European Convention on the Adoption of Children
| European Convention on the Adoption of Children | |
|---|---|
| Short title: | ETS No. 058 |
| Date: | April 24, 1967 |
| Come into effect: | April 26, 1968 |
| Reference: | Official text |
| Reference (German): | LR no. 0.212.213.10 in: LILEX |
| Contract type: | Multinational |
| Legal matter: | Children's rights |
| Signing: | 3 |
| Ratification : | 16 Status of ratification
|
| Germany: | February 11, 1981 |
| Liechtenstein: | December 26, 1981 |
| Austria: | August 29, 1980 |
| Switzerland: | April 1, 1973 |
| Please note the note on the applicable contract version . | |
The European Convention on the Adoption of Children is a convention adopted by the Council of Europe on April 24, 1967 with the aim of creating a binding European legal framework for dealing with cases of adoption and harmonizing the relevant national laws of the member states.
Convention on the Adoption of Children
The European Convention on the Adoption of Children contains a number of essential adoption provisions that each contracting party undertakes to include in its legislation, as well as a list of additional optional provisions. Accordingly, an adoption must be pronounced by a court or administrative authority. The decision to put a child up for adoption must be made freely by the parents, and adoption must be in the best interests of the child.
The following also applies after adoption:
- The adoptive person has all rights and obligations towards the child that a father or mother has towards a legitimate child.
- As a rule, it is possible for the child to acquire the family name of the adopter.
- In terms of inheritance law, the adoptive child is equal to a legitimate child of the adoptive person.
- The acquisition of the nationality of the adoptive parents is made easier for the child.
The additional provisions relate, among other things, to possible measures to include the social and legal questions of adoption in the training regulations for social workers. Arrangements can also be made so that a child can be adopted without their family being revealed who has adopted them. It can also be prescribed or permitted that the procedure is closed to the public.
Revised Convention ETS No. 202
The European Convention on the Adoption of Children (CETS No. 058) of April 26, 1968 was revised by the Council of Europe on November 27, 2008, as it considered it to be out of date and contrary to the case law of the European Court of Human Rights. The revised Convention was given the addition revised for differentiation and was given ETS No. 202.
When revising the treaty, it took into account the United Nations Convention on the Rights of the Child , the Hague Convention on the Protection of Children and Cooperation in the Field of International Adoption , the European Convention on the Exercise of Children's Rights (ETS No. 160) and the Case law of the ECHR.
Germany ratified the new agreement on July 1, 2015, but has not terminated the old one - which means that it is still binding for Germany, in contrast to Norway and Sweden, which terminated the old agreement.
See also
- European Custody Convention European Convention on the Recognition and Enforcement of Decisions on Custody of Children and Restoration of Custody.
- Hague Child Protection Convention Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children (KSÜ).
- (DE) Family Law (Germany)
- (DE) Adoption (Germany)
- (DE) Law on the placement of adoption as a child and on the prohibition of placement of surrogate mothers
- (DE) Act implementing the Hague Convention of 29 May 1993 on the Protection of Children and Cooperation in the Field of International Adoption (Adoptionsübereinkommens-Ausführungsgesetz - AdUbAG)
Websites
- ETS No. 058 European Convention on the Adoption of Children
- Signatures and ratifications
- Reservations and Explanations
- ETS No. 202 Revised European Convention on the Adoption of Children
Footnotes
- ↑ Convention on the Rights of the Child (CRC). Published by: Liechtenstein Collection of Laws (LILEX), accessed on April 23, 2019 .
- ↑ Status of treaties - ratification status from the CRC. Published by: UN Treaty collection , accessed on April 23, 2019 (English).
- ↑ Signatures and status of ratification of treaty 202. In: European Convention on the Adoption of Children (revised). Published by: Council of Europe , accessed April 23, 2019 .
- ↑ Signatures and ratification status of Treaty 058. In: European Convention on the Adoption of Children. Published by: Council of Europe , accessed April 23, 2019 .