The full title
of this multilateral treaty is the Convention on Protection of Children
and Co-operation in respect of Intercountry Adoption. It was approved
by 66 nations on May 29, 1993 at The Hague. It built directly on
the UN Convention on the Rights of the
Child, seeking to protect all parties to international adoptions
and to prevent an international traffic in children. The United
States signed the Convention in 1994, and it was passed by Congress
in 2000.
The States signatory to the present Convention,
Recognizing that the child, for the full and harmonious development
of his or her personality, should grow up in a family environment,
in an atmosphere of happiness, love and understanding,
Recalling that each State should take, as a matter of priority,
appropriate measures to enable the child to remain in the care of
his or her family of origin,
Recognizing that intercountry adoption may offer the advantage
of a permanent family to a child for whom a suitable family cannot
be found in his or her State of origin,
Convinced of the necessity to take measures to ensure that intercountry
adoptions are made in the best interests of the child and with respect
for his or her fundamental rights, and to prevent the abduction,
the sale of, or traffic in children,
Desiring to establish common provisions to this effect, taking
into account the principles set forth in international instruments,
in particular the United Nations Convention on the Rights of the
Child, of 20 November 1989, and the United Nations Declaration on
Social and Legal Principles relating to the Protection and Welfare
of Children, with Special Reference to Foster Placement and Adoption
Nationally and Internationally (General Assembly Resolution 41/85,
of 3 December 1986),
Have agreed upon the following provisions—
CHAPTER I—SCOPE OF THE CONVENTION
Article 1
The objects of the present Convention are—
a) to establish safeguards to ensure that intercountry adoptions
take place in the best interests of the child and with respect for
his or her fundamental rights as recognized in international law;
b) to establish a system of co-operation amongst Contracting States
to ensure that those safeguards are respected and thereby prevent
the abduction, the sale of, or traffic in children;
c) to secure the recognition in Contracting States of adoptions
made in accordance with the Convention.
Article 2
(1) The Convention shall apply where a child habitually resident
in one Contracting State (“the State of origin”) has
been, is being, or is to be moved to another Contracting State (“the
receiving State”) either after his or her adoption in the
State of origin by spouses or a person habitually resident in the
receiving State, or for the purposes of such an adoption in the
receiving State or in the State of origin.
(2) The Convention covers only adoptions which create a permanent
parent-child relationship. . . .
CHAPTER II—REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS
Article 4
An adoption within the scope of the Convention shall take place
only if the competent authorities of the State of origin—
a) have established that the child is adoptable;
b) have determined, after possibilities for placement of the child
within the State of origin have been given due consideration, that
an intercountry adoption is in the child's best interests;
c) have ensured that
(1) the persons, institutions and authorities whose consent is
necessary for adoption, have been counselled as may be necessary
and duly informed of the effects of their consent, in particular
whether or not an adoption will result in the termination of the
legal relationship between the child and his or her family of origin,
(2) such persons, institutions and authorities have given their
consent freely, in the required legal form, and expressed or evidenced
in writing,
(3) the consents have not been induced by payment or compensation
of any kind and have not been withdrawn, and
(4) the consent of the mother, where required, has been given only
after the birth of the child; and
d) have ensured, having regard to the age and degree of maturity
of the child, that
(1) he or she has been counselled and duly informed of the effects
of the adoption and of his or her consent to the adoption, where
such consent is required,
(2) consideration has been given to the child's wishes and opinions,
(3) the child's consent to the adoption, where such consent is
required, has been given freely, in the required legal form, and
expressed or evidenced in writing, and
(4) such consent has not been induced by payment or compensation
of any kind.
Article 5
An adoption within the scope of the Convention shall take place
only if the competent authorities of the receiving State—
a) have determined that the prospective adoptive parents are eligible
and suited to adopt;
b) have ensured that the prospective adoptive parents have been
counselled as may be necessary; and
c) have determined that the child is or will be authorized to enter
and reside permanently in that State. |