Конвенция



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Type


Armenia Type [A**]

The following Contracting States raised an objection to the accession of the Republic of Armenia:



the Netherlands (29-VIII-2007):
"(...) the Kingdom of the Netherlands (the Kingdom in Europe) raises an objection to the accession of the Republic of Armenia to the Convention on (...) Intercountry Adoption, as long as no Central Authority has been designated by the Republic of Armenia."

Germany (28-I-2008):*
"The Federal Republic of Germany raises an objection to the accession of the Republic of Armenia under Article 44(3) of the Hague Convention (...) of 29 May 1993. However, Germany reserves the right to withdraw the objection."

* On 29 January 2009, Germany withdrew its objection to the accession of Armenia. The Convention has entered into force between Armenia and Germany on 29 January 2009.

Belize_Type_[A]'>Belize Type [A]

One Contracting State raised an objection to the accession of Belize before 1 April 2006, namely the Netherlands, whose declaration is given below. Therefore, the Convention has not entered into force between Belize and the Netherlands.



Translation
... the Kingdom of the Netherlands (the Kingdom in Europe) raises an objection to the accession of Belize to the Convention on protection of children and co-operation in respect of intercountry adoption, as long as no Central Authority has been designated by Belize.

29 August 2007


The Kingdom of the Netherlands (the Kingdom in Europe) withdraws its declarations made in accordance with article 44, paragraph 3, of the Convention, objecting to the accession of respectively Belize, Mali and the Dominican Republic to the Convention. Therefore, the Convention will take effect between the Kingdom of the Netherlands and Belize, Mali and the Dominican Republic as of 29 August 2007.

Cambodia Type [A**]

Under Article 44, paragraph 3, of the Convention, the accession will have effect only as regards the relations between the Kingdom of Cambodia and those Contracting States which have not raised an objection to its accession in the six months after the receipt of the notification referred to in Article 48, sub-paragraph b. For practical reasons, this six months’ period will run from 15 June 2007 to 15 December 2007.

Objections have been received by the following States:

Germany (8 November 2007)

"The Federal Republic of Germany raises an objection to the accession of the Kingdom of Cambodia under Article 44 (3) of the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption from 29 May 1993. However, Germany reserves the right to withdraw the objection."

Netherlands (10 December 2007)

(Translation)
The Netherlands objects to the accession of Cambodia to the Hague Convention on protection of children and cooperation in respect of intercountry adoption, because it is still unclear whether the adoption process complies with international norms.

United Kingdom (13 December 2007)

"In accordance with Article 44, paragraph 3, of the Convention, the United Kingdom hereby objects to the accession of the Kingdom of Cambodia in respect of the United Kingdom of Great Britain, Northern Ireland and the Isle of Man and declares that Cambodia's accession will have no effect as regards relations between the United Kingdom and the Kingdom of Cambodia."

Dominican Republic Type [A]

The Federal Republic of Germany withdraws its objection to the accession of the Dominican Republic. Therefore, the Convention has entered into force between the Federal Republic of Germany and the Dominican Republic on 1 August 2008.

The Kingdom of the Netherlands (the Kingdom in Europe) withdraws its declarations made in accordance with article 44, paragraph 3, of the Convention, objecting to the accession of respectively Belize, Mali and the Dominican Republic to the Convention. Therefore, the Convention will take effect between the Kingdom of the Netherlands and Belize, Mali and the Dominican Republic as of 29 August 2007.

Guatemala Type [A**]

The Convention has not entered into force between Guatemala and the five States mentioned below, which have raised an objection to the accession of Guatemala:

Canada (Note received by the depositary on 24 July 2003)
"…the Government of Canada welcomes the willingness shown by other Contracting States and the Permanent Bureau of the Hague Conference on Private International Law to assist the Government of Guatemala to reform its adoption procedures.
Despite these positive aspects, the Embassy wishes to inform the Ministry that the Government of Canada would like to raise an objection to the accession of the Republic of Guatemala to the Convention, in accordance with article 44.3 thereof, at this time. In raising those objection, the Government of Canada wishes to allow the Government of Guatemala sufficient time to incorporate the standards and requirements of the Convention into its adoption procedures. Once these measures are put in place, the Government of Canada will review its objection with a view to having it withdrawn."

Germany (Note received by the depositary on 22 July 2003)


"The Federal Republic of Germany raises an objection to the accession of Guatemala under Article 44 (3) of the Hague Convention on protection of children and co-operation in respect of intercountry adoption. However Germany reserves the rights to withdraw the objection."

Netherlands (for the Kingdom in Europe and Aruba) (Note received by the depositary on 18 July 2003)


(Translation)
The Netherlands objects to the acceptance of Guatemala’s accession to the Hague Convention on protection of children and co-operation in respect of intercountry adoption, because it has emerged that Guatemala cannot yet meet the requirements imposed by the Convention.
A meeting was held on 20 May 2003 at the Permanent Bureau of the Hague Conference on Private International Law between the head of the Procuradoría de la Nación (the body Guatemala has designated as the Central Authority), staff of the Central Authorities of other member states, and a representative of Unicef, at which it became clear that Guatemala is currently taking measures to implement the Convention. A Central Authority has now been designated and organised. Further steps are under consideration. However, measures are not yet in place:
1. to establish whether children are adoptable (article 4, paragraph 1(a) of the Convention);
2. to determine that an intercountry adoption is in the child’s best interests and whether possibilities for placement exist within the State of origin (Guatemala does not have a child protection system or a database of Guatemalan adoptive parents) (article 4, paragraph 1(b) of the Convention);
3. to ensure that consent has been given properly by the parent or parents, and that they have been duly informed of the consequences of their consent (article 4, paragraph 1(c) of the Convention).
It also emerged at the meeting that opponents of the Convention in Guatemala have instituted proceedings to challenge its constitutionality. The Netherlands is not yet aware of the outcome. It is clear that it will not be easy for the Guatemalan authorities to implement all the Convention’s provisions.
The findings of the meeting on 20 May have been confirmed by information provided by the Dutch embassy in Guatemala and the International Social Service/International Resource Centre for Protection of Children in Adoption in Geneva.
In the light of the foregoing, the Netherlands advocates suspending acceptance of Guatemala’s accession until it has been established beyond doubt that the Convention’s conditions can be fulfilled. At present there are insufficient guarantees that adoptions in Guatemala take place with due regard for the safeguards afforded by the Convention.

Spain (Note received by the depositary on 25 July 2003)


(Translation)
Spain welcomes Guatemala’s accession to the present Convention to the extent that this implies that Guatemala is willing to improve its adoption system. However, Spain is concerned that Guatemala’s accession may impact on the relations between Spain and Guatemala, in that the Guatemalan legislation governing adoption will not have been amended nor the administrative provisions necessary to develop its adoption system introduced by the time of its accession.
Nevertheless, Spain wishes to demonstrate its willingness to establish the necessary cooperation mechanisms between the competent Spanish and Guatemalan public authorities, so that this development takes place as soon as possible, to allow the central authorities of both countries to work together within the framework of the Convention.

United Kingdom of Great Britain and Northern Ireland (Note received by the depositary on 25 July 2003)


"In accordance with Article 44 of the Convention, the United Kingdom hereby objects to the accession of Guatemala in respect of the United Kingdom of Great Britain, Northern Ireland and the Isle of Man and declares that Guatemala’s accession will have no effect as regards relations between the United Kingdom and Guatemala."

Guinea Type [A**]

The Convention has not entered into force between Guinea and Germany, which has raised an objection to the accession of Guinea:



(Note received by the depositary before 1 June 2004)
"The Federal Republic of Germany raises an objection to the accession of Guinea under Article 44 (3) of the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption. However Germany reserves the right to withdraw the objection."


Res/D/N


Andorra: Declarations
Articles [22,34]

(...)
3. De conformitat amb l'article 22.4 del Conveni, el Principat d'Andorra declara que les adopcions d'infants amb residència habitual al Principat només podran ésser realitzades per persones residents en els Estats on les funcions atribuïdes a l'Autoritat Central siguin exercides per autoritats públiques o organismes acreditats segons el previst al paràgraf primer de l'article 22 del Conveni.

4. De conformitat amb l'article 34 del Conveni, el Principat d'Andorra declara que la documentació que es trameti al Principat d'Andorra en aplicació del Conveni, si no està redactada en català, castellà, francès o anglès, haurà d'anar acompanyada d'una traducció oficial a un d'aquests idiomes.

(Translation)


(...)
3. In accordance with Article 22, paragraph 4, the Principality of Andorra declares that children habitually resident in the Principality may be adopted only by persons resident in States where the functions of the Central Authority are performed by public authorities or bodies accredited pursuant to the provisions of Article 22, paragraph 1, of the Convention.

4. In accordance with Article 34 of the Convention, the Principality of Andorra declares that any documents addressed for transmission to the Principality of Andorra for the purposes of the Convention which are not in Catalan, Spanish, French or English should be accompanied by an official translation in one of the said languages.



Armenia: Declarations
Articles [22,25]

Pursuant to Article 22, paragraph 4, of the Convention (...), the Republic of Armenia declares that adoptions of children habitually resident in its territory may only take place if the functions of the Central Authorities are performed in accordance with Article 22, paragraph 1, of the Convention.


Pursuant to Article 25 of the Convention, the Republic of Armenia declares that it will not be bound under this Convention to recognise adoptions made in accordance with an agreement concluded by application of Article 39, paragraph 2.

Azerbaijan: Declarations
Articles [17,21,22,25,28]

1. In accordance with Article 6, paragraph 1, of the Convention, the Ministry of Justice of the Republic of Azerbaijan is designated as the Central Authority.


2. In accordance with Articles 17, 21 and 28 of the Convention, the Republic of Azerbaijan declares that only children adopted by virtue of an enforceable judgment of a court may leave the territory of the Republic of Azerbaijan.
3. In accordance with Article 22, paragraph 4, of the Convention, the Republic of Azerbaijan declares that the adoption of children with habitual residence on the territory of the Republic of Azerbaijan may only be made if the functions of the Central Authority are performed in accordance with Article 22, paragraph 1, of the Convention.
4. In accordance with Article 23, paragraph 2, of the Convention, the Republic of Azerbaijan declares that the Ministry of Justice of the Republic of Azerbaijan is competent to make the certificate for adoption.
5. In accordance with Article 25 of the Convention, the Republic of Azerbaijan declares that it will not be bound to recognize adoptions made on the basis of agreements concluded pursuant to Article 39, paragraph 2, to which the Republic of Azerbaijan is not a Party.

Bolivia: Declarations Reservations
Articles [15,19]

(Translation)


Article 9(a) *
The Government of Bolivia wishes to point out that, by virtue of the provisions of article 72 of the Código Niño, Niña y Adolescente (Code on Children and Adolescents), it is not possible, for reasons of confidentiality, to exchange information about the situation of the child prior to adoption.

Article 15(1)


Regarding the information to be included in the report prepared by the Central Authority of the receiving State concerning the characteristics of the children for whom the applicants would be qualified to care, this refers to the number of children for whom they would be qualified to care.

Article 16(a) and (b) *


The Government of Bolivia wishes to point out that, in accordance with Bolivian regulations, the Poder Ejecutivo Departamental (Departmental Executive), via the Servicios de Gestión social (Social Services), shall be responsible for preparing medical, psychological and social reports; likewise, in accordance with the provisions of article 298 of the new Code, the interdisciplinary youth team shall be responsible for issuing or approving the technical report, provided the application has been accepted.

Article 19


It should be pointed out that the transfer of the child should take place in the company of the adoptive parents and in accordance with the provisions laid down in the Code and the provisions of Article 17 of the Convention.

* By note dated 29 November 2001, the Embassy of Bolivia at The Hague informed the Permanent Bureau that the Government of Bolivia has decided to retract its declaration and reservation referring to Articles 9a and 16.

On 22 November 2002, the following declaration was made:

(Translation)


(...) that countries whose nationals wish to adopt children resident in Bolivia, under the provisions of the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, should state through diplomatic channels that they are a party to the said Convention and supply details of their Central Authority. This information will be forwarded to the Vice-Ministry for Children and Youth Affairs, part of the Ministry for Rural, Indigenous, Gender and Family Affairs, which is Bolivia's Central Authority in the matter of intercountry adoptions. The adoption agencies should then contact the Vice-Ministry in order to conclude a framework agreement.

Burkina Faso: Declarations
Articles [13]

(Translation)


The Government of Burkina Faso will only work with the intermediary associations recognized by the Hague Conference.

Colombia: Declarations
Articles [17,21,22,28]

1.(...)
2. De conformidad con los Artículos 17, 21 y 28 del Convenio, el Gobierno de Colombia declara que solamente aquellos niños que han sido previamente adoptados a través de Sentencia judicial ejecutoriada podrán salir del territorio nacional colombiano.

3. De conformidad con el Artículo 22.2 del Convenio, el Gobierno de Colombia declara que las funciones a la Autoridad Central por los Artículos 15 a 19 podrán ser también ejercidas en Colombia, dentro de los limites permitidos por la Ley y bajo control de las Autoridades competentes de Colombia, por las siguientes instituciones: (...)

Sólo estos Organismos Acreditados, de conformidad con lo dispuesto en el párrafo 2 del Artículo 22 de la Convención podrán además de la Autoridad Central, ejercer en Colombia las funciones de los Artículos 15 a 19 del Convenio. No se alude a los Artículos 20 y 21 debido a que de acuerdo con la legislación colombiana sobre adopción, para permitir la salida del país de un menor adoptado, deberá estar ejecutoriada la sentencia que decrete su adopción, por cuanto su proceso de adopción sólo se complirá en Colombia.

4. De conformidad con el párrafo 4 del Artículo 22 del Convenio, Colombia declara que las adopciones de niños cuya residencia habitual este situada en Colombia sólo podrán tener lugar si las funciones conferidas a las Autoridades Centrales se ejercen de acuerdo con el párrafo primero del Artículo 22 del Convenio.

5. (...)


6. El Gobierno de la República de Colombia se reserva el derecho a retirar ls declaraciones formuladas y a presentar otras ante el Depositario del Convenio, en virtud de los dispuesto en los Artículos 22, 23, 25 y 45 del Convenio."

(Translation)


1. (...)
2. In accordance with Articles 17, 21 and 28 of the Convention, the Government of Colombia declares that only those children previously adopted according to an enforceable judgment may leave Colombian national territory.

3. In accordance with Article 22, paragraph 2, of the Convention, the Colombian Government declares that the functions conferred upon the Central Authority under Articles 15 to 19 may also be performed in Colombia, to the extent permitted by the law and subject to the supervision of the competent authorities of Colombia, by the following institutions: (see "Authorities").

Only the above bodies, accredited in accordance with Article 22, paragraph 2, of the Convention, may in addition to the Central Authority perform in Colombia the functions referred to in Articles 15 to 19 of the Convention. No mention is made of Articles 20 and 21 in view of the fact that, under Colombian legislation on adoption, an adopted minor cannot leave the country until the judgment ordering the adoption has become final in sofar as the adoption process takes place in Colombia only.

4. In accordance with Article 22, paragraph 4, of the Convention, Colombia declares that adoptions of children habitually resident in Colombia may only take place if the functions of the Central Authorities are performed in accordance with Article 22, paragraph 1, of the Convention.

5. (...)

6. The Government of the Republic of Colombia reserves the right to withdraw the declarations made and to submit others to the depositary of the Convention, in accordance with Articles 22, 23, 25 and 45 of the Convention.



El Salvador: Declarations
Articles [2,17,21,22,28,34]

1. (...)
2. De conformidad con los Artículos 17, 21 y 28, el Gobierno salvadoreño declara que todo menor considerado sujeto de adopción, no podrá salir del territorio nacional sin que la adopción haya sido decretada por el Juez competente;

3. De conformidad con el Numeral 4 del Artículo 22, el Gobierno salvadoreño declara que las adopciones de menores cuya residencia habitual esté situada en El Salvador sólo podrán tener lugar si las funciones conferidas a las Autoridades Centrales se ejercen de acuerdo con el párrafo primero del Artículo 22 del Convenio;

4. (...)


5. De conformidad con el Artículo 34, el Gobierno salvadoreño declara que toda la documentación que se remita a El Salvador en aplicación de la Convención deberá estar acompañada de una traducción oficial al idioma español;

6. De conformidad con el Artículo 2 del Convenio el Gobierno salvadoreño declara que las adopciones de menores cuya residencia habitual esté situada en El Salvador sólo podrán tener lugar si se realizan de conformidad a la legislación interna del Estado de origen."

(Translation)
1. (...)
2. In accordance with Articles 17, 21 and 28, the Salvadorean Government declares that a minor subject to adoption proceedings cannot leave national territory until an adoption order has been handed down by the competent court.

3. In accordance with Article 22(4), the Salvadorean Government declares that adoptions of minors habitually resident in El Salvador may take place only if the functions of the Central Authorities are performed in accordance with Article 22(1) of the Convention.

4. (...)

5. In accordance with Article 34, the Salvadorean Government declares that all documentation transmitted to El Salvador must be accompanied by an official translation into Spanish.



6. In accordance with Article 2 of the Convention, the Salvadorean Government declares that adoptions of minors habitually resident in El Salvador may take place only in accordance with the internal laws of the State of origin.

Liechtenstein: Declarations
Articles [22,25]

Declaration concerning Article 22, paragraph 4
The Principality of Liechtenstein declares that adoptions of children habitually resident in its territory may only take place if the functions of the Central Authority are performed in accordance with Article 22, paragraph 1, of the Convention.

Declaration concerning article 25
The Principality of Liechtenstein declares that it will not be bound to recognise adoptions made in accordance with an agreement concluded by application of Article 39, paragraph 2, of the Convention.


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