Resolução da Assembleia da República n.º 8/2003 — Aprova, para ratificação, a Convenção Relativa à Protecção das Crianças e à Cooperação em Matéria de Adopção…

2 - In the case of an adoption having the effect of terminating a pre-existing legal parent-child relationship, the child shall 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 each such State.

3 - The preceding paragraphs shall not prejudice the application of any provision more favourable for the child, in force in the Contracting State which recognizes the adoption.

Article 27

1 - Where an adoption granted in the State of origin does not have the effect of terminating a pre-existing legal parent-child relationship, it may, in the receiving State which recognizes the adoption under the Convention, be converted into an adoption having such an effect:

2 - Article 23 applies to the decision converting the adoption.

CHAPTER VI

General provisions

Article 28

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

Article 29

There shall be no contact between the prospective adoptive parents and the child's parents or any other person who has care of the child until the requirements of article 4, sub-paragraphs a) to c), and article 5, sub-paragraph a), 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.

Article 30

1 - The competent authorities of a Contracting State shall ensure that information held by them concerning the child's origin, in particular information concerning the identity of his or her parents, as well as the medical history, is preserved.

2 - They shall ensure that the child or his or her representative has access to such information, under appropriate guidance, in so far as is permitted by the law of that State.

Article 31

Without prejudice to article 30, personal data gathered or transmitted under the Convention, especially data referred to in articles 15 and 16, shall be used only for the purposes for which they were gathered or transmitted.

Article 32

1 - No one shall derive improper financial or other gain from an activity related to an intercountry adoption.

2 - Only costs and expenses, including reasonable professional fees of persons involved in the adoption, may be charged or paid.

3 - The directors, administrators and employees of bodies involved in an adoption shall not receive remuneration which is unreasonably high in relation to services rendered.

Article 33

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, shall immediately inform the Central Authority of its State. This Central Authority shall be responsible for ensuring that appropriate measures are taken.

Article 34

If the competent authority of the State of destination of a document so requests, a translation certified as being in conformity with the original must be furnished. Unless otherwise provided, the costs of such translation are to be borne by the prospective adoptive parents.

Article 35

The competent authorities of the Contracting States shall act expeditiously in the process of adoption.

Article 36

In relation to a State which has two or more systems of law with regard to adoption applicable in different territorial units:

Article 37

In relation to a State which with regard to adoption has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State.

Article 38

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

Article 39

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

2 - Any Contracting State may enter into agreements with one or more other Contracting States, with a view to improving the application of the Convention in their mutual relations. These agreements may derogate only from the provisions of articles 14 to 16 and 18 to 21. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.

Article 40

No reservation to the Convention shall be permitted.

Article 41

The Convention shall apply in every case where an application pursuant to article 14 has been received after the Convention has entered into force in the receiving State and the State of origin.

Article 42

The Secretary General of the Hague Conference on Private International Law shall at regular intervals convene a Special Commission in order to review the practical operation of the Convention.

CHAPTER VII

Final clauses

Article 43

1 - The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Seventeenth Session and by the other States which participated in that Session.

2 - It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.

Article 44

1 - Any other State may accede to the Convention after it has entered into force in accordance with article 46, paragraph 1.

2 - The instrument of accession shall be deposited with the depositary.

3 - Such accession shall have effect only as regards the relations between the acceding State 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 sub-paragraph b) of article 48.

Such an objection may also be raised, by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.

Article 45

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

2 - Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.

3 - If a State makes no declaration under this article, the Convention is to extend to all territorial units of that State.

Article 46

1 - The Convention shall enter into force on the first day of the month following the expiration of three months after the deposit of the third instrument of ratification, acceptance or approval referred to in article 43.

2 - Thereafter the Convention shall enter into force:

Article 47

1 - A State Party to the Convention may denounce it by a notification in writing addressed to the depositary.

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

Article 48

The depositary shall notify the States Members of the Hague Conference on Private International Law, the other States which participated in the Seventeenth Session and the States which have acceded in accordance with article 44 of the following:

In witness whereof the undersigned, being duly authorized thereto, have signed this Convention.

Done at The Hague, on the 29th day of May 1993, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Seventeenth Session and to each of the other States which participated in that Session.

For the Republic of Albania:

For the Federal Republic of Germany:

E. Von Puttkamer.

For the United States of America:

K. Terry Dornbush.

For the Argentine Republic:

For Australia:

E. F. Delofski (subject to ratification).

For the Republic of Austria:

Alexander Christiani.

For the Republic of Belarus:

V. Labunov.

For the Kingdom of Belgium:

Johan Swinnen, Ambassadeur de Belgique.

Cette signature engage également la Communauté française et la Communauté germanophone.

Jos Aelvoet, Attaché de la Communauté flamande.

For the Republic of Benin:

For the Republic of Bolivia:

For the Federative Republic of Brazil:

Affonso Arinos de Mello-Franco.

For the Republic of Bulgaria:

For Burkina Faso:

Salifou Rigobert Kongo.

For Canada:

Michael R. Bel.

For the Republic of Chile:

Luis G. Pascal.

For the People's Republic of China:

For the Republic of Cyprus:

N. Agath Ocleous.

For the Republic of Colombia:

A. Villamizar.

For the Republic of Korea:

For the Republic of Costa Rica:

Alfonsina C. de Chavarría.

For the Kingdom of Denmark:

Jakob Rytter.

For the Arab Republic of Egypt:

For the Republic of El Salvador:

Joaquin Rodezno.

For the Republic of Ecuador:

Abelardo Posso Serrano.

For the Kingdom of Spain:

R. Pastor Ridruejo.

For the Republic of Finland:

Ritva Koukko-Ronde.

For the French Republic:

D. Bernard.

For the United Kingdom of Great Britain and Northern Ireland:

R. P. Flower.

For the Republic of Haiti:

For the Hellenic Republic:

For the Republic of Honduras:

For the Republic of Hungary:

For the Republic of India:

For the Republic of Indonesia:

For Ireland:

John Swift.

For the State of Israel:

M. Bavly.

For the Italian Republic:

R. Tallarigo.

For Japan:

For the Republic of Kenya:

For the Republic of Latvia:

For the Lebanese Republic:

For the Grand Duchy of Luxemburg:

H. Wurth.

For the Republic of Madagascar:

For the Republic of Mauritius:

For the United Mexican States:

J. L. Siqueiros.

For the Kingdom of Nepal:

For the Kingdom of Norway:

A. L. Langeland.

For the Republic of Panama:

Elena Barletta de Nottebohm.

For the Kingdom of the Netherlands:

P. H. Kooijmans.

For the Republic of Peru:

J. Colunge Villacorta.

For the Republic of the Philippines:

R. S. Sanchez.

For the Republic of Poland:

S. Komorowski.

For the Portuguese Republic:

Gonçalo Aires de Santa Clara Gomes.

For Romania:

Ion M. Anghel.

For the Russian Federation:

A. G. Khodakov.

For the Holy See:

For the Republic of Senegal:

For the Slovak Republic:

(ver assinatura no documento original).

For the Republic of Slovenia:

For the Democratic Socialist Republic of Sri Lanka:

P. G. Karunasiri.

For the Kingdom of Sweden:

S. Blomstrand.

For the Swiss Confederation:

A. Rüegg.

For the Republic of Suriname:

For the Czech Republic:

H. Bambasová.

For the Kingdom of Thailand:

For the Republic of Turkey:

For the Eastern Republic of Uruguay:

Juan Andres Pacheco.

For the Republic of Venezuela:

C. E. Nones.

For the Socialist Republic of Viet Nam: