1. (...)
2. (...)
3. 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.
4. 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.
5. Pursuant to Article 45, Australia declares that the Convention shall extend to all the territorial units of Australia.
6. 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.

The Republic of Austria declares in accordance with Article 22, paragraph 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, paragraph 1.

1. (...)
2. 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.

3. (...)

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.

(Translation)
Declaration in accordance with article 22, paragraph 4:
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.

Declaration in accordance with article 23, paragraph 2:
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.

By Note of 16 May 2000, the Ambassador of Brazil in The Hague communicated to the Permanent Bureau that, at the request of the relevant Brazilian judiciary authorities, and in compliance with Article 22(4) of the Convention, he informed the depositary 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.

Declaration pursuant to Article 2:
In accordance with Article 2 of the Convention, the Republic of Bulgaria declares that the adoption of a child with habitual residence in the Republic of Bulgaria shall be made only in accordance with the internal law of the State whose citizen the child is.

(...)

Declaration pursuant to Articles 17, 21 and 28:
In accordance with Articles 17, 21 and 28 of the Convention, the Republic of Bulgaria declares that only children adopted by virtue of an enforceable judgment of a Bulgarian court may leave the territory of the Republic of Bulgaria.

Declaration pursuant to Article 22, paragraph 4:
In accordance with Article 22, paragraph 4, of the Convention, the Republic of Bulgaria declares that the adoption of children with habitual 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 Article 25 of the Convention, the Republic of Bulgaria declares that it will not be bound to recognise adoptions made on the basis of agreements concluded pursuant to Article 39, paragraph 2, to which the Republic of Bulgaria is not a Party.

Declaration pursuant to Article 34:
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."

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 New Brunswick, Newfoundland and Labrador, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Quebec,* Saskatchewan and the Yukon 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.

The Government of Canada also declares, in accordance with Article 22.4, that adoption of children habitually resident in Quebec 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.

*Declaration of 14 April 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.

1. Ministry of Civil Affairs of the People's Republic of China is the Central Authority of the People's Republic of China to discharge all duties imposed by the Convention.

2. 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 the Central Authority are performed by public authorities of the receiving States or competent bodies accredited by them.

3. The civil affairs organs of the provinces, autonomous regions, or municipalities directly under the Central Government where the prolonged residence of the adopted child is located, are the competent authorities of the People's Republic of China to issue an adoption certificate, which may be by the name of Adoption Registration Certificate.

4. 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.

5. 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 Administrative Region of the PRC. In accordance with Article 6 of the Convention, the Government of the PRC designates the following authority as Central Authority in the Hong Kong Special Administrative Region to discharge all duties imposed by the Convention: [please click here for the contact details of the Central Authority].

6. In accordance with the Basic Law of the Macao Special Administrative Region of the PRC, the Government of the PRC decides that the Convention applies to the Macao Special Region of the PRC. In accordance with Article 6 and Article 23(2) of the Convention, the Government of the PRC designates the following authority as Central Authority in the Macao Special Administrative Region to discharge all duties imposed by the Convention as well as to issue an Adoption Certificate: [please click here for the contact details of the Central Authority].

In accordance with Article 22(4) of the Convention, the adoption of children habitually resident in the Macao 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 Article 22(4) of the Convention, the adoption of children habitually resident in the Hong Kong 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 Article 25, the Hong Kong Special Administrative Region of the PRC is not bound under this Convention to recognize adoptions made in accordance with an agreement concluded by application of Article 39, paragraph 2.

1. (...) in accordance with Article 13 of the Convention, the Republic of Cyprus designates the Ministry of Labour and Social Insurance as the Central Authority to discharge all duties and responsibilities imposed by the Convention. It furthermore accredits the Director of the Department of Social Welfare Services as the competent authority to act as specified in the Convention including the certification required by Article 23.

2. The Ministry of Labour and Social Insurance will act as the sole agent for the implementation of the Convention and its functions will include all aspects of intercountry adoption as provided by the Convention.

3. Specifically, the functions of the aforesaid competent authority include the following:

(i) To provide care and protection to children. The Department of Social Welfare Services is the oficial agency of the Ministry responsible for children's welfare and protection.
(ii) To take all measures necessary for the implementation of the un Convention on the Rights of the Child which was ratified by the Republic of Cyprus.
(iii) To take all measures necessary for the implementation of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, also ratified by the Republic of Cyprus.
(iv) To provide administrative and supportive services necessary to implement all laws and conventions relating to children's rights.
(v) To provide care and protection to children in need through a Foster Care Scheme and through Institutional and Guidance Services.
(vi) To provide programmes and services for the prevention and the treatment of delinquent behavious of children.
(vii) To provide services for the prevention and treatment of child abuse, violence and neglect of children.
(viii) To provide in co-operation with other authorities day care services to children of working parents and to regulate the standards of such services runned by individuals or the communities.
(ix) To regulate the adoption of achildren.
(x) To provide consultation services on parental care.
(xi) To initiate research programmes on children.
(xii) To provide and promote training in all aspects concerning child care.
(xiii) To promote international co-operation on children matters and on intercountry adoption."

(...)
The Act concerning Social and Legal Protection of Children, approved by the Parliament of the Czech Republic on December 9, 1999 provides for the establishment of the Office for International Legal Protection of Children (hereinafter referred to as "Office"), having its seat in Brno. The Office is the administrative office with nation-wide scope of operation; it is subordinated to the Ministry of Labour and Social Affairs.
The Office is headed by a Director, appointed and recalled by the Minister of Labour and Social Affairs.

(1) Within the extent of its functions, the Office provides for social and legal protection in relation to abroad in respect of:
a) children having in the territory of the Czech Republic
- permanent residence;
- permanent residence or long-term residence permit;
- applied for refugee status; or
- are entitled to permanent residence;
b) children who are nationals of the Czech Republic and are not permanently resident in its territory;
c) children who are not nationals of the Czech Republic, do not have a permanent or long-term residence permit in its territory and are not staying in its territory, provided their parents or other physical persons having a child support order in respect of these children are staying in the Czech Republic.
(2) In executing its responsibilities under para. 1 of this provision, the Office:
a) acts as the receiving and sending body within the implementation of international treaties and performs other duties arising for the Czech Republic out of international treaties concerning social and legal protection;
b) acts as a child guardian;
c) at the request of parents living in the Czech Republic or social and legal protection bodies, requests from the competent bodies and other legal and physical persons reports on the situation of children who are nationals of the Czech Republic and are not permanently resident in its territory;
d) provides for the transmission of personal documents and other letters abroad and for documents and other letters to be transmitted from abroad;
e) co-operates with government bodies or other organizations abroad executing similar responsibilities and duly authorized in their respective States to carry out activities related to social and legal protection and as appropriate with other bodies, institutions and legal persons;
f) provides assistance in the search for parents of a child, providing the parents or one of them are living abroad, in establishing property and incomes situations for establishing child support, provides for the petitioning of actions to secure child support, concerning in particular child support adjustment, upbringing and establishment of paternity;
g) examines, for the purposes of adoption of a child in the receiving State, the social environment and family situation of the child;
h) fulfils the responsibilities arising out of the adoption and enters into contact with the competent bodies, and physical and legal persons if so required by the discharge of functions of the Office arising out of the said Act;
i) gives consent to the adoption of a child abroad.

Denmark made the declaration provided for in Article 25 and the declaration provided for in Article 22, paragraph 4.

Denmark declared that the Convention, till further decision, shall not apply to Greenland.

On 22 October 1997, the depositary received a copy of a document from the Danish Ministry of Justice, which reads as follows:

"Appointments in accordance with the Hague Convention of May 29, 1993 on protection of children and co-operation in respect of intercountry adoption:

1. Central Authority
The Danish Ministry of Justice has been designated Central Authority, cf. Article 6, paragraph 1, and shall discharge the duties imposed by the Convention, in the absence of any provision to the contrary in the Danish statutes governing adoption.

2. Accredited bodies
Unless the adoption concerns a child who is a citizen of Finland, Iceland, Norway or Sweden, any application for adoption of a child residing in another Contracting State, cf. Article 14, must be filed with the organisations listed [see "Authorities"], which are authorised by the Danish Minister of Justice to provide adoption services (adoption agencies).

Otherwise, assistance in establishing contact between prospective adoptive parents and a child with a view to adoption and in completing an adoption (adoption services) may only be provided by the Danish Minister of Justice, the joint councils set up at county level by the Danish Minister of Justice, and the Danish Central Adoption Board.

(...)

Under Danish adoption law, accredited agencies shall also undertake the following tasks:
– to submit a report on the applicants to the Central Authority in the receiving State, cf. Article 15, paragraph 2;
– to receive a report on the child etc., cf. Article 16, paragraph 2;
– to take the necessary measures, cf. Articles 18-20.

Public authorities / competent authorities
A. Under Danish adoption law, the joint council for adoption – or the secretariat of the joint council – in the county in which the applicants reside shall perform the following tasks:
– the joint council for adoption shall determine whether the prospective adoptive parents are eligible and suited to adopt, cf. Article 5, sub-paragraph a;
– the secretariat of the joint council for adoption shall prepare a report on the applicants, cf. Article 15, paragraph 1;
– the joint council for adoption's approval of the matching proposals of the State of origin is required, cf. Article 17, sub-paragraph b;
– the joint council for adoption's approval is required before the adoption may proceed, cf. Article 17, sub-paragraph c;
– the secretariat of the joint council for adoption shall take the necessary measures, cf. Article 21.

If a joint council for adoption decides to withhold its consent, cf. Article 5, sub-paragraph a, and Article 17, sub-paragraphs b and c, the decision may be reversed by the Danish Central Adoption Board, which is a central, autonomous complaints board under the Danish Ministry of Justice.

B. The certificate referred to in Article 23, paragraph 1, stating that an adoption has been made in accordance with the Convention, is issued by the Governor's office in the county in which the applicants reside, in connection with the grant for adoption issued by the said office.

(...)
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 23, France declares that the Mission de l'adoption internationale is the competent authority for the purpose of issuing the certificates referred to in Article 24, paragraph 1, of the Convention in cases where adoption takes place in France or when an adoption granted in another State is converted in France pursuant to Article 27, paragraph 2.

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.

(Translation)
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.

Paragraph 4 of Article 22
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.

Paragraph 2 of Article 23
In accordance with paragraph 2 of Article 23 of the Convention, the Ministry of Youth, Family, Social and Equal Opportunities shall issue the certificates referred to in paragraph 1 of Article 23.

(Translation)
1. Declaration pursuant to Article 22 of the Convention
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 4.05.1983, as amended by law No 476 of 31.12.1998.

2. Declaration pursuant to Article 23 of the Convention
In accordance with Article 23, paragraph 2, of the Convention, the Government of the Italian Republic notifies the depositary that the "Commission pour les adoptions internationales" (established by the "Présidence du Conseil des Ministres" pursuant to Articles 38 and 39 of law No 184 of 4.05.1983 as amended by law No 476 of 31.12.1998), in its capacity as the Italian Central Authority, is the sole authority competent to certify that an adoption has been made in accordance with the Convention.
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) co-operating 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 co-operation 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) co-operating with other organisations than those referred to in a) above, for information and training activities.

3. Declaration pursuant to Article 25 of the Convention 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.

In accordance with Article 23, paragraph 2, of the Convention, the Republic of Latvia declares that the judgment on approval of adoption delivered by the court is deemed to be the certification of adoption in the terms of Article 23, paragraph 1, of the Convention.

(Translation)
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.

I. En relación con los artículos 6, numeral 2 y 22, numeral 2, únicamente fungirán como Autoridades Centrales para la aplicación de la presente Convención, el Sistema para el Desarrollo Integral de la Familia de cada una de las siguientes entidades federativas, con jurisdicción exclusiva en el territorio al que pertenecen.

El Sistema Nacional para el Desarrollo Integral de la Familia tendrá jurisdicción exclusiva en el Distrito Federal y jurisdicción subsidiaria en las 31 entidades federativas de la República anteriormente citadas.

La Consultoría Jurídica de la Secretaría de Relaciones Exteriores fungirá como Autoridad Central para la recepción de documentación proveniente del extranjero.

II. En relación con los Artículos 17, 21 y 28 el Gobierno de México declara que sólo podrán ser trasladados fuera del país los menores que hayan sido previamente adoptados a través de los tribunales familiares nacionales.

III. En relación con el Artículo 23 numeral 2, el Gobierno de México declara que la Consultoría Jurídica de la Secretaría de Relaciones Exteriores es la autoridad competente para expedir las certificaciones de las adopciones que se hayan gestionado de conformidad con la Convención.

IV. En relación con el Artículo 34, el Gobierno de México declara que toda la documentación que se remita a México en aplicación de la Convención, deberá estar acompañada de una traducción oficial al idioma español."

(Translation)
I. In connection with Article 6, paragraph 2, and Article 22, paragraph 2, the Systems for Integral Family Development in each of the following federal units shall act as the sole Central Authorities for the purposes of this Convention, having exclusive jurisdiction within the territory to which they pertain: (see "Authorities")

The National System for Integral Family Development shall have exclusive jurisdiction within the Federal District and subsidiary jurisdiction with the aforementioned 31 federal units of the Republic.

The Legal Department of the Ministry of Foreign Affairs shall act as the Central Authority for the receipt of documents from other countries.

II. 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 transferred outside Mexico.

III. In connection with Article 23, paragraph 2, the Government of Mexico declares that the Legal Department of the Ministry of Foreign Affairs shall be the competent authority for the certification of adoptions negotiated in accordance with the Convention.

IV. 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.

 

Note: The Convention applies to the Kingdom in Europe.

In accordance with Article 23 of the Convention, the Government of Norway declares:

The Government Adoption Office is the competent authority to make certifications referred to in Article 23, paragraph 1, when the adoption has taken place in Norway or when a foreign adoption order has been converted in Norway according to Article 27.

In accordance with Article 22, paragraph 4, of the Convention, the Government of 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.

In accordance with Article 13 of the Convention, the Government of Norway declares:

The Government Adoption Office is the Central Authority referred to in Article 6, paragraph 1, and shall discharge the duties imposed by the Convention upon such authorities, unless functions are performed by public authorities or by accredited bodies by delegation pursuant to Article 22, paragraph 1.

Declarations under Articles 22, paragraph 1, and 17(c) received by the Permanent Bureau on 11 November 2004:

"Subordinate to the Directorate there are five regional offices, which have been delegated some procedural functions under Article 22, paragraph 1. In the vast majority of cases prospective adoptive parents shall now apply to the competent regional office, which grants the advance approval to adopt a child resident in another State. The Directorate is appellate instance. If an adoption exceptionally is going to take place outside an accredited adoption organization, the Directorate itself (Central Authority) shall still grant the advance approval in the first instance. The Ministry of Children and Family Affairs is then appellate instance.

(...)

In the large majority of cases the Article 17, sub-paragraph c function is performed by the accredited adoption organization according to delegation under Article 22 paragraph 1. In the rare cases where intercountry adoptions are arranged outside an accredited organization, the function is performed by the Norwegian Directorate for Children, Youth and Family Affairs itself. In cases concerning older children (children over 5 years of age), groups of siblings or children with special needs, the decision provided by sub-paragraphc is made by "Faglig utvalg for adopsjonssaker" (Professional Board for Adoption). This board is an independent Government body authorized inter alia to perform the Article 17, sub-paragraph c function in cases concerning children mentioned above. The Professional Board for Adoption is composed of a medical doctor (general practitioner), a clinical psychologist and a psychiatrist, appointed by the Ministry of Children and Family Affairs for a period of two years."

1. (...)
2. Declaración con arreglo al Artículo 22.4
La República de Panamá, de conformidad con el numeral 4 del artículo 22.4 de dicha Convención, declara que las adopciones, de niños y niñas, cuya residencia habitual esté situada en el territorio nacional de la República Panamá, podrán tener lugar, siempre que las funciones conferidas a la Autoridad Central, se ejerzan de acuerdo con el párrafo 1 de este artículo.
3. (...)
4. Declaración con arreglo al Artículo 25
La República de Panamá no reconoce la adopción realizada conforme a un acuerdo concluido entre uno o más Estados Contractantes, en la aplicación del artículo 39, párrafo 2 del presente Convenio.

(Translation)
1. (...)
2. 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.
3. (...)
4. 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.

With the following communication:

"(...) que la Secretaría Técnica de Adopciones es la autoridad competente en materia de adopciones en el Perú, de acuerdo con lo establecido en el Decreto Ley No. 26102 "Código de los Niños y Adolescentes" y Decreto Supremo No. 018-93-JUS que aprueba el Reglamento del Libro Tercero del Título II de la Adopción del referido Código.
Dichos dispositivos establecen que la Secretaría Técnica de Adopciones es la autoridad central, de carácter normativo y de control, encargada de proponer, ejecutar y fiscalizar la política a seguirse en materia de adopciones. De igual manera es la encargada de desarrollar programas de adopción de niños y adolescentes a nivel nacional.
A fin de cumplir con lo dispuesto por el artículo 13 de la Convención Relativa a la Protección del Niño y a la Cooperación en materia de Adopción Internacional, pasamos a indicar los datos que permitirán identificar a nuestra institución.

Funciones: Son funciones de la Secretaría Técnica de Adopciones, entre otras, las siguientes:

a) Proponer y fiscalizar la política en materia de adopciones.
b) Dictar la normatividad para el desarrollo de programas integrales de adopciones.
c) Impulsar y ejecutar programas integrales de adopciones de niños y adolescentes directamente o a través de las instituciones autorizadas.
d) Aprobar y suscribir convenios en materia de adopción internacional con los gobiernos extranjeros y con las instituciones autorizadas por estos.
e) Tal como lo dispone el artículo 12 de la Convención Relativa a la Protección del Niño y a la Cooperación en materia de Adopción International, la Secretaría Técnica de Adopciones es la entidad facultada para autorizar y controlar el funcionamiento de las instituciones públicas y privadas, que desarrollen programas integrales de adopción de niños y adolescentes.
f) Realizar la selección de los preadoptantes, emitir los informes técnicos y la designación del niño o adolescente en la etapa adoptiva.
g) Supervisar el cumplimiento de la Ley, el Reglamento, los Convenios suscritos y la normatividad en general en materia de adopciones a nivel nacional.
h) Llevar el Registro Nacional de Adopciones de Niños y Adolescentes en el cual figurarán todas aquellas adopciones realizadas en el Perú
i) Llevar el Registro Central de preadoptantes a nivel nacional en el que se inscribe a todas aquellas personas que deseen adoptar a niños y/o adolescentes en el Perú
j) Efectuar el control postadoptivo de las adopciones realizadas en el país.

Asimismo, cabe señalar que de acuerdo a lo dispuesto por el artículo 134 del Decreto Ley No. 26102, se han instalado en determinadas demarcaciones regionales entes dependientes de la Secretaría Técnica de Adopciones. Cabe precisar que dichos entes sólo se hallan facultados para atender solicitudes de personas residentes en el Perú, mas no aquellas solicitudes de adopción provenientes de personas que residan en el extranjero, salvo delegación expresa de la Secretaría Técnica de Adopciones de Lima, única entidad facultada para ello."

(Translation)
(...) that the Technical Secretariat for Adoptions is the competent authority for adoptions in Peru in accordance with what was set forth in Decree Law No 26102 "Code of Children and Adolescents" and Supreme Decree No 018-93-JUS which approved the Rules of the Third Book of Title II on Adoption of the Code referred to.

These dispositions establish that the Technical Secretariat for Adoptions* is the Central Authority, both for rule-making and supervision, charged with proposing, carrying out and evaluating the policies to be followed in respect of adoptions.

* As per 1 January 2000: Oficina de Adopciones de la Gerencia de Promoción de la Niñez y la Adolescencia del Ministério de Promoción de la Mujer y Desarrollo Humano - PROMU

EH

Likewise, it is charged with developing programmes for adoption of children and adolescents at the national level. In order to comply with the provisions of Article 13 of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, we wish to indicate the data which serve to identify our office, as follows:

Functions: The functions of the Technical Secretariat for Adoptions, among others, are as follows:

a) Propose and evaluate policies in respect of adoptions.
b) Draw up the rules for the development of comprehensive programmes for adoptions.
c) Instigate and carry out comprehensive programmes for adoptions of children and adolescents directly or through the authorized institutions.
d) Approve and sign agreements on intercountry adoption with foreign governments and with the institutions authorized by them.
e) As is provided in Article 12 of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, the Technical Secretariat for Adoptions is the entity which has the power to authorize and supervise the functioning of the public and private institutions which develop comprehensive programmes for adoption of children and adolescents.
f) Carry out the selection of prospective adoptive parents and issue the technical reports as well as the designation of the child or adolescent in the adoptive stage.
g) Supervise the carrying out of the law, the regulations, the Agreements signed and the rule-making in general in respect of adoptions at the national level.
h) Institute the National Registry for Adoptions of Children and Adolescents in which will appear all such adoptions carried out in Peru.
i) Institute the Central Register of prospective adoptive parents at the national level in which will be entered all such persons who desire to adopt children and/or adolescents in Peru.
j) Carry out post-adoptive assessment of adoptions carried out in this country.

 

Therefore, it should be pointed out that in accordance with the provisions of Article 134 of Decree Law No 26102 there have been instituted definite regional demarcations between the offices of the Technical Secretariat for Adoptions. It should be noted that such offices are authorized to receive requests from persons resident in Peru, but not any requests for adoptions coming from persons who reside abroad, except under express delegation by the Technical Secretariat for Adoptions in Lima, which is the sole entity authorized for this purpose.

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.

(...) 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; (...)

Las adopciones de niños con residencia habitual en España, sólo podrán tener lugar por los residentes en aquellos Estados en los que, las funciones conferidas a las Autoridades Centrales son ejercidas por Autoridades Públicas o por Organismos reconocidos de acuerdo con lo previsto en el párrafo 1o del art. 22 del Convenio.

(Translation)
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.

The Government of the Democratic Socialist Republic of Sri Lanka (...) designates in terms of Article 23 thereof the Commissioner of Probation and Child Care Services of the Department of Probation and Child Care Services as the competent authority of Sri Lanka to make the certification required in terms of the aforesaid Article.

The functions of the aforesaid authority are as follows:

(i) to provide care and protection, ensuring development to the children who are orphaned, abandoned, destitute and abused through State children's homes and registered voluntary homes;
(ii) to provide Detention Homes and Day Care for street children;
(iii) to create public awareness programmes to prevent and reduce child abuse and delinquency;
(iv) to provide Day Care Centres for children of working mothers;
(v) to regulate the adoption of children;
(vi) rehabilitation of adult offenders, young offenders and juvenile delinquents through probation;
(vii) rehabilitation of juvenile delinquents through Certified Schools and preliminary rehabilitation through Remand Homes;
(viii) sponsorship programmes for children; and
(ix) training and research.

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.

(...)

Swedish law prescribes that applications referred to in Article 14 of the Convention shall be made to the social welfare committee in the municipality in which the applicant resides.

The social welfare committee shall

a) prepare reports pursuant to Article 15.1 of the Convention,
b) examine issues regarding agreements pursuant to Article 17(c) of the Convention,
c) take measures pursuant to Article 21 of the Convention.

If an accredited body is engaged to handle the adoption, the accredited body shall

a) in accordance with Article 15.2 of the Convention submit reports referred to in Article 15.1,
b) in accordance with Article 16.2 of the Convention receive reports referred to in Article 16.1,
c) take measures, which according to Articles 18-20 of the Convention are imposed upon the Central Authority.

(...) In accordance with Article 23.2 of the Convention, the Swedish National Board of Intercountry Adoptions (NIA) shall issue the certificates referred to in Article 23.1, when the adoption has taken place in Sweden or when a foreign adoption ruling has been converted here according to Article 27 of the Convention.

(Translation)
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.

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.

Territorial Units in the United Kingdom to which the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in respect of Intercountry Adoption applies (Article 45): England, Wales, Scotland and Northern Ireland.

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.

Note:
Under the adoption laws of England and Wales, Scotland and Northern Ireland accredited bodies and local authorities (in the case of Northern Ireland, Health and Social Services Trusts) perform the functions under article 9(a) to (c) of the Convention; and provide the facilities and carry out the functions in respect of Articles 15(1) and 16(1) to enable Convention adoptions and adoptions effected by Convention adoption orders to be made. In addition local authorities (in the case of Northern Ireland, Health and Social Services Trusts) are responsible for the duties under Article 21.

The Department of Health performs the functions under Article 15(2), Articles 17-20 of the Convention for England.
The Scottish Executive performs the functions under Article 15(2), Articles 17-20 of the Convention for Scotland.
The National Assembly for Wales performs the functions under Article 15(2), Articles 17-20 of the Convention for Wales.
The Department of Health, Social Services and Public Safety performs the functions under Article 15(2), Articles 17-20 of the Convention for Northern Ireland.

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.

"La República de Venezuela declara de conformidad con lo prescrito en el artículo 22 del Convenio Relativo a la Protección del Niño y a la Cooperación en Materia de Adopción Internacional, que sólo permite el cumplimiento por la Autoridad Central de las funciones atribuidas a ella por el Capítulo Cuarto del Convenio, es decir, que no acepta su posible delegación.

Asimismo, a tenor de lo dispuesto en el artículo 25 del Convenio, la República de Venezuela declara que no se considera obligada a reconocer las adopciones que se realicen en virtud de los acuerdos especiales previstos por el párrafo 2 del artículo 39.

(Translation)
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 Central Authority can exercise the functions assigned to it in Chapter IV 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.

Two Contracting States raised an objection to the accession of the Republic of Armenia, namely:

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."

and

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."

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.

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."

 

Germany raised an objection to the accession of the Dominican Republic on 29 June 2007. As a result, the Convention will not enter into force between these two countries.

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.

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."

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."

The Convention will, according to Article 44, third paragraph, have effect only as regards the relations between Kenya and those Contracting States which will not have raised an objection to the accession in the six months after receipt of the depositary's notification. For practical reasons, this six months' period will in this case run from 1 March 2007 to 1 September 2007.

(...)
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.

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.

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.

(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.

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

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.

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.

On 13 August 2003, the Constitutional Court of Guatemala ruled that the accession of Guatemala to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption was unconstitutional. The official statement from the depositary of the Convention with regard to this ruling, which was received by the Permanent Bureau on 3 September 2003, reads as follows:

"The Ministry of Foreign Affairs of the Kingdom of the Netherlands, acting in its capacity of the depositary of the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption, presents its compliments to the Permanent Bureau of the Hague Conference on Private International Law and has the honour to acknowledge receipt of the Secretary General's letter of 21 August 2003 regarding the accession of Guatemala to the Convention, in which was mentioned the decision of the Constitutional Court of Guatemala that Decreto 50-2002, by which the Congress of the Republic gave its approval of the Convention, was inconstitucional in forma total.

 

The depositary declares that the instrument of accession of Guatemala was received on 26 November 2002. The instrument was accepted after it was found to be in due and proper form. The depositary notified the Contracting States and the other States mentioned in Article 48 of the Convention of the accession. In the six months' period which stood for raising an objection to the accession (Article 44(3)) five Contracting States (Canada, Germany, the Kingdom of the Netherlands, Spain and the United Kingdom) did raise such an objection. Therefore, in accordance with Article 46, the Convention entered into force and shall remain valid in the relations between Guatemala and the other Contracting States with effect as of 1 March 2003.

The Ministry of Foreign Affairs avails itself of this opportunity to renew to the Hague Conference on Private International Law the assurances of its highest consideration.

The Hague, 3 September 2003"