Verdrag inzake de bescherming van kinderen en de samenwerking op het gebied van de interlandelijke adoptie
Partijen met voorbehouden, verklaringen en bezwaren
Partij | Voorbehoud / verklaring | Bezwaren |
---|---|---|
Andorra | Ja | Nee |
Armenië | Ja | Nee |
Australië | Ja | Nee |
Azerbeidzjan | Ja | Nee |
Belarus | Ja | Nee |
België | Ja | Nee |
Bolivia | Ja | Nee |
Brazilië | Ja | Nee |
Bulgarije | Ja | Nee |
Burkina Faso | Ja | Nee |
Canada | Ja | Nee |
China | Ja | Nee |
Colombia | Ja | Nee |
Denemarken | Ja | Nee |
Duitsland | Ja | Nee |
El Salvador | Ja | Nee |
Frankrijk | Ja | Nee |
Griekenland | Ja | Nee |
Hongarije | Ja | Nee |
Italië | Ja | Nee |
Kroatië | Ja | Nee |
Letland | Ja | Nee |
Liechtenstein | Ja | Nee |
Luxemburg | Ja | Nee |
Mexico | Ja | Nee |
Montenegro | Ja | Nee |
Namibië | Ja | Nee |
Nederlanden, het Koninkrijk der | Ja | Nee |
Noorwegen | Ja | Nee |
Oostenrijk | Ja | Nee |
Panama | Ja | Nee |
Polen | Ja | Nee |
Portugal | Ja | Nee |
Spanje | Ja | Nee |
Venezuela | Ja | Nee |
Verenigd Koninkrijk | Ja | Nee |
Verenigde Staten van Amerika | Ja | Nee |
Zweden | Ja | Nee |
Zwitserland | Ja | Nee |
Andorra
01-01-2002
In accordance with Article 22.4, 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 organisations accredited pursuant to the provisions of Article 22, paragraph 1
of the Convention.
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.
Armenië
20-07-2007
Pursuant to Article 22, paragraph 4 of the Convention on Protection of Children and
Cooperation in respect of Intercountry Adoption, 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 recognize adoptions made in accordance
with an agreement concluded by application of Article 39, paragraph 2.
Australië
25-08-1998
Pursuant to Article 22.4 of the Convention, Australia declares that children habitually
resident in all territorial units of Australia may be adopted only by persons resident
in the countries where the functions of the Central Authority are performed by public
authorities or bodies accredited pursuant to Chapter III of the Convention.
Pursuant to Article 25 of the Convention, Australia declares that it will not be bound
to recognise adoptions made in accordance with an agreement concluded in accordance
with Article 39, paragraph 2.
Pursuant to Article 45, Australia declares that the Convention shall extend to all
the territorial units of Australia.
Australia further declares that, while Australia accepts the obligations imposed by
the Convention in its application to refugee children and children who are internationally
displaced as a result of disturbances occurring in their country of origin, Australia
does not accept that it is bound by the recommendation in respect of refugee children
made in October 1994 by the Special Commission on Implementation of the Hague Convention
of 29 May 1993 on Protection of Children and Co-operation in respect of Intercountry
Adoption.
Azerbeidzjan
22-06-2004
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.
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.
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.
Belarus
17-07-2003
The Central Authority's powers volume alongside with those that are stipulated by
the Convention, are also defined by the legally-juridical Acts of Belarus regulating
the relations in the field of the international adoption:
- The Code of Belarus on Marriage and Family (Chapter 13 and Article 233);
- The Provision on the Order of Adoption Children and Establishment of Trusteeship,
Guardianship Over Them by Foreign Citizens, Persons Without Citizenship and Citizens
of Belarus, Permanently Residing in Territory of Foreign State (adopted by the Decision
of the Government of Belarus No 1679 of October 28, 1999) and
- The Charter of the National Center of Adoption at the Ministry of Education of the
Republic of Belarus.
According to the specified Provision with a view to protect the rights and freedoms
of adopted children the Central Authority receives in established order the consent
of the Ministry of Education of Belarus for an adoption of children by candidates
to the adoptive parents, living on the territory of those foreign states only, competent
bodies of which:
a) Have agreed with Ministry of Education of the Republic of Belarus the procedure
for international adoption in accordance with the specified Provision;
b) Have presented a warranty-letter on obligatory informing the National Center of
adoption about conditions of life and education in the family of adoptive parents
of each adopted child. The given information should be presented two times per year
during three years period since the time of adoption. The specified warranty-letter
should be testified by the competent bodies of relevant foreign state not less than
once time per year.
The Republic of Belarus declares, that adoption of children permanently residing on
its territory, can occur only in that case when functions of the Central Authority
are carried out according to point 1 of Article 22 of the Convention.
België
27-01-1999
This Convention engages both the French and the German-speaking Community.
The Convention is also signed by the Flemish Community.
26-05-2005
In accordance with article 22, paragraph 4, of the Convention, Belgium 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.
In accordance with article 23, paragraph 2, Belgium declares that, when the adoption
is made in Belgium, the Service de l'Adoption internationale of the Service public
fédéral Justice is the only competent authority to make the certification referred
to in article 23, paragraph 1.
Bolivia
10-11-2000
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, pyschological
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.
29-11-2001
The Government of Bolivia has decided to retract its declaration and reservation referring to Article 9 (a) and 16 of the Convention.
20-11-2002
[...] that countries whose nationals wish to adopt children resident in Bolivia, under
the provisions of the Convention on protection of children and cooperation 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.
Brazilië
16-05-2000
In compliance with Article 22(4) of the Convention, and at the request of the relevant Brazilian judiciary authorities, the Embassy informs the Ministry that the adoption of children with residence in the Brazilian territory will only be dealt with as stated in paragraph 1 of the above-mentioned Article.
Bulgarije
15-05-2002
In accordance with Article 2 of the Convention, the Republic of Bulgaria declares
that the adoption of child with habitual residence in the Republic of Bulgaria shall
be made only in accordance with the internal law of the State whose citizens the child
is.
In accordance with articles 17, 21, 28 of the Convention, the Republic of Bulgaria
declares that only children adopted by virtue of an enforceable judgement of a Bulgarian
court may leave the territory of the Republic of Bulgaria.
In accordance with the Article 22, paragraph 4, of the Convention, the Republic of
Bulgaria declares that the adoption of children with habitually residence on the territory
of the Republic of Bulgaria may only be made if the functions of the Central Authority
of the receiving country are performed in accordance with Article 22, paragraph 1,
of the Convention.
Declaration pursuant to Article 25:
In accordance with the Convention, the Republic of Bulgaria 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 Bulgaria is not a Party.
In accordance with Article 34 of the Convention, the Republic of Bulgaria declares
that all documents addressed for the purpose of application of the Convention, should
be accompanied by an official translation in the Bulgarian language.
Burkina Faso
19-04-1994
The Government of Burkina Faso declares that the Institution for Custody that has been designated for supervision of the present Convention refuses to work with any organisation or association acting as an intermediary in matters of adoption.
11-01-1996
The Government of Burkina Faso will only work with the intermediary associations recognized by the Hague Conference.
Canada
19-12-1996
The Government of Canada declares, in accordance with Article 45, that the Convention
shall extend to British Columbia, Manitoba, New Brunswick, Prince Edward Island, and
Saskatchewan, and that it may modify this declaration by submitting another declaration
at any time.
The Government of Canada also declares, in accordance with Article 22.2, that the
functions of the Central Authority in New Brunswick, Prince Edward Island, and Saskatchewan
may be performed by bodies and persons meeting the conditions set forth in this article.
The Government of Canada declares, in accordance with Article 22.4, that adoptions
of children habitually resident in British Columbia may only take place if the functions
of the Central Authorities are performed by public authorities or bodies accredited
under Chapter III.
The Government of Canada further declares that it understands that customary forms
of care practised by Aboriginal people of Canada are not within the scope of Article
2 of the Convention.
23-07-1997
The Government of Canada further declares, in accordance with Article 45, that the
Convention shall extend to Alberta, and that it may modify this declaration by submitting
another declaration at any time.
24-04-1998
The Government of Canada further declares, in accordance with Article 45, that the
Convention shall extend to the Yukon Territory, and that it may modify this declaration
by submitting another declaration at any time.
The Government of Canada also declares, in accordance with Article 22.2, that the
functions of the Central Authority in the Yukon Territory may be performed by bodies
and persons meeting the conditions set forth in this article.
21-06-1999
The Government of Canada declares, in accordance with Article 45, that the Convention
shall now extend to Nova Scotia, in addition to Alberta, British Columbia, Manitoba,
New Brunswick, Prince Edward Island, Saskatchewan, and the Yukon, and that it may
modify this declaration by submitting another declaration at any time.
The Government of Canada also declares, in accordance with Article 22.2, that the
functions of the Central Authority in Nova Scotia may be performed by bodies and persons
meeting the conditions set forth in this article.
06-08-1999
The Government of Canada declares, in accordance with Article 45, that the Convention
shall now extend to Ontario in addition to Alberta and the Yukon, and that it may
modify this declaration by submitting another declaration at any time.
The Government of Canada also declares, in accordance with Article 22.2, that the
functions of the Central Authority in Ontario may be performed by bodies and persons
meeting the conditions set forth in this article.
22-12-1999
The Government of Canada declares, in accordance with Article 45, that the Convention
shall now extend to the Northwest Territories, in addition to Alberta, British Columbia,
Manitoba, New Brunswick, Nova Scotia, Ontario, Prince Edward Island, Saskatchewan,
and the Yukon, and that it may modify this declaration by submitting another declaration
at any time.
The Government of Canada also declares, in accordance with Article 22.2, that the
functions of the Central Authority in the Northwest Territories may be performed by
bodies and persons meeting the conditions set forth in this Article.
15-05-2001
The Government of Canada declares, in accordance with Article 45, that the Convention
shall now extend to Nunavut, in addition to Alberta, British Columbia, Manitoba, New
Brunswick, Nova Scotia, Ontario, Prince Edward Island, Saskatchewan, the Yukon and
Northwest Territories, and that it may modify this declaration by submitting another
declaration at any time.
The Government of Canada also declares, in accordance with Article 22.2, that the
functions of the Central Authority in Nunavut may be performed by bodies and persons
meeting the conditions set forth in this Article.
15-08-2003
The Government of Canada declares, in accordance with Article 45, that the Convention
shall now extend to the Newfoundland and Labrador, in addition to Alberta, British
Columbia, Manitoba, New Brunswick, Nova Scotia, Ontario, Prince Edward Island, Saskatchewan,
the Yukon, Northwest Territories, and Nunavut, and that it may modify this declaration
by submitting another declaration at any time.
The Government of Canada also declares, in accordance with Article 22.2, that the
functions of the Central Authority in Newfoundland and Labrador may be performed by
bodies and persons meeting the conditions set forth in this Article.
28-10-2005
The Government of Canada declares, in accordance with Article 45, that the Convention
shall now extend to Quebec, in addition to Alberta, British Columbia, Manitoba, New
Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island,
Saskatchewan, the Yukon, Northwest Territories, and Nunavut, and that it may modify
this declaration by submitting another declaration at any time.
The Government of Canada also declares, in accordance with Article 22.2, that the
functions of the Central Authority in Quebec may be performed by bodies and persons
meeting the conditions set forth in this Article.
08-12-2005
The Government of Canada also declares, in accordance with Article 22.4, the adoptions
of children habitually resident in Québec may only take place if the functions of
the Central Authorities are performed by public authorities or by bodies accredited
under Chapter III.
The Government of Canada also declares, in accordance with Article 25, that adoptions
made in accordance with an agreement concluded by application of Article 39, paragraph
2 will not be bound to be recognized in Quebec under the Convention.
14-04-2008
The Government of Canada also declares that it is modifying the declaration deposited on October 28, 2005 by withdrawing the declaration made in accordance with Article 22.2, regarding Quebec.
China
16-09-2005
The functions of the Central Authority under Article 15 to 21 will be performed by
the adoption body accredited by the Government of the People's Republic of China -
China Center for Adoption Affairs (CCAA). Adoptions of children habitually resident
in the People's Republic of China may only take place if the functions of Central
Authorities are performed by public authorities of the receiving States or competent
bodies accredited by them.
The People's Republic of China is not bound under this Convention to recognize adoptions
made in accordance with an agreement concluded by application of Article 39, paragraph
2.
In accordance with Article 22(4) of the Convention, the adoption of children habitually
resident in the Macau Special Administrative Region of the PRC may only take place
if the functions of the Central Authorities are performed by public authorities or
bodies accredited under Chapter III of the Convention.
In accordance with the Basic Law of the Hong Kong Special Administrative Region of
the PRC, the Government of the PRC decides that the Convention applies to the Hong
Kong Special Region of the PRC.
In accordance with the Basic Law of the Macau Special Administrative Region of the
PRC, the Government of the PRC decides that the Convention applies to the Macau Special
Administrative Region of the PRC.
07-10-2005
In accordance with Article 22(4) of the Convention, the adoption of children habitually
resident in the Hong Kong Special Administrative Region of the People's Republic of
China may only take place if the functions of the Central Authorities are performed
by public authorities or bodies accredited under Chapter III of the Convention.
In accordance with Article 25, the Hong Kong Special Administrative Region of the
People's Republic of China is not bound under this Convention to recognize adoptions
made in accordance with an agreement concluded by application of Article 39, paragraph
2.
Colombia
13-07-1998
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.
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.
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.
Only the 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 Article 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
insofar as the adoption process takes place in Colombia only.
Denemarken
02-07-1997
Denmark made the declaration provided for in article 25 and the declaration provided
for in article 22, paragraph 4, of the Convention.
Denmark declared that the Convention, till further decision, shall not apply to the
Faroe Islands and Greenland.
18-12-2006
Denmark therefore withdraws its declaration made upon ratification of the Convention to the effect that the Convention did not apply to the Faroe Islands.
28-01-2010
Denmark therefore withdraws its declaration made upon ratification of the Convention to the effect that the Convention did not apply to Greenland.
Duitsland
22-11-2001
The Federal Republic of Germany declares that adoptions of children habitually resident in the territory of the Federal Republic of Germany may only take place if the functions of the Central Authorities are performed in accordance with article 22 paragraph 1 of the Convention.
El Salvador
17-11-1998
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;
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;
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;
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.
Frankrijk
30-06-1998
In accordance with article 22, paragraph 4, France declares that adoptions of children
who are habitually resident in France may only take place if the functions of the
Central Authorities are performed by public authorities or bodies accredited under
Chapter III of the Convention.
In accordance with article 25, France declares that it will not be bound under the
Convention to recognise adoptions made in accordance with an agreement concluded by
application of article 39, paragraph 2.
In accordance with article 45, France declares that the Convention shall extend to
the whole of the territory of the French Republic, with the exception of its overseas
territories.
Griekenland
02-09-2009
Greece declares that the functions of the Central Authority provided for in articles
15 to 21 of the Convention may be performed by the following Agencies and Organizations,
mentioned in the provision of article 1, paragraph 2 of presidential decree 226/1999
(Government Gazette No. 190 A), which are recognized as specialized [...].
In accordance with Article 22, paragraph 4 of the Convention, the Hellenic Republic
declares that the adoption of children habitually resident in the territory of the
Hellenic Republic may only take place where the functions of the Central Authorities
are performed by public authorities or accredited bodies under Chapter III of the
Convention.
In accordance with Article 25 of the Convention, the Hellenic Republic declares that
it will not be bound under the Convention to recognize adoptions made in accordance
with an agreement concluded by application of Article 39, paragraph 2 of the Convention.
The recognition by Greece of an adoption effected in a foreign Contracting State is
subject to the following conditions: a) the granting of a certificate by the Competent
Authority of the Contracting State that the adoption took place in accordance with
the Convention and b) the adoption is not obviously contrary to the public order,
taking into account the best interest of the child.
Hongarije
06-04-2005
In accordance with Paragraph 4 of Article 22 of the Convention, adoptions of children habitually resident in the territory of the Republic of Hungary may only take place if the functions of the Central Authorities are performed in accordance with Paragraph 1 of Article 22.
Italië
18-01-2000
In accordance with Article 22, paragraph 2 of the Convention, the Government of the
Italian Republic declares that the functions of the Central Authority under Articles
15 to 21 may also be performed, to the extent permitted by law and subject to supervision
by the Italian Central Authority, by institutions or organisations which meet the
conditions set out in Article 22.2 (a) and (b) of the Convention, in accordance with
Article 39 ter of law no. 184 governing adoption of 4 May 1983, as amended by law
no. 476 of 31 December 1998.
In accordance with Article 39 of law no. 184 of 1983 (as amended) the National Board
has the following functions in addition to certifying that an adoption has been made
in accordance with the Convention:
a) cooperating with Central Authorities for intercountry adoptions in other countries,
and gathering information required for implementing international conventions on adoption;
b) proposing bilateral agreements on intercountry adoptions;
c) authorising the activities of institutions operating under Articles 15 to 21 of
the Convention and maintaining the register of these institutions; monitoring their
work, evaluating it at least once every three years, and revoking their authorisation
in case of serious errors, shortcomings, or breaches of law no.184 of 1983. These
same functions are carried out by the National Board with regard to the activities
of the intercountry adoption services as set out in Article 39 bis of law no.184 of
1983.
d) ensuring the even dispersal of authorised institutions around the national territory
and of relevant representations abroad;
e) holding all documents and information regarding intercountry adoption procedures;
f) promoting cooperation between organisations dealing with intercountry adoption
and child protection;
g) encouraging training initiatives for persons working or wishing to work in the
adoption field;
h) authorising the entry and permanent residence of foreign minors who have been adopted
or are awaiting adoption;
i) cooperating with other organisations than those referred to in (a) above, for information
and training activities.
In accordance with Article 25 of the Convention, the Government of the Italian Republic
declares that the Convention obliges it to recognise adoptions made in accordance
with an agreement concluded between a Contracting State and one or more other Contracting
States by application of Article 39, paragraph 2 of the Convention, provided this
obligation is reciprocal.
Kroatië
05-12-2013
[...]
In accordance with Article 22, paragraph 4 of the Convention, the Republic of Croatia
declares that adoptions of children habitually resident in the territory of the Republic
of Croatia may only take place if the functions of the Central Authority of the receiving
State are performed in accordance with Article 22, paragraph 1 of the Convention.
[...]
In accordance with Article 25 of the Convention, the Republic of Croatia 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 of the Convention,
to which the Republic Croatia is not a Party.
[...]
In accordance with Articles 17, 21 and 28 of the Convention, the Republic of Croatia
declares that only the child who is adopted pursuant to a final and enforceable decision
of the competent authority of the Republic of Croatia will be able to leave the territory
of the Republic of Croatia.
[...]
In accordance with Article 34 of the Convention, the Republic of Croatia declares
that all documents submitted with the application must be accompanied by a certified
translation thereof into the Croatian language that matches the original.
Letland
09-08-2002
In accordance with the Article 23, paragraph 2 of the Convention the Republic of Latvia declares that the judgement on approval of adoption delivered by the court is deemed to be the certification of adoption in the terms of Article 23, of paragraph 1 of the Convention.
Liechtenstein
26-01-2009
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.
Luxemburg
05-07-2002
In accordance with article 22, paragraph 4, the Grand Duchy of Luxembourg declares
that adoptions of children habitually resident in its territory may only take place
if the functions of the Central Authority are performed by public authorities or bodies
accredited under Chapter III of the Convention.
In accordance with article 23, paragraph 2, the Grand Duchy of Luxembourg declares
that the court that gave the adoption decision, said decision having the status of
res judicata, will be competent to make the certification referred to in article 23,
paragraph 1 of the Convention if the adoption took place in Luxembourg.
In accordance with article 25, the Grand Duchy of Luxembourg declares that it will
not be bound under the Convention to recognise adoptions made in accordance with an
agreement concluded by application of article 39, paragraph 2.
Mexico
14-09-1994
In connection with Articles 17, 21 and 28, the Government of Mexico declares that
only such children as have previously been adopted through Mexican family courts may
be transfered outside Mexico.
In connection with Article 34, the Government of Mexico declares that all documents
sent to Mexico in pursuance of the Convention must be accompanied by an official translation
into Spanish.
Montenegro
09-03-2012
Montenegro declares that:
a) in accordance with article 22 paragraph 4 of the Convention, Montenegro 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;
[...]
c) in accordance with article 25 of the Convention, Montenegro declares that Montenegro
will not be bound under this Convention to recognize adoptions made in accordance
with an agreement concluded by application of article 39, paragraph 2;
d) in accordance with article 34 of the Convention, Montenegro declares that a certified
translation into Montenegrin language of all documents must be furnished.
Namibië
21-09-2015
[…] the Government of the Republic of Namibia makes the following declarations in
relation to article/s 15, 16, 17(a), 19 and 39(2) of the Hague Convention on Protection
of Children and Co-operation in Respect of Intercountry Adoption concluded on 29 May
1993:
1. The functions of the Central Authority under Articles 15, 16, 17(a) and 19 may
be performed by accredited agencies and designated social workers; and
2. Namibia shall not recognise adoptions made in accordance with an agreement concluded
by application of Article 39(2), if this agreement derogates from the provisions of
Articles 14 to 21.
Nederlanden, het Koninkrijk der
18-10-2010
The Kingdom of the Netherlands consisted of three parts: the Netherlands, the Netherlands
Antilles and Aruba. The Netherlands Antilles consisted of the islands of Curaçao,
Sint Maarten, Bonaire, Sint Eustatius and Saba.
With effect from 10 October 2010, the Netherlands Antilles ceased to exist as a part
of the Kingdom of the Netherlands. Since that date, the Kingdom consists of four parts:
the Netherlands, Aruba, Curaçao and Sint Maarten.
Curaçao and Sint Maarten enjoy internal self-government within the Kingdom, as Aruba
and, up to 10 October 2010, the Netherlands Antilles do. The other islands of the
Netherlands Antilles - Bonaire, Sint Eustatius and Saba - are administratively integrated
in the Netherlands, forming 'the Caribbean part of the Netherlands'.
These changes constitute a modification of the internal constitutional relations within
the Kingdom of the Netherlands. The Kingdom of the Netherlands will accordingly remain
the subject of international law with which agreements are concluded.
The Convention, that applied until now only to the European part of the Netherlands,
is declared applicable to the Caribbean part of the Netherlands. The Government of
the Netherlands is responsible for implementing the Convention.
Noorwegen
25-09-1997
In accordance with Article 22 paragraph 4 of the Convention, the Government or Norway
declares:
Adoption of children habitually resident in Norway may only take place if the functions
of the Central Authorities are performed by public authorities or bodies accredited
under Chapter III of the Convention.
04-10-2005
The Norwegian Directorate for Children, Youth and Family Affairs issues certificates in accordance with paragraph 1 of Article 23, when the adoption has taken place in Norway or when a foreign adoption order has been converted into an adoption in Norway in accordance with Article 27.
Oostenrijk
19-05-1999
The Republic of Austria declares in accordance with Article 22 para. 4 of the Convention 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 para. 1.
Panama
29-09-1999
Declaration pursuant to article 22.4.
In accordance with article 22, paragraph 4 of the Convention, the Republic of Panama
declares that the adoption of children habitually resident in the territory of the
Republic of Panama may take place provided that the functions assigned to the Central
Authority are performed in accordance with paragraph 1 of the above-mentioned article.
[...]
Declaration pursuant to article 25.
The Republic of Panama does not recognise adoptions made in accordance with an agreement
concluded between one or more Contracting States by application of article 39, paragraph
2, of the present Convention.
Polen
09-09-1998
According to Article 22, paragraph 4 of the Convention, the Republic of Poland declares
that the adoptions of children habitually resident in the territory of the Republic
of Poland may only take place if the functions of the Central Authorities of the receiving
States are performed in accordance with Article 22, paragraph 1 of the Convention.
Portugal
19-03-2004
The Portuguese Republic hereby declares that, according to paragraph 4 of Article 22 of the Convention, adoptions of children habitually resident in its territory may only take place if the functions of the Central authorities are performed in accordance with paragraph 1 of the same Article.
Spanje
11-07-1995
[...]
Exception provided for by article 22 (4);
Children habitually resident in Spain may only be adopted by residents of those States
in which the functions of the Central Authorities are performed by public authorities
or by accredited bodies in accordance with article 22, paragraph 1, of the Convention.
Venezuela
10-01-1997
The Republic of Venezuela declares it is in agreement with the provisions of Article
22 of the Convention on Protection of Children and Co-operation in respect of Intercountry
Adoption, whereby only the Authority can exercise the functions assigned to it in
Section Four of the Convention, that is, any delegation thereof is not permitted.
The Republic of Venezuela also declared that on the basis of the provisions of Article
25 of the Convention it does not consider itself obliged to recognise the adoptions
which take place by virtue of the special agreements contained in paragraph 2 of Article
39.
Verenigd Koninkrijk
29-04-2003
Pursuant to Article 25 of the Convention, the United Kingdom declares that it will not be bound to recognise any agreements made under Article 39, paragraph 2.
01-07-2003
Pursuant to Article 25 of the Convention, the United Kingdom declares on behalf of the Isle of Man that it will not be bound to recognise any agreements made under Article 39, paragraph 2.
Verenigde Staten van Amerika
12-12-2007
The United States declares that the provisions of Articles 1 through 39 of the Convention
are not self-executing.
The United States declares, pursuant to Article 22(2), that in the United States the
Central Authority functions under Articles 15-21 may also be performed by bodies or
persons meeting the requirements of Articles 22(2)(a) and (b). Such bodies or persons
will be subject to federal law and regulations implementing the Convention as well
as state licensing and other laws and regulations applicable to providers of adoption
services. The performance of Central Authority functions by such approved adoption
service providers would be subject to the supervision of the competent federal and
state authorities in the United States.
Zweden
28-05-1997
The Government of Sweden declares, in accordance with Article 22.4, that adoptions of children habitually resident in Sweden may only take place if the functions of the Central Authorities are performed by public authorities or bodies accredited under Chapter III.
Zwitserland
24-09-2002
Declaration pursuant to article 22
Switzerland declares that the adoption of children whose habitual place of residence
is situated on Swiss territory may only take place if the functions of the Central
Authority are exercised in accordance with the provisions of article 22, paragraph
1 of the Convention.
Declaration pursuant to article 25
Switzerland declares that it will not be bound under the Convention to recognise adoptions
made in accordance with an agreement concluded by application of article 39, paragraph
2.