CONVENTION ON JURISDICTION, APPLICABLE LAW AND
RECOGNITION OF DECREES RELATING TO ADOPTIONS
(Concluded November 15, 1965)
(In accordance with its Article 23, this
Convention ceased to have effect on 23 October
2008)
The States
signatory to the present Convention,
Desiring to
establish common provisions on jurisdiction, applicable law and recognition of
decrees relating to adoption,
Have resolved to
conclude a Convention to this effect and have agreed upon the following
provisions:
Article 1
The present
Convention applies to an adoption between:
on the one hand,
a person who, possessing the nationality of one of the Contracting States, has
his habitual residence within one of these States, or spouses each of whom,
possessing the nationality of one of the Contracting States, has his or her
habitual residence within one of these States, and
on the other
hand, a child who has not attained the age of eighteen years at the time when
the application for adoption is made and has not been married and who,
possessing the nationality of one of the Contracting States, has his habitual
residence within one of these States.
Article 2
The present
Convention shall not apply where -
a) the
adopters neither possess the same nationality nor have their habitual residence
in the same Contracting State;
b) the adopter or adopters and the
child, all possessing the same nationality, habitually reside in the State of
which they are nationals;
c) an adoption is not granted by
an authority having jurisdiction under Article 3.
Article 3
Jurisdiction to
grant an adoption is vested in -
a) the
authorities of the State where the adopter habitually resides or, in the case
of an adoption by spouses, the authorities of the State in which both
habitually reside;
b) the authorities of the State of
which the adopter is a national or, in the case of an adoption by spouses, the
authorities of the State of which both are nationals.
The conditions
relating to habitual residence and nationality must be fulfilled both at the
time when the application for adoption is made and at the time when the
adoption is granted.
Article 4
The authorities
who have jurisdiction under the first paragraph of Article 3 shall, subject to
the provisions of the first paragraph of Article 5, apply their internal law to
the conditions governing an adoption.
Nevertheless, an
authority having jurisdiction by virtue of habitual residence shall respect any
provision prohibiting adoption contained in the national law of the adopter or,
in the case of an adoption by spouses, any such provision of their common national
law, if such a prohibition has been referred to in a declaration of the kind
contemplated in Article 13.
Article 5
The authorities
who have jurisdiction under the first paragraph of Article 3 shall apply the
national law of the child relating to consents and consultations, other than
those with respect to an adopter, his family or his or her spouse.
If according to
the said law the child or a member of his family must appear in person before
the authority granting the adoption, the authority shall, if the person
concerned is not habitually resident in the State of that authority, proceed,
where appropriate, by means of a commission
rogatoire.
Article 6
The authorities
referred to in the first paragraph of Article 3 shall not grant an adoption
unless it will be in the interest of the child. Before granting an adoption
they shall carry out, through the agency of the appropriate local authorities,
a thorough inquiry relating to the adopter or adopters, the child and his
family. As far as possible, this inquiry shall be carried out in co-operation
with public or private organisations qualified in the field of inter-country
adoptions and the help of social workers having special training or having
particular experience concerning the problems of adoption.
The authorities
of all Contracting States shall promptly give all the assistance requested for
the purposes of an adoption governed by the present Convention; for this
purpose the authorities may communicate directly with each other.
Each Contracting
State may designate one or more authorities empowered to communicate in
accordance with the preceding paragraph.
Article 7
Jurisdiction to
annul or to revoke an adoption governed by the present Convention shall be
vested in -
a) the
authorities of the Contracting State in which the person adopted habitually
resides at the time when the application to annul or to revoke the adoption is
made;
b) the authorities of the State in
which at that time the adopter habitually resides or, in the case of an
adoption by spouses, both of them habitually reside;
c) the authorities of the State
which granted the adoption.
An adoption may
be annulled -
a) on
any ground permitted by the internal law of the State which granted the
adoption; or
b) in accordance with the national
law of the adopter or adopters at the time when that adoption was granted in
cases where the application to annul is based on failure to comply with a
prohibition to which the second paragraph of Article 4 applies; or
c) in accordance with the national
law of the person adopted at the time when the adoption was granted in cases
where the application to annul is based on failure to obtain a consent required
by that law.
An adoption may
be revoked in accordance with the internal law of the authority exercising
jurisdiction.
Article 8
Every adoption
governed by the present Convention and granted by an authority having
jurisdiction under the first paragraph of Article 3 shall be recognised without
further formality in all Contracting States.
Every decision
annulling or revoking an adoption granted by an authority having jurisdiction
under Article 7 shall be recognised without further formality in all
Contracting States.
If any question
arises in a Contracting State with respect to the recognition of such an
adoption or decision, the authorities of that State, in considering the
jurisdiction of the authority which granted the adoption or which gave the
decision, shall be bound by the findings of fact on which that authority based
its jurisdiction.
Article 9
When an
authority having jurisdiction under the first paragraph of Article 3 has
granted an adoption, it shall notify this fact to the other State, if any, the
authorities of which would have been empowered to grant an adoption under that
Article, to the State of which the child is a national and to the Contracting
State where the child was born.
When an
authority having jurisdiction under the first paragraph of Article 7 has
annulled or revoked an adoption, it shall notify this fact to the State the
authority of which had granted the adoption, to the State of which the child is
a national and to the Contracting State where the child was born.
Article 10
For the purposes
of the present Convention, an adopter or a child who is stateless or whose
nationality is unknown, is deemed to have the nationality of the State of his
habitual residence.
Article 11
For the purposes
of the present Convention if in the State of which either an adopter or a child
is a national, there is more than one legal system in force, references to the
internal law or to the authorities of the State of which a person is a national
shall be construed as references to the law or to the authorities determined by
the rules in force in that State or, if there are no such rules, to the law or
to authorities of that system with which the person concerned is most closely
connected.
Article 12
The present
Convention does not affect provisions of other Conventions relating to adoption
binding Contracting States at the moment of its entry into force.
Article 13
Any State may,
at the time of signature, ratification or accession, with a view to the
application of the second paragraph of Article 4, make a declaration specifying
the provisions of its internal law prohibiting adoptions founded upon -
a) the
existence of descendants of the adopter or adopters;
b) the fact that a single person
is applying to adopt;
c) the existence of a blood
relationship between an adopter and the child;
d) the existence of a previous
adoption of the child by other persons;
e) the requirement of a difference
in age between adopter or adopters and the child;
f) the age of the adopter or
adopters and that of the child;
g) the fact that the child does
not reside with the adopter or adopters.
Such
declarations may be revoked at any time. The revocation shall be notified to
the Ministry of Foreign Affairs of the Netherlands.
Any declaration
which has been revoked shall cease to have effect on the sixtieth day after the
notification referred to in the preceding paragraph.
Article 14
Any Contracting
State may make a declaration specifying the persons deemed to possess its
nationality for the purposes of the present Convention.
Such
declarations and any modification or revocation thereof shall be notified to
the Ministry of Foreign Affairs of the Netherlands.
Any such
declaration, modification or revocation shall have effect on the sixtieth day
after the notification referred to in the preceding paragraph.
Article 15
The provisions
of the present Convention may be disregarded in Contracting States only when
their observance would be manifestly contrary to public policy.
Article 16
Each Contracting
State shall designate the authorities having power -
a) to
grant an adoption within the meaning of the first paragraph of Article 3;
b) to exchange the communications
envisaged by the second paragraph of Article 6 if it is intended to make use of
the power conferred by the third paragraph of Article 6;
c) to annul or revoke an adoption
under Article 7;
d) to receive information in
pursuance of Article 9.
Each Contracting
State shall supply the Ministry of Foreign Affairs of the Netherlands with a
list of the foregoing authorities and of any subsequent amendments to that
list.
Article 17
With a view to
the application of Article 5, each Contracting State shall inform the Ministry
of Foreign Affairs of the Netherlands of the provisions of its internal law
relating to consents and consultations.
Any State making
a declaration under Article 13 shall inform the said Ministry of the provisions
of its internal law relating to the prohibitions specified in that declaration.
A Contracting
State shall inform the said Ministry of any modification of the provisions
mentioned in the first and second paragraphs above.
Article 18
The present
Convention shall be open for signature by the States represented at the Tenth
Session of the Hague Conference on Private International Law.
It shall be
ratified, and the instruments of ratification shall be deposited with the
Ministry of Foreign Affairs of the Netherlands.
Article 19
The present
Convention shall enter into force on the sixtieth day after the deposit of the
third instrument of ratification referred to in the second paragraph of Article
18.
The Convention
shall enter into force for each signatory State which ratifies subsequently on
the sixtieth day after the deposit of its instrument of ratification.
Article 20
Any State not
represented at the Tenth Session of the Hague Conference on Private
International Law may accede to the present Convention after it has entered
into force in accordance with the first paragraph of Article 19. The instrument
of accession shall be deposited with the Ministry of Foreign Affairs of the
Netherlands.
The Convention
shall enter into force for such a State in the absence of any objection from a
State, which has ratified the Convention before such deposit, notified to the
Ministry of Foreign Affairs of the Netherlands within a period of six months
after the date on which the said Ministry has notified it of such accession.
In the absence
of any such objection, the Convention shall enter into force for the acceding
State on the first day of the month following the expiration of the last of the
periods referred to in the preceding paragraph.
Article 21
Any State may,
at the time of signature, ratification or accession, declare that the present
Convention shall extend to all the territories for the international relations
of which it is responsible, or to one or more of them. Such a declaration shall
take effect on the date of entry into force of the Convention for the State
concerned.
At any time
thereafter, such extensions shall be notified to the Ministry of Foreign
Affairs of the Netherlands.
The Convention
shall enter into force for the territories mentioned in such an extension on
the sixtieth day after the notification referred to in the preceding paragraph.
Article 22
Any State may,
not later than the moment of its ratification or accession, reserve the right
not to recognise an adoption granted by an authority exercising jurisdiction
under sub-paragraph b) of the
first paragraph of Article 3, when at the time of the application to adopt the
child had his habitual residence within its own territory and did not possess
the nationality of the State in which the adoption was granted. No other
reservation shall be permitted.
Each Contracting
State may also, when notifying an extension of the Convention in accordance
with Article 21, make the said reservation, with its effect limited to all or
some of the territories mentioned in the extension.
Each Contracting
State may at any time withdraw a reservation it has made. Such a withdrawal
shall be notified to the Ministry of Foreign Affairs of the Netherlands.
Such a
reservation shall cease to have effect on the sixtieth day after the
notification referred to in the preceding paragraph.
Article 23
The present
Convention shall remain in force for five years from the date of its entry into
force in accordance with the first paragraph of Article 19, even for States
which have ratified it or acceded to it subsequently.
If there has
been no denunciation, it shall be renewed tacitly every five years.
Any denunciation
shall be notified to the Ministry of Foreign Affairs of the Netherlands at
least six months before the end of the five year period.
It may be
limited to certain of the territories to which the Convention applies.
The denunciation
shall have effect only as regards the State which has notified it. The
Convention shall remain in force for the other Contracting States.
Article 24
The Ministry of
Foreign Affairs of the Netherlands shall give notice to the States referred to
in Article 18, and to the States which have acceded in accordance with Article
20, of the following -
a) the
declarations and revocations referred to in Article 13;
b) the declarations, modifications
and revocations referred to in Article 14;
c) the designation of authorities
referred to in Article 16;
d) the legal provisions and
modifications thereof referred to in Article 17;
e) the signatures and
ratifications referred to in Article 18;
f) the date on which the
present Convention enters into force in accordance with the first paragraph of
Article 19;
g) the accessions referred to in
Article 20 and the dates on which they take effect;
h) the extensions referred to in
Article 21 and the dates on which they take effect;
i) the reservations and
withdrawals referred to in Article 22;
j) the denunciations
referred to in the third paragraph of Article 23.
In witness
whereof the undersigned, being duly authorised thereto, have signed the present
Convention.
Done at The
Hague, on the 15th day of November, 1965, in the English and French languages,
both texts being equally authentic, in a single copy which shall be deposited
in the archives of the Government of the Netherlands, and of which a certified
copy shall be sent, through the diplomatic channel, to each of the States
represented at the Tenth Session of the Hague Conference on Private
International Law.
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