U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

59–118

" ! SENATE 105TH CONGRESS

2d Session

TREATY DOC.

1998

105–51

CONVENTION ON PROTECTION OF CHILDREN AND COOPERATION IN RESPECT OF INTERCOUNTRY ADOPTION

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

CONVENTION ON PROTECTION OF CHILDREN AND CO-OPERATION

IN RESPECT OF INTERCOUNTRY ADOPTION, ADOPTED AND

OPENED FOR SIGNATURE AT THE CONCLUSION OF THE SEVENTEENTH SESSION OF THE HAGUE CONFERENCE ON PRIVATE

INTERNATIONAL LAW ON MAY 29, 1993

JUNE 11, 1998.—Convention was read the first time and, together with

the accompanying papers, referred to the Committee on Foreign Relations and ordered to be printed for the use of the Senate

(III)

LETTER OF TRANSMITTAL

THE WHITE HOUSE, June 11, 1998.

To the Senate of the United States:

With a view to receiving the advice and consent of the Senate to

ratification, I transmit herewith the Convention on Protection of

Children and Co-operation in Respect of Intercountry Adoption,

adopted and opened for signature at the conclusion of the Seventeenth Session of the Hague Conference on Private International

Law on May 29, 1993. Thirty-two countries, including the United

States, have signed the Convention, 17 countries have ratified it,

and one country has acceded to it. The provisions of the Convention

are fully explained in the report of the Department of State that

accompanies this message.

The Convention sets out norms and procedures to safeguard children involved in intercountry adoptions and to protect the interests

of their birth and adoptive parents. These safeguards are designed

to discourage trafficking in children and to ensure that intercountry adoptions are made in the best interests of the children involved. Cooperation between Contracting States will be facilitated

by the establishment in each Contracting State of a central authority with programmatic and case-specific functions. The Convention

also provides for the recognition of adoptions that fall within its

scope in all other Contracting States.

The Convention leaves the details of its implementation up to

each Contracting State. Implementing legislation prepared by the

Administration will soon be transmitted for introduction in the

Senate and the House of Representatives. Once implementing legislation is enacted, some further time would be required to put the

necessary regulations and institutional mechanisms in place. We

would expect to deposit the U.S. instrument of ratification and

bring the Convention into force for the United States as soon as we

are able to carry out all of the obligations of the Convention.

It is estimated that U.S. citizens annually adopt as many children from abroad as all other countries combined (13,621 children

in Fiscal Year 1997). The Convention is intended to ensure that

intercountry adoptions take place in the best interests of the children and parents involved, and to establish a system of cooperation

among Contracting States to prevent abduction of, and trafficking

in children. We have worked closely with U.S. adoption interests

and the legal community in negotiating the provisions of the Convention and in preparing the necessary implementing legislation.
IV

I recommend that the Senate give its advice and consent to ratification of this Convention, subject to the declaration described in

the accompanying report of the Department of State.

WILLIAM J. CLINTON.
(V)

LETTER OF SUBMITTAL

DEPARTMENT OF STATE, Washington, April 29, 1998.

The PRESIDENT,

The White House.

THE PRESIDENT: I have the honor to submit to you, with the recommendation that it be transmitted to the Senate for its advice

and consent to ratification, the Hague Convention on Protection of

Children and Co-operation in Respect of Intercountry Adoption.

The Convention was adopted and opened for signature at the conclusion of the Seventeenth Session of the Hague Conference on Private International Law on May 29, 1993. It was signed by the

United States at the Royal Netherlands Ministry of Foreign Affairs

on March 31, 1994. As of February 1998 it had been signed by 31

other States and had been ratified by 17 of those States and acceded to by one other State. The Convention entered into force on

May 1, 1995 after the deposit of the third instrument of ratification. U.S. citizens adopt over 13,000 children from abroad every

year, representing about half of all children made available annually for intercountry adoption worldwide. The Department of State

is hopeful that ratification of the Convention by the United States

may encourage additional States to become parties to the Convention.

The Convention endorses the legal institution of intercountry

adoption by recognizing in its preamble that children should grow

up in a family environment, to ensure their full and harmonious

development. After recalling that every State should take priority

measures to enable children to remain in the care of their family

of origin, the signatory States recognize that intercountry adoption

may offer the advantage of a permanent family to a child for whom

a suitable family cannot be found in the child’s State of origin. The

preamble strongly suggests that if a child cannot remain in the

care of its family of origin and cannot readily be provided with a

permanent family in its country of origin, the provision of a permanent family through intercountry adoption can be more beneficial

for the child than foster or institutional care in the child’s country

of origin.

Chapter I of the Convention contains Articles 1–3. Article 1 sets

out the three general objectives of the Convention: (a) to establish

safeguards to ensure that intercountry adoptions are in the best interests of the child and respectful of the child’s fundamental rights

recognized in international law; (b) to establish cooperation among

Contracting States to ensure the safeguards are respected and

thereby prevent abuses such as child abduction and the sale of, or
VI

traffic in, children; and (c) to secure the recognition in Contracting

States of adoptions made in compliance with the requirements of

the Convention.

Article 2 sets out the scope of application of the Convention. It

is to apply when a child habitually resident in a State of origin

that is party to the Convention either has been, or is to be, moved

to a receiving State that is party to the Convention after the child’s

adoption in the State of origin by spouses or a person habitually

resident in the receiving State, or for the purpose of such an adoption in the receiving State. Article 2 makes clear that the Convention covers only adoptions creating a permanent legal parent-child

relationship.

Article 3 limits application of the Convention by providing that

the Convention ceases to apply if the child turns 18 before the

adoption has reached the point at which the Central Authorities of

both the State of origin and the receiving State or those performing

Central Authority functions have agreed that the adoption may

proceed (Article 17c). Adoptions to which the Convention does not

apply or no longer applies may proceed, but will not be subject to

the Convention’s requirements.

The provisions of Chapter II (Articles 4–5) set out the most fundamental determinations that must be made by the competent authorities of the State of origin of a child and the receiving State before an adoption covered by the Convention may take place.

Article 4 requires the determination by the competent authorities

of the State of origin that (a) the child is legally adoptable; (b) an

intercountry adoption is in the child’ best interests once due consideration has been given to the possibility of placement of the child

within the State of origin; (c) the persons and entities whose consent to adoption of the child is necessary have freely given their

consent in the requisite written form in awareness of the consequences and without inducement by payment or compensation

(and with consent of the mother, where required, only after birth

of the child); and (d) depending on the age and maturity of the

child, the child has been counseled about the effects of adoption

and where required, the child’s consent has been obtained in the

appropriate manner. Requiring these determinations will protect

children immigrating to the United States from other Contracting

States and children emigrating from the United States who are

being adopted by persons residing in other Contracting States.

Under Article 5, an adoption covered by the Convention may take

place only if the competent authorities of the receiving State have

determined that the prospective adoptive parents are legally eligible and suited by their circumstances to adopt a child from abroad

and have been appropriately counseled. Those authorities must

also have determined that the child is or will be authorized to

enter and reside permanently in the receiving State.

Chapter III (Articles 6–13) deals with Central Authorities and

accredited bodies. Article 6 provides that every Contracting State

is to designate a Central Authority to discharge the duties imposed

upon it by the Convention. Federal states and States with more

than one system of law, or having autonomous territorial units,

may appoint more than one Central Authority, but are to designate
VII

a national Central Authority to which communications may be addressed for onward transmission.

Article 7 sets out the non-delegable functions of Central Authorities which they must perform to protect children and achieve other

objects of the Convention. Central Authorities are to cooperate with

each other and promote cooperation amongst the competent authorities in their States. They are to take directly all appropriate

measures to provide (1) information on their adoption laws, and (2)

general information such as statistics and standard forms. They

are also to keep each other informed about operation of the Convention and, as far as possible, to eliminate any obstacles to its application.

Article 8 provides that Central Authorities are to take themselves, or through public authorities, all appropriate measures to

prevent improper financial or other gain in connection with intercountry adoptions and are to deter all practices contrary to the objects of the Convention.

Article 9 states that Central Authorities are to take themselves,

or through public authorities or other bodies in their State, all appropriate measures, inter alia, to (a) assemble and exchange information about the situation of the child and the prospective adoptive parents in connection with a particular proposed adoption; (b)

facilitate, monitor and expedite proceedings with a view to completing an adoption; (c) promote the development of adoption counseling and post-adoption services; (d) exchange general evaluation reports about experience with intercountry adoption; and (e) respond,

as permitted by their domestic law, to justified information requests about particular adoption situations from other Central Authorities or public authorities.

Article 10 provides that Convention accreditation is to be granted

to and maintained only by bodies (adoption agencies) that demonstrate their competence to provide adoption-related services. This

Article leaves up to each Contracting State what authorities or entities are to provide accreditation.

Article 11 sets out specific requirements to be met by bodies

(adoption agencies) if they are to qualify for accreditation under the

Convention. These requirements must be read together with the

Article 32 requirements and prohibitions that are applicable to all

adoptions covered by the Convention. Accredited bodies (adoption

agencies) may pursue only ‘‘non-profit objectives,’’ the conditions

and limits to be established by the competent authorities of the accrediting country. Accredited bodies (adoption agencies) are to be

directed and staffed by persons qualified by their ethical standards

and by training or experience to work in the field of intercountry

adoption. Finally, accredited bodies (adoption agencies) are to be

subject to supervision by competent authorities of the country in

which they operate as to their composition, operation, and financial

situation.

Article 12 provides that a body (adoption agency) accredited in

one Contracting State may act in another Contracting State only

if it has been authorized to do so by the competent authorities of

both States.

Article 13 states that each Contracting State is to notify the Permanent Bureau (secretariat) of the Hague Conference of the des-
VIII

ignation of Central Authorities, as well as the names and addresses

of accredited bodies (adoption agencies).

Chapter IV (Articles 14–22) sets out the various procedural steps

involved in individual intercountry adoptions covered by the Convention. Its use of the word ‘‘Central Authority’’ should also be

viewed as encompassing in many countries public authorities and,

in the United States, bodies (adoption agencies) accredited under

Chapter III and meeting the requirements of Article 32, and bodies

(adoption agencies) or persons approved as meeting the requirements of Articles 22(2) and 32.

While the Convention does not explicitly authorize prospective

adoptive parents to undertake direct steps to adopt children from

another Contracting State, it does not bar such activity. Article 29

sets certain requirements for contacts between prospective adoptive

parents and the parents or caregivers of the child they seek to

adopt—contacts that normally could only take place in the country

of origin of the child that is the subject of the possible intercountry

adoption. While the Convention thus permits direct efforts by prospective adoptive parents to adopt a child from another Contracting

State, the Convention’s substantive requirements and many of its

procedures would apply to such an intercountry adoption. Countries of origin may, however, refuse to allow prospective adoptive

parents to arrange intercountry adoptions directly on their own behalf and may require that they obtain the assistance of public authorities or Convention-accredited adoption agencies.

Article 14 provides that persons habitually resident in a Contracting State wishing to adopt a child habitually resident in another such State are to apply to the Central Authority (or a public

authority) in the State of their habitual residence (the receiving

State).

Article 15 sets the requirements for a report and its findings on

the prospective adoptive parents. Under this provision, if the Central Authority (public authority, Convention-accredited agency, or

agency or person approved under Convention Article 22(2)) is satisfied that the applicant prospective adoptive parents are eligible and

suited to adopt, it shall prepare a report (home study) including

specified background information on them, as well as on the characteristics of the children (e.g., special needs children) for whom

they would be qualified to care for as adoptive parents. The Central

Authority of the receiving State is to transmit the report to the

Central Authority (or public authority, accredited agency, or approved agency or person) of the State of origin.

Article 16a sets out the information requirements for the report

concerning the child and its background. The report is to be transmitted to the Central Authority (public authority, accredited adoption agency or approved agency or individual adoption service provider) in the receiving State with proof that the necessary consents

have been obtained in accordance with Article 4 of the Convention,

and the reasons for its determination on placement of the child,

taking care not to reveal the identity of the birth parents of the

child if, in the State of origin, these identities may not be disclosed.

Under Article 16b the Central Authority of the State of origin is

to give ‘‘due consideration’’ to the child’s upbringing and the child’s

ethnic, religious and cultural background and is to determine
IX

whether the envisaged placement is in the best interests of the

child.

Under Article 17 any decision in the State of origin that a child

should be entrusted to the prospective adoptive parents may only

be made if (a) that State’s Central Authority has ensured that the

prospective adoptive parents agree; (b) the Central Authority (public authority, Convention-accredited adoption agency, Conventionapproved adoption agency or individual provider of adoption services) in the receiving State has approved the decision when such

approval is required by the law of that State or by the Central Authority of the State of origin; (c) the Central Authorities of both

States have agreed that the adoption may proceed; and (d) it has

been determined, in accordance with Article 5, that (i) the prospective parents are eligible and suited to adopt, and (ii) the child is

or will be authorized to enter and permanently reside in the receiving State.

Article 18 provides that the Central Authorities of both the State

of origin and the receiving State are to take all necessary steps to

obtain permission for the child to leave the State of origin and

enter and reside permanently in the receiving State.

According to Article 19 the movement of the child to the receiving State may take place only if the requirements of Article 17

have been met. The Central Authorities of both States are to ensure that the transfer takes place in secure and appropriate circumstances, and, if possible but not necessarily, in the company of

the adoptive or prospective adoptive parents. If the child’s transfer

does not ultimately take place the reports referred to in Article 15

(on the prospective adoptive parent(s)) and Article 16 (on the child)

are to be returned to the authorities who transmitted them.

Article 20 calls on the Central Authorities to keep each other informed about the adoption process in individual cases, as well as

the progress of the placement if a probationary period is required

before the final adoption.

Article 21 states that when the adoption is to take place after the

transfer of the child to the receiving State and it appears that the

continued placement of the child with the prospective adoptive parents is not in the child’s best interests, the receiving State Central

Authority (or public authority, accredited adoption agency, or Convention-approved adoption agency or individual adoption service

provider) shall take the measures necessary to protect the child, in

particular (a) to remove the child from the prospective adoptive

parents and arrange for the child’s temporary care; and (b) in consultation with the Central Authority (or adoption service provider)

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 is not to take

place until the Central Authority (or adoption service provider) of

the State of origin has been duly informed concerning the new prospective adoptive parents. Only as a last resort is the child to be

returned to its State of origin if the child’s interests so require. Article 21(2) provides for consultation with, and, where appropriate,

consent of, the child, regarding the measures taken under this Article.
X

Use of the term ‘‘Central Authority’’ throughout Chapter IV (Articles 14–22) should be understood in light of actions taken by Contracting States pursuant to Article 22.

Article 22(1) states that the functions of a Central Authority

under Chapter IV may be performed by public authorities or by

bodies (agencies) accredited under Chapter III, to the extent permitted by the law of the State in question.

Under Article 22(2) any Contracting State may declare to the depositary of the Convention that the functions of the Central Authority under all Articles of Chapter IV except Article 14 and 22,

may be performed in that State by bodies (adoption agencies) or

persons (e.g., attorneys) who (a) meet the requirements of integrity,

professional competence, experience and accountability of that

State, and (b) are qualified by their ethical standards and by training or experience to work in the field of intercountry adoption (the

same requirement as imposed for accredited bodies under Article

11b). Under Article 22(3) a Contracting State making the declaration permitted under Article 22(2) is to keep the Permanent Bureau of the Hague Conference on Private International Law informed of the names and addresses of these Convention-approved

bodies and persons. Article 22(4) states that any Contracting State

may declare that adoptions of its children pursuant to the Convention may only take place if Central Authority functions are performed in accordance with Article 22(1), i.e., by Central authorities,

public authorities or Convention-accredited bodies (adoption agencies), i.e., not by bodies or persons found only to meet the requirements of Article 22(2).

Notwithstanding any declaration made under Article 22(2), the

reports provided for in Articles 15 and 16 are, in every case, to be

prepared under the responsibility of either the respective Central

Authority or other public authority or Convention-accredited adoption agencies as provided for in Article 22(1).

I recommend that the United States ratification be subject to the

following declaration:

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 22a and b,

and 32. In addition, 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 adoptions 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.

Chapter V (Articles 23–27) deals with the recognition and effects

of Hague Convention adoptions.

Article 23 requires the recognition by operation of law in all Contracting States of adoptions certified as made in accordance with

the Convention. The certificate is to specify when and by whom the

agreements under Article 17c that the adoption could proceed were

given. Each Contracting State is, at the time of its signature or ac-
XI

tion resulting in its becoming a party to the Convention, required

to notify the Convention depositary of the identity and functions of

the authorities which are competent to make this certification in

that State and any modifications of their designation.

Article 24 permits a Contracting State to refuse to recognize a

Convention adoption only if the adoption is manifestly contrary to

its public policy, taking into account the best interests of the child.

As the authorities of both the country of origin and the receiving

State have been involved in permitting the adoption to take place

pursuant to the Convention, resort to the public policy exception to

recognition by one of those States, or by a non-involved third Contracting State, would be very rare and invoked only in exceptional

circumstances.

Article 39(2) permits any Contracting States to enter into agreements with one or more other such States with a view to improving

the application of the Convention in their mutual relations. Such

agreements may derogate only from certain provisions of Convention Chapter IV concerned with procedural requirements. This provision was included at the request of the Nordic States. Article 25

permits any Contracting State to declare to the Convention depositary that it will not be bound to recognize adoptions made in accordance with an agreement concluded pursuant to the authority

given by Article 39(2).

Article 26(1) provides that recognition of an adoption includes

recognition of the legal parent-child relationship between the child

and the child’s adoptive parents, parental responsibility of the

adoptive parents for the child, and termination of the pre-existing

legal relationship between the child and the child’s mother and father—provided the adoption has this effect in the Contracting State

where the adoption was made. When the adoption has the effect of

terminating the pre-existing legal parent-child relationship, the

child is to enjoy in the receiving State, and in any other Contracting State where the adoption is recognized, rights equivalent to

those resulting from adoptions having this effect in the Contracting

States concerned. However, the provisions of Article 26 are not to

prejudice the application of any provision more favorable for the

child that may be in force in the Contracting State recognizing the

adoption.

Article 27 sets the requirements for the conversion of what may

be a simple adoption in the country of origin into a full adoption

in the receiving State. When an adoption granted in the State of

origin does not have the effect of terminating the pre-existing legal

parent-child relationship (simple adoption) it may be converted in

the receiving State recognizing the adoption under the Convention

into an adoption having such an effect (full adoption) if the law of

the receiving State so permits and if the consents to the intercountry adoption referenced in Article 4c and d have been given. Article

27 also requires that Article 23, which mandates recognition of an

adoption made in accordance with the Convention, shall apply to

the decision converting the simple adoption to a full adoption.

Chapter VI (Article 28–42) contains what are referred to as general provisions.

Article 28 was stated to be important to some countries that considered it essential for the political acceptability of the Convention.
XII

The Article states that the Convention does not affect any law of

a State of origin that requires that adoption of a child habitually

resident within that State to take place in that State or which prohibits the child’s placement in, or transfer to, the receiving State

prior to the child’s adoption.

Article 29 prohibits contacts between the prospective adoptive

parents on the one hand, and the parents of the child or any other

person who has care of the child on the other hand, until the requirements of Article 4a-c, and Article 5a have been met—unless

the adoption takes place ‘‘within a family’’, or unless the contact is

in compliance with the conditions established by the competent authority of the State of origin. Such contacts are regulated to minimize the possibility of inducements for consent by payment or compensation that are prohibited by Article 4c(3) of the Convention. As

the contacts in question are possible only within the State of origin,

and primarily when the prospective adoptive parents are seeking

to act directly on their own behalf and without the assistance of

Convention-accredited agencies or Convention-approved agencies or

persons, this Article implicitly confirms that, so far as the Convention is concerned, prospective adoptive parents may seek to act directly on their own behalf but subject to the applicable requirements of the Convention and the consent of the States concerned.

Article 30 requires competent authorities of every Contracting

State to ensure that information held by them concerning the

child’s origin, and in particular information concerning the identity

of the child’s parents, as well as the child’s medical history, will be

preserved. Subparagraph 2 requires those competent authorities to

ensure that the child or the child’s representative have access to

such information, with appropriate guidance, insofar as is permitted by the law of the State where the information is preserved.

Article 31 makes clear that personal data gathered or transmitted pursuant to the Convention, especially data referred to in Articles 15 (home study on the prospective adoptive parents) and 16

(the report with background on the child) are to be used only for

the purposes for which the data were gathered or transmitted.

Article 32 sets certain requirements that are to be generally applicable to all adoptions covered by the Convention, including the

operation of Convention-accredited bodies, Convention-approved

bodies and persons referred to in Article 22. No one is to derive improper financial or other gain from an activity related to an intercountry adoption. Only costs and expenses, including reasonable

professional fees of persons involved in the adoption, may be

charged or paid.

Article 33 provides that a competent authority which finds that

any provision of the Convention has not been respected or that

there is a serious risk that it may not be respected is immediately

to inform the Central Authority of its State. That Central Authority is responsible for ensuring that appropriate measures are

taken.

Article 34 states that if the competent authority of the State of

destination of a document so requests, a certified translation must

be furnished. Unless otherwise arranged, the costs of translation

are to be borne by the prospective adoptive parents.
XIII

Article 35 provides that the competent authorities of Contracting

States are to act expeditiously in processing adoptions covered by

the Convention.

For States having two or more systems of law with regard to

adoption applicable in different territorial units, Article 36 states

that (a) any reference to habitual residence in that State is to be

construed as referring to habitual residence in a territorial unit of

that State; (b) any reference to the law of that State is to be construed as referring to the law in force in the relevant territorial

unit of that State; (c) any reference to the competent or public authorities of that State is to be construed as referring to those authorities authorized to act in the relevant territorial unit; and (d)

any reference to accredited bodies of that State shall be construed

as referring to bodies accredited in the relevant territorial unit.

For a State that, with regard to adoption, has two or more systems of law applicable to different categories of persons, Article 37

provides that any reference to the law of that State is to be construed as referring to the legal system specified by the law of that

State.

Article 38 provides that a Contracting State within which different territorial units have their own laws with regard to adoption

shall not be bound to apply the Convention where a state with a

uniform system of law would not be bound to do so. In other words,

the Convention would not govern adoptions within the United

States when the child moves from one U.S. jurisdiction to another.

Article 39 states that the Convention does not affect any international agreement or other instrument to which Contracting

States are Parties and which contains provisions on matters governed by the Convention unless a contrary declaration has been

made by the Contracting States to such agreement or other instrument. Article 39(2) was already mentioned in connection with Article 25.

Article 40 prohibits countries becoming parties to the Convention

from making any reservations.

Article 41 provides that the Convention shall apply in every case

where an application by persons habitually resident in a Contracting State who wish to adopt a child habitual resident in another

such State has been received by the Central Authority in the State

of their habitual residence after the Convention has entered into

force in that State and the State of origin of the child they wish

to adopt.

Article 42 provides that the Secretary General of the Hague Conference on Private International Law is to convene at regular intervals a special commission to review the practical operation of the

Convention.

Chapter VII (Articles 43–48), with its final clauses, sets out the

usual types of provisions concerning signature and ratification of

the Convention, accession to the Convention, when the Convention

shall enter into force, how the Convention may be denounced and

when the denunciation will be effective, and the notification requirements to be met by the depositary—the Ministry of Foreign

Affairs of the Kingdom of the Netherlands.

According to Article 43, the Convention is open for signature and

ratification, acceptance or approval by States which were Member
XIV

1Member States as of the seventeenth Session of the Hague Conference on Private International Law:

Argentina, Australia, Austria, Belgium, Canada, China, Denmark, Egypt, Finland, France,

Federal Republic of Germany, Greece, Ireland, Israel, Italy, Japan, Latvia, Luxembourg, Mexico,

Netherlands, Norway, Poland, Portugal, Slovak Republic, Spain, Suriname, Sweden, Switzerland, Turkey, United Kingdom of Great Britain and Northern Ireland, United States of America,

Uruguay, Venezuela and Yugoslavia.

Non-member States that participated in the eighteenth session:

Brazil, Colombia, Costa Rica, Ecuador, El Salvador, Ethiopia, Honduras, India, Indonesia,

Madagascar, Mauritius, Peru, Philippines, Romania, Senegal, Sri Lanka, Thailand and Viet

Nam.

States of the Hague Conference on Private International Law at

the time of its Seventeenth (1993) Session and by the other States

which participated in that Session.1

Article 44 provides that other States may accede to the Convention after it has entered into force (which occurred on May 1, 1995),

such accessions to have effect only as regards the relations between

the acceding State and those Contracting States which have not objected to that State’s accession in the six months after receipt of

the notification of accession. Such an objection is also possible for

States ratifying, accepting or approving the Convention after an accession.

Article 45 establishes that if a State has two or more territorial

units in which different systems of law are applicable concerning

Convention adoptions, it may declare that the Convention will extend to all of its territorial units, or only to one or more of those

units. Such a declaration may be modified at any time. Article

45(3) further directs that if a State makes no declaration under

this provision, the Convention shall presumptively extend to all

territorial units of that State.

Purusant to Article 46, the Convention entered into force on May

1, 1995, following its ratification by three States. For every State

subsequently ratifying the Convention or acceding to it, the Convention enters into force, in accordance with Article 46(2), on the

first day of the month following the expiration of three months

after the deposit of its instrument of ratification, acceptance, approval or accession.

Article 47 provides that a Contracting State to the Convention

may denounce the Convention in writing, such denunciation taking

effect on the first day of the month following the expiration of

twelve months after the notification is received by the depositary,

unless the denunciation specifies a longer period of time.

Provided that the Senate gives advice and consent to U.S. ratification, the U.S. instrument of ratification would not be deposited

until congressional enactment of necessary implementing legislation and until appropriate steps have been taken pursuant to that

legislation to enable the United States fully to implement the Convention.

I believe that the United States, as the world’s major receiving

country of children made available by other States for intercountry

adoption, should embrace the internationally agreed norms and

procedures that it helped develop for the protection of children involved in intercountry adoptions and for the protection of the interests of their birth and adoptive parents.
XV

I therefore recommend that this Convention be transmitted to

the Senate at an early date for its advice and consent to ratification, subject to the declaration previously described.

Respectfully submitted,

STROBE TALBOT.
(1)
2
3
4
5
6
7
8
9
10
11
12
13
14