In order to create guarantees that foreign adoption is carried out in the best interests of the child and subject to its fundamental rights recognized by international law in The Hague, on May 29, 1993, the CONVENTION FOR THE PROTECTION OF CHILDREN AND COOPERATION AGAINST FOREIGN ADOPTION was signed, which entered into force on 01.05. 1995 year.
- The Convention was signed in order to create a system of cooperation between the contracting states to ensure the effectiveness of such guarantees and thereby prevent the abduction, sale of or trafficking of children, as well as to ensure recognition of adoptions in the contracting states committed in accordance with the Convention.
A total of 78 countries have signed and ratified, of which: 52 countries have signed and ratified −77 countries.
- The only country in the CIS that has ratified this Convention is the Republic of Kazakhstan . The law on ratification of the Convention by Kazakhstan was signed by President N. Nazarbayev on March 12, 2010.
- The Russian Federation signed the Convention on September 7, 2000, but has not yet ratified it; therefore, it does not apply to the Russian Federation [1] .
Content
Goals
The preamble to the Convention states:
International adoption must be in the best interest of the child, respecting his or her rights and to prevent abduction, sale or trafficking of children. And each state should, as a matter of priority, take measures to enable the child to remain under the care of his or her family of origin.
The main objectives of the Convention are set out in article 1:
- establish a protective system so that international adoption takes place in the interests of the child with respect for his or her rights recognized in international law;
- establish a system of cooperation between the contracting states to ensure that this protection works, and thus prevent the abduction, sale or trafficking of children;
- maintain acceptance in the contracting States of adoptions made in accordance with the Convention.
History
The convention was organized by the Hague Conference on Private International Law , an outstanding organization in the field of private international law. It was signed on May 29, 1993 and entered into force on May 1, 1995. As of March 2019, 99 States have ratified the Convention. South Korea, Nepal and Russia signed but did not ratify it [2] . Many countries that have not ratified the Convention and do not have the right to adopt their children or children.
Links
Notes
- ↑ Convention on the Protection of Children and Cooperation on Foreign Adoption
- ↑ Martiny Dieter. Hague Conference on Private International Law // Max Planck Encyclopedia of Public International Law. - Oxford University Press, 2009-09. - ISBN 9780199231690 .