S.L. 16.5 Art. 4Designation of Central Authority for the purposes of the Convention.

The Social Care Standards Authority is hereby designated as the Central Authority to discharge the duties which are imposed by the

Convention upon such Authorities.

FIRST SCHEDULE

(Article 2)

CONVENTION ON PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION

(Concluded 29 May 1993) States signatory to the present Convention, Recognizing that the child, for the full and harmonious development of his personality, should grow up in a family environment, in an atmosphere of and understanding, Recalling that each State should take, as a matter of priority, appropriate 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 family to a child for whom a suitable family cannot be found in his or her

Convinced of the necessity to take measures to ensure that intercountry made in the best interests of the child and with respect for his or her rights, and to prevent the abduction, the sale of, or traffic in children, Desiring to establish common provisions to this effect, taking into account set forth in international instruments, in particular the United Nations on the Rights of the Child, of 20 November 1989, and the United Declaration on Social and Legal Principles relating to the Protection and Children, with Special Reference to Foster Placement and Adoption Internationally (General Assembly Resolution 41]85, of 3 December agreed upon the following provisions -CHAPTER I - SCOPE OF THE CONVENTION Article 1

objects of the present Convention are -establish safeguards to ensure that intercountry adoptions take place the best interests of the child and with respect for his or her fundamental rights as recognized in international law; 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; secure the recognition in Contracting States of adoptions made in accordance with the Convention.

Article 2 Convention shall apply where a child habitually resident in one State ("the State of origin") has been, is being, or is to be moved to Contracting State ("the receiving State") either after his or her adoption in origin by spouses or a person habitually resident in the receiving State, purposes of such an adoption in the receiving State or in the State of

Convention covers only adoptions which create a permanent parent-relationship. Article 3

The Convention ceases to apply if the agreements mentioned subparagraph (c), have not been given before the child attains the age years. CHAPTER II - REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS

Article 4 An adoption within the scope of the Convention shall take place 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 State of origin have been given due consideration, that adoption is in the child’s best interests;

(c) have ensured that

(1) the persons, institutions and authorities whose necessary for adoption, have been counselled as may and duly informed of the effects of their consent, whether or not an adoption will result in the termination legal relationship between the child and his or origin,

(2) such persons, institutions and authorities have given freely, in the required legal form, and expressed or writing,

(3) the consents have not been induced by payment or of any kind and have not been withdrawn, and

(4) the consent of the mother, where required, has been after the birth of the child; and

(d) have ensured, having regard to the age and degree of maturity child, that

(1) he or she has been counselled and duly informed of the adoption and of his or her consent to the adoption, consent is required,

(2) consideration has been given to the child's wishes and

(3) the child's consent to the adoption, where such required, has been given freely, in the required legal expressed or evidenced in writing, and

(4) such consent has not been induced by payment or of any kind.

Article 5 An adoption within the scope of the Convention shall take place competent authorities of the receiving State -

(a) have determined that the prospective adoptive parents are suited to adopt;

(b) have ensured that the prospective adoptive parents have been as may be necessary; and

(c) have determined that the child is or will be authorized reside permanently in that State. III - CENTRAL AUTHORITIES AND ACCREDITED BODIES

Article 6 Contracting State shall designate a Central Authority to discharge the are imposed by the Convention upon such authorities. Federal States, States with more than one system of law or States having territorial units shall be free to appoint more than one Central Authority the territorial or personal extent of their functions. Where a State has more than one Central Authority, it shall designate the Central Authority communication may be addressed for transmission to the appropriate Authority within that State.

Article 7 Central Authorities shall co-operate with each other and promote co-amongst the competent authorities in their States to protect children and to other objects of the Convention.

shall take directly all appropriate measures to -provide information as to the laws of their States concerning adoption and other general information, such as statistics and standard forms; keep one another informed about the operation of the Convention and, far as possible, eliminate any obstacles to its application.

Article 8 Central Authorities shall take, directly or through public authorities, all measures to prevent improper financial or other gain in connection with and to deter all practices contrary to the objects of the Convention.

Article 9 Central Authorities shall take, directly or through public authorities or other accredited in their State, all appropriate measures, in particular to -collect, preserve and exchange information about the situation of the child and the prospective adoptive parents, so far as is necessary to complete the adoption; facilitate, follow and expedite proceedings with a view to obtaining the adoption; promote the development of adoption counselling and post-adoption services in their States; provide each other with general evaluation reports about experience with intercountry adoption; reply, in so far as is permitted by the law of their State, to justified requests from other Central Authorities or public authorities for information about a particular adoption situation. Article 10 Accreditation shall only be granted to and maintained by bodies their competence to carry out properly the tasks with which they may

Article 11 accredited body shall -

pursue only non-profit objectives according to such conditions and within such limits as may be established by the competent the State of accreditation;

(b) be directed and staffed by persons qualified by their ethical and by training or experience to work in the field of adoption; and

(c) be subject to supervision by competent authorities of that composition, operation and financial situation. Article 12

A body accredited in one Contracting State may act in another State only if the competent authorities of both States have authorized

Article 13 The designation of the Central Authorities and, where appropriate, extent of their functions, as well as the names and addresses of the accredited shall be communicated by each Contracting State to the Permanent Hague Conference on Private International Law. CHAPTER IV - PROCEDURAL REQUIREMENTS IN INTERCOUNTRY ADOPTION Article 14

Persons habitually resident in a Contracting State, who wish to habitually resident in another Contracting State, shall apply to the Central in the State of their habitual residence. Article 15

(1) If the Central Authority of the receiving State is satisfied that are eligible and suited to adopt, it shall prepare a report including information their identity, eligibility and suitability to adopt, background, family history, social environment, reasons for adoption, ability to intercountry adoption, as well as the characteristics of the children would be qualified to care.

(2) It shall transmit the report to the Central Authority of the State

Article 16

(1) If the Central Authority of the State of origin is satisfied that adoptable, it shall -

(a) prepare a report including information about his or adoptability, background, social environment, family history, history including that of the child’s family, and any special child;

(b) give due consideration to the child's upbringing and to his religious and cultural background;

(c) ensure that consents have been obtained in accordance and

(d) determine, on the basis in particular of the reports relating and the prospective adoptive parents, whether the envisaged is in the best interests of the child.

(2) It shall transmit to the Central Authority of the receiving State the child, proof that the necessary consents have been obtained and its determination on the placement, taking care not to reveal the father if, in the State of origin, these identities may not be disclosed.

Article 17 decision in the State of origin that a child should be entrusted to adoptive parents may only be made if -the Central Authority of that State has ensured that the prospective adoptive parents agree; the Central Authority of the receiving State has approved such decision, where such approval is required by the law of that State or by the Central Authority of the State of origin; the Central Authorities of both States have agreed that the adoption may proceed; and has been determined, in accordance with Article 5, that the prospective adoptive parents are eligible and suited to adopt and that the child is or will be authorized to enter and reside permanently in the receiving State. Article 18 Central Authorities of both States shall take all necessary steps to obtain for the child to leave the State of origin and to enter and reside in the receiving State. Article 19 transfer of the child to the receiving State may only be carried out if the of Article 17 have been satisfied. Central Authorities of both States shall ensure that this transfer takes and appropriate circumstances and, if possible, in the company of the prospective adoptive parents. transfer of the child does not take place, the reports referred to in 16 are to be sent back to the authorities who forwarded them. Article 20 Central Authorities shall keep each other informed about the adoption the measures taken to complete it, as well as about the progress of the a probationary period is required. Article 21 the adoption is to take place after the transfer of the child to the State and it appears to the Central Authority of that State that the placement of the child with the prospective adoptive parents is not in the interests, such Central Authority shall take the measures necessary to child, in particular -cause the child to be withdrawn from the prospective adoptive parents and to arrange temporary care; consultation with the Central Authority of the State of origin, to arrange without delay a new placement of the child with a view to adoption or, if this is not appropriate, to arrange alternative long-term care; an adoption shall not take place until the Central Authority of the State of origin has been duly informed concerning the new prospective adoptive parents; a last resort, to arrange the return of the child, if his or her interests so require.

(2) Having regard in particular to the age and degree of maturity or she shall be consulted and, where appropriate, his or her consent relation to measures to be taken under this Article. Article 22

(1) The functions of a Central Authority under this Chapter may by public authorities or by bodies accredited under Chapter III, permitted by the law of its State.

(2) Any Contracting State may declare to the depositary of the Convention the functions of the Central Authority under Articles 15 to 21 may be that State, to the extent permitted by the law and subject to the supervision competent authorities of that State, also by bodies or persons who -

(a) meet the requirements of integrity, professional competence, and accountability of that State; and

(b) are qualified by their ethical standards and by training or work in the field of intercountry adoption.

(3) A Contracting State which makes the declaration provided for 2 shall keep the Permanent Bureau of the Hague Conference on Private Law informed of the names and addresses of these bodies and persons.

(4) Any Contracting State may declare to the depositary of the Convention adoptions of children habitually resident in its territory may only take functions of the Central Authorities are performed in accordance with

(5) Notwithstanding any declaration made under paragraph provided for in Articles 15 and 16 shall, in every case, be prepared responsibility of the Central Authority or other authorities or bodies with paragraph 1. CHAPTER V - RECOGNITION AND EFFECTS OF THE ADOPTION Article 23

(1) An adoption certified by the competent authority of the State as having been made in accordance with the Convention shall be operation of law in the other Contracting States. The certificate shall and by whom the agreements under Article 17, sub-paragraph (c), were

(2) Each Contracting State shall, at the time of signature, acceptance, approval or accession, notify the depositary of the Convention identity and the functions of the authority or the authorities which, in competent to make the certification. It shall also notify the depositary modification in the designation of these authorities. Article 24 The recognition of an adoption may be refused in a Contracting the adoption is manifestly contrary to its public policy, taking into account interests of the child. Article 25 Any Contracting State may declare to the depositary of the Convention it will not be bound under this Convention to recognize adoptions accordance with an agreement concluded by application of Article 39, Article 26

recognition of an adoption includes recognition of the legal parent-child relationship between the child and his or her adoptive parents; parental responsibility of the adoptive parents for the child; the termination of a pre-existing legal relationship between the child and his or her mother and father, if the adoption has this effect in the Contracting State where it was made. case of an adoption having the effect of terminating a pre-existing parent-child relationship, the child shall enjoy in the receiving State, and in any Contracting State where the adoption is recognized, rights equivalent to those adoptions having this effect in each such State.

preceding paragraphs shall not prejudice the application of any more favourable for the child, in force in the Contracting State which adoption. Article 27

an adoption granted in the State of origin does not have the effect of pre-existing legal parent-child relationship, it may, in the receiving recognizes the adoption under the Convention, be converted into an having such an effect -the law of the receiving State so permits; and the consents referred to in Article 4, sub-paragraphs (c) and (d), have been or are given for the purpose of such an adoption. 23 applies to the decision converting the adoption. CHAPTER VI - GENERAL PROVISIONS

Article 28 Convention does not affect any law of a State of origin which requires adoption of a child habitually resident within that State take place in that prohibits the child’s placement in, or transfer to, the receiving State adoption. Article 29

shall be no contact between the prospective adoptive parents and the or any other person who has care of the child until the requirements sub-paragraphs (a) to (c), and Article 5, sub-paragraph (a), have been the adoption takes place within a family or unless the contact is in with the conditions established by the competent authority of the State

Article 30

competent authorities of a Contracting State shall ensure that held by them concerning the child's origin, in particular information the identity of his or her parents, as well as the medical history, is shall ensure that the child or his or her representative has access to information, under appropriate guidance, in so far as is permitted by the law of

Article 31

Without prejudice to Article 30, personal data gathered or transmitted the Convention, especially data referred to in Articles 15 and 16, shall for the purposes for which they were gathered or transmitted. Article 32

(1) No one shall derive improper financial or other gain from an to an intercountry adoption.

(2) Only costs and expenses, including reasonable professional involved in the adoption, may be charged or paid.

(3) The directors, administrators and employees of bodies involved adoption shall not receive remuneration which is unreasonably high services rendered. Article 33

A competent authority which finds that any provision of the Convention not been respected or that there is a serious risk that it may not be respected, immediately inform the Central Authority of its State. This Central be responsible for ensuring that appropriate measures are taken. Article 34 If the competent authority of the State of destination of requests, a translation certified as being in conformity with the original furnished. Unless otherwise provided, the costs of such translation are the prospective adoptive parents.

Article 35 The competent authorities of the Contracting States shall act in the process of adoption. Article 36 In relation to a State which has two or more systems of law adoption applicable in different territorial units -

(a) any reference to habitual residence in that State shall be referring to habitual residence in a territorial unit of that

(b) any reference to the law of that State shall be construed the law in force in the relevant territorial unit;

(c) any reference to the competent authorities or to the public that State shall be construed as referring to those authorized relevant territorial unit;

(d) any reference to the accredited bodies of that State shall referring to bodies accredited in the relevant territorial unit. Article 37 In relation to a State which with regard to adoption has two or of law applicable to different categories of persons, any reference to State shall be construed as referring to the legal system specified by State.

Article 38 A State within which different territorial units have their own respect of adoption shall not be bound to apply the Convention where system of law would not be bound to do so.

Article 39 Convention does not affect any international instrument to which States are Parties and which contains provisions on matters governed by Convention, unless a contrary declaration is made by the States Parties to such

Contracting State may enter into agreements with one or more other States, with a view to improving the application of the Convention in relations. These agreements may derogate only from the provisions of 16 and 18 to 21. The States which have concluded such an agreement a copy to the depositary of the Convention. Article 40

reservation to the Convention shall be permitted. Article 41 Convention shall apply in every case where an application pursuant to been received after the Convention has entered into force in the and the State of origin. Article 42 Secretary General of the Hague Conference on Private International regular intervals convene a Special Commission in order to review the operation of the Convention. CHAPTER VII - FINAL CLAUSES Article 43

Convention shall be open for signature by the States which were the Hague Conference on Private International Law at the time of its Session and by the other States which participated in that Session. be ratified, accepted or approved and the instruments of ratification, approval shall be deposited with the Ministry of Foreign Affairs of the the Netherlands, depositary of the Convention. Article 44 other State may accede to the Convention after it has entered into force with Article 46, paragraph 1. instrument of accession shall be deposited with the depositary.

accession shall have effect only as regards the relations between the and those Contracting States which have not raised an objection to its the six months after the receipt of the notification referred to in sub-of Article 48. Such an objection may also be raised by States at the they ratify, accept or approve the Convention after an accession. Any shall be notified to the depositary. Article 45

State has two or more territorial units in which different systems of law in relation to matters dealt with in the Convention, it may at the time ratification, acceptance, approval or accession declare that this shall extend to all its territorial units or only to one or more of them and this declaration by submitting another declaration at any time.

(2) Any such declaration shall be notified to the depositary expressly the territorial units to which the Convention applies.

(3) If a State makes no declaration under this Article, the Convention extend to all territorial units of that State. Article 46

(1) The Convention shall enter into force on the first day of the month the expiration of three months after the deposit of the third instrument acceptance or approval referred to in Article 43.

(2) Thereafter the Convention shall enter into force -

(a) for each State ratifying, accepting or approving it subsequently, acceding to it, on the first day of the month following the three months after the deposit of its instrument of acceptance, approval or accession;

(b) for a territorial unit to which the Convention has been conformity with Article 45, on the first day of the month expiration of three months after the notification referred Article. Article 47

(1) A State Party to the Convention may denounce it by a notification addressed to the depositary.

(2) The denunciation takes effect on the first day of the month expiration of twelve months after the notification is received by the Where a longer period for the denunciation to take effect is specified notification, the denunciation takes effect upon the expiration of such after the notification is received by the depositary. Article 48

The depositary shall notify the States Members of the Hague Private International Law, the other States which participated in the Session and the States which have acceded in accordance with Article following -

(a) the signatures, ratifications, acceptances and approvals Article 43;

(b) the accessions and objections raised to accessions referred 44;

(c) the date on which the Convention enters into force in accordance Article 46;

(d) the declarations and designations referred to in Articles 45;

(e) the agreements referred to in Article 39;

(f) the denunciations referred to in Article 47. In witness whereof the undersigned, being duly authorized signed this Convention. Done at The Hague, on the 29th day of May 1993, in the English languages, both texts being equally authentic, in a single copy which deposited in the archives of the Government of the Kingdom of the Netherlands, of which a certified copy shall be sent, through diplomatic channels, Members of the Hague Conference on Private International Law at the date of Seventeenth Session and to each of the other States which participated in that

SECOND SCHEDULE

(Article 2) to the "Convention on Protection of Children and Co-operation in Intercountry Adoption" concluded at The Hague on the 29th May, 1993

Faso

Czech Republic

Albania Slovakia Germany

Slovenia Bolivia Bulgaria

Luxembourg Latvia Switzerland

B 6338 United Kingdom (extension to the Isle of Man)

India Belarus Uruguay

Portugal