Key Benefits:
Original text
(State on 21 March 2014)
The member States of the Council of Europe, signatories to this Convention,
Whereas the aim of the Council of Europe is to achieve a closer union among its Members, in particular by encouraging the adoption of common rules in the legal field;
Noting that in a large number of Member States efforts have been made or are being undertaken to improve the legal status of children born out of wedlock by reducing the differences between the legal status of children and children Born in marriage, these differences depress the former in legal and social terms;
Whereas in this area, wide disparities still exist in the rights of the Member States;
Convinced that the condition of children born out of wedlock must be improved and that the establishment of certain common rules on their legal status would promote this objective and contribute at the same time to a Harmonisation of the laws of the Member States in this field;
Whereas, however, it is necessary to develop progressive steps for those States which consider that they are not in a position to adopt immediately certain of the rules of this Convention,
Agreed to the following:
Each Contracting Party undertakes to ensure the conformity of its legislation with the provisions of this Convention and to notify the Secretary General of the Council of Europe of the measures taken to that end.
Maternal filiation of any child born out of wedlock shall be determined solely on the basis of the birth of the child.
The paternal filiation of any child born out of wedlock may be ascertained or established by voluntary recognition or by judicial decision.
Voluntary recognition of paternity may not be subject to opposition or challenge, where such procedures are provided for by domestic legislation, unless the person who wishes to acknowledge or has recognized the child is Not biologically the father.
In actions relating to paternal filiation, scientific evidence capable of establishing or disregarding paternity must be accepted.
1. The father and mother of a child born out of wedlock have the same maintenance obligation in respect of that child as that of the child born in the marriage.
(2) Where the maintenance obligation of a child born in marriage is the responsibility of certain members of the father's or mother's family, the child born out of wedlock shall also benefit from that obligation.
(1) Where the filiation of a child born out of wedlock is established in respect of both parents, the parental authority shall not be entitled to full entitlement to the father alone.
2. Parental authority must be transferable; transfer cases are subject to internal legislation.
Where the father or mother of a child born out of wedlock does not have parental authority over that child or custody of the child, the parent may obtain a right of access in appropriate cases.
The rights of the child born out of wedlock in the succession of his father and mother and members of their families are the same as if he were born in the marriage.
Marriage between the father and the mother of a child born out of wedlock gives that child the legal status of a child born in the marriage.
This Convention shall be open for signature by the member States of the Council of Europe. It will be ratified, accepted or approved. Instruments of ratification, acceptance or approval 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, acceptance or approval.
3. It shall enter into force in respect of any signatory State ratifying, accepting or approving it at a later date, three months after the date of the deposit of its instrument of ratification, acceptance or approval.
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 State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Convention shall apply.
(2) Any State may, at the time of the deposit of its instrument of ratification, acceptance, approval 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 Article 15 of this Convention.
(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 making a declaration in accordance with par. 2 of the art. 13 of this Convention, make a maximum of three reservations concerning the provisions of Art. 2 to 10 of this one.
Reservations of a general nature are not permitted; each reservation may relate only to one provision.
(2) 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.
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.
1. 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, on 15 October 1975, 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)
States Parties |
Ratification Accession (A) |
Entry into force |
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Albania |
9 September |
2011 |
10 December |
2011 |
Austria * |
28 May |
1980 |
29 August |
1980 |
Azerbaijan |
28 March |
2000 A |
29 June |
2000 |
Cyprus |
July 11 |
1979 |
12 October |
1979 |
Denmark A |
January 18 |
1979 |
19 April |
1979 |
Georgia |
April 30 |
2002 |
July 31 |
2002 |
Greece |
15 June |
1988 |
16 September |
1988 |
Ireland |
5 October |
1988 |
6 January |
1989 |
Latvia |
1 Er July |
2003 |
2 October |
2003 |
Liechtenstein * |
April 17 |
1997 |
18 July |
1997 |
Luxembourg * |
1 Er April |
1982 |
July 2 |
1982 |
Lithuania |
April 17 |
1997 |
18 July |
1997 |
Macedonia * |
29 November |
2002 |
1 Er March |
2003 |
Moldova * |
March 14 |
2002 |
15 June |
2002 |
Norway |
19 August |
1976 |
August 11 |
1978 |
Poland * |
21 June |
1996 |
22 September |
1996 |
Portugal |
7 May |
1982 |
8 August |
1982 |
Czech Republic * |
7 March |
2001 |
8 June |
2001 |
Romania * |
30 November |
1992 A |
1 Er March |
1993 |
United Kingdom * B |
24 February |
1981 |
25 May |
1981 |
Sweden |
8 June |
1976 |
August 11 |
1978 |
Switzerland |
10 May |
1978 |
August 11 |
1978 |
Ukraine |
26 March |
2009 |
27 June |
2009 |
* |
Reservations and declarations. Reservations and declarations, with the exception of those of Switzerland, are not published in the RO. The texts in English and French can be found 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. |
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A |
The Convention does not apply to the Faroe Islands or Greenland. |
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B |
The Convention applies to Guernsey, Herm and Jethou with effect from May 25, 1981 and for the Isle of Man with effect from 1 Er January 1986. |
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1 RO 1978 1231
2 RO 1978 1232, 1979 1012 1562, 1980 1171, 1981 894, 1982 2301, 1987 429, 1988 2019, 1994 1345, 2003 2504, 2006 3053, 2012 4497, 2014 881. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).