Publications

 Miscellaneous
TitleNotifications & declarations to be made by States Parties to the 1993 Convention
Year of publication2000
PublisherHCCH
Description
(or download in PDF, if available)

Information which Contracting States must provide directly to the Permanent Bureau

(a) Central Authorities

Article 13 requires Contracting States to communicate to the Permanent Bureau the designation (made under Article 6(1)) of Central Authorities and, where appropriate, the extent of their functions.

(b) Accredited bodies

Article 13 requires Contracting States to communicate to the Permanent Bureau the names and addresses of accredited bodies.

(c) Bodies or persons

Article 22(3) requires a Contracting State which makes the declaration under Article 22(2), permitting certain "bodies or persons" to perform Central Authority functions under Articles 15-21, to keep the Permanent Bureau informed of the names and addresses of these "bodies or persons".

Information which, it is recommended, should be provided by Contracting States directly to the Permanent Bureau

Public authorities

Articles 8 and 9 allow certain functions of the Central Authority to be performed through "public authorities". The Parra-Aranguren Explanatory Report, at paragraph 274, suggests that States Parties should give notice of the names and addresses of these public authorities, and the extent of their functions, even though Article 13 does not expressly require this.

Notification to the depositary

Competent authority under Article 23(1)

Contracting States are required by Article 23(2), at the time of signature, ratification, acceptance, approval or accession, to notify the depositary of the "identity and the functions" of the authority or authorities which are competent to certify that an adoption has been made in accordance with the Convention. It must also notify the depositary of any modification in the designation of such authorities.

Declarations which may be made to the depositary

(a) Article 22(2)

That the functions of the Central Authority under Articles 15-21 may also be performed by certain "persons or bodies".

(b) Article 22(4)

That adoptions of children habitually resident in the declarant’s territory may only take place if the functions of the Central Authority are performed in accordance with paragraph 1 (i.e. not by "bodies or persons" under Article 22(2)).

(c) Article 25

That the Contracting State will not be bound to recognise adoptions made in accordance with an agreement concluded by application of Article 39, paragraph 2.

(d) Article 39(1)

That the Convention does affect an existing international instrument to which States are Parties.

(e) Article 45

That the Convention extends to all or to one or more of the territorial units of the Contracting State (which must be identified).