and the United Kingdom.
Membership of the Guatemala has not been accepted by the Germany, the Canada, the Spain, the Netherlands and the United Kingdom.
The membership of Guinea was not accepted by the Germany.
Membership of Lesotho was not accepted by the Germany.
The accession of Rwanda was not accepted by the Germany.
Statements Switzerland art. 22. the Switzerland declares that adoptions of children whose habitual residence is located on the territory of the Switzerland cannot take place if the functions entrusted to the central authorities are performed in accordance with the by. 1 of art. 22 of the Convention.
Art. 25. the Switzerland declares that it shall not be required to recognize the Convention adoptions made in accordance with an agreement concluded by application of art. 39 by. 2, the - one.
2003 415 RO; FF 1999 5129 RO 2003 414 RS 0.107 list of central authorities and foreign authorities is not published to the RO. Lists in french and English can be found at the address of the website of the Hague Conference: www.hcch.net/index_fr.php?act=conventions.authorities&cid=69 or obtained from the Directorate of public international law (FDFA), Section of international treaties (see RO 2014 883).
The list of cantonal authorities can be found at the Federal address of the Internet site of the Office of justice: www.bj.admin.ch/content/dam/data/gesellschaft/adoption/kant_zentralbehoerden.pdf RO 2006 1655, 2008 1635, 2010 937, 2011 3297, 2013-3561, 2014 883. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
State March 18, 2014