Rs 0.211.221.131 European Convention On October 15, 1975, On The Legal Status Of Children Born Out Of Wedlock

Original Language Title: RS 0.211.221.131 Convention européenne du 15 octobre 1975 sur le statut juridique des enfants nés hors mariage

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0.211.221.131 text original Convention European on the legal status of children born out of wedlock, concluded at Strasbourg on 15 October 1975, approved by the Federal Assembly on 8 March 1978 Instrument of ratification deposited by Switzerland on May 10, 1978, entered into force for the Switzerland on 11 August 1978 (State on March 21, 2014) Member States 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, including by promoting the adoption of common rules in the field of law;
Noting that in a large number of Member States, efforts have been made or are being made to improve the legal status of children born out of wedlock by reducing the differences between the legal status of such children and children born in wedlock, these differences disfavoring first on legal and social;
Whereas, in this area, large disparities still exist in the rights of the Member States;
convinced that the status of children born out of wedlock should be improved and that the establishment of certain common rules concerning their legal status would promote the realization of this goal and at the same time contribute to harmonisation of the laws of the Member States in this area;
Whereas, however, it is necessary to develop incremental steps for those States that do not feel able to adopt immediately some of the rules of this Convention, have agreed to the following: art. 1. each Contracting Party undertakes to ensure compliance of its legislation with the provisions of this Convention and to notify the Secretary General of the Council of Europe measures taken to this end.

Art. 2. maternal filiation of a child born out of wedlock is established by the mere fact of the birth of the child.

Art. 3. the paternal affiliation of every child born out of wedlock may be recognized or established by voluntary recognition or by judicial decision.

Art. 4. the voluntary recognition of paternity cannot be an opposition or a challenge, when these procedures are provided by domestic law, that where the person who wants to recognize or who has recognized the child is not biologically the father.

Art. 5. in the actions related to the paternal filiation, the scientific evidence likely to establish or rule out paternity must be admitted.

Art. 6-1. The father and mother of a child born out of wedlock have the same maintenance obligation in respect of this child that which exists with respect to the child born in marriage.
2. when the obligation of maintenance of a child born in marriage to some members of the family of the father or the mother, the child born out of wedlock also benefits from this obligation.

Art. 7-1. When the parentage of a child born out of wedlock is established with respect to both parents, parental authority may be assigned full rights to the father alone.
2. the parental authority must be able to be transferred; the transfer case fall under domestic legislation.

Art. 8. when the father or mother of a child born out of wedlock has no parental authority over the child or custody of it, that parent can get visitation rights in appropriate cases.

Art. 9. the rights of the child born out of wedlock in the succession of his father and mother and the members of their families are the same as if he had been born in marriage.

Art. 10. the marriage between the father and the mother of a child born out of wedlock gives the child the legal status of a child born in marriage.

Art. 11-1. This Convention is open for signature by the Member States of the Council of Europe. It will be ratified, accepted or approved. The instruments of ratification, acceptance or approval 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, acceptance or approval.
3. it will come into force in respect of any signatory State which will ratify, accept it or approve it later, three months after the date of the deposit of its instrument of ratification, acceptance or approval.

Art. 12-1. 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. 13-1. Any State may, at the time of signature or at the time of the deposit of its instrument of ratification, acceptance, approval or accession, designate any territories to which apply this Convention.
2 any State may, at the time of the deposit of its instrument of ratification, acceptance, approval 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 that it ensures 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, to the conditions provided by article 15 of the Convention.

Art. 14-1. Any State may, at the time of signature or at the time of the deposit of its instrument of ratification, acceptance, approval or accession or when he will make a statement in accordance with the by. 2 of art. 13 of this agreement, a maximum of three reservations about the provisions of the art. 2 to 10 thereof.
Reservations of a general nature are not allowed; each reservation may not only cover a provision.
2. 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.
3 any Contracting Party may withdraw, in whole or in part, a reservation made by it under the preceding paragraphs 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. 15-1. Any Contracting Party may, in which her concerned, denounce this agreement by notice to the Secretary General of the Council of Europe.
2. the denunciation shall take effect six months after the date of receipt of the notification by the Secretary General.

Art. 16 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, approval or accession; c) any date of entry into force of this Convention in accordance with its art. 11; d) any notification received in application of the provisions of art. 1; e) any declaration received under the by. 2 and 3 of art. 13; f) any reservation made under the provisions of the by. 1 of art. 14; g) the renewal of any reservation carried out in application of the by. 2 of art. 14; h) the withdrawal of any reservation carried out pursuant to the provisions of the by. 3 of art. 14; i) any notification received in application of the provisions of art. 15 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, 15 October 1975, 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)

Scope on March 21, 2014, States parties Ratification, accession (A) entry into force Albania, September 9, 2011 December 10, 2011 Austria * 28 May 1980 August 29, 1980 Azerbaijan March 28, 2000 was 29 June 2000 Cyprus July 11, 1979 October 12, 1979 Denmark January 18, 1979 19 April 1979 Georgia April 30, 2002 July 31, 2002 Greece June 15, 1988 September 16, 1988 Ireland October 5, 1988 6 January 1989 Latvia 1 July 2003 October 2, 2003 Liechtenstein * 17 April 1997 July 18, 1997 Luxembourg * April 1, 1982 2 July 1982 Lithuania 17 April 1997 Macedonia 18 July 1997 * November 29, 2002 1 March 2003 Moldova * March 14, 2002 June 15, 2002 Norway August 19, 1976 11 August 1978 Poland * June 21, 1996 22 September 1996 Portugal may 7, 1982 8 August 1982 Czech Republic * March 7, 2001 8 June 2001 Romania * November 30, 1992 A March 1, 1993 United Kingdom 24 February 1981 25 May 1981 Sweden 8 June

1976 11 August 1978 Switzerland 10 May 1978 11 August 1978 Ukraine March 26, 2009 June 27, 2009 * 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 Council of Europe website: http://conventions.coe.int or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.

The convention does not apply to the Faroe Islands nor to Greenland.

The convention applies to the Guernsey, Herm and Jethou with effect for the Isle of Man with effect from January 1, 1986 and may 25, 1981.

1978 1232 RO; FF 1977 II 1485 RO 2014 881 1978 1231 1232 1978 RO, 1979 1012 1562, 1980 1171, 1981-894, 1982 2301, 1987 429, 1988 2019, 1994-1345, 2003 2504, 2006 3053, 2012 4497. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

State on March 21, 2014

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