Defence for Children International

The Hague Convention

General Provisions

Although these have been placed at the end of the Hague Convention, these provisions contain important safeguards for the rights of the child, some of which have already been mentioned:

the prohibition of contact between the prospective adoptive parents and any person responsible for the child (art. 29);

the control of the costs of adoption (costs, expenses and professional fees), and the prohibition of any material gain (art. 32);

control of the operation of the Convention; information on, prevention of or reaction to irregularities (art. 33);

The information concerning the child's origin will be held for the child for his or her future access (art. 30); this data shall be made available only for the ends stated in Article 30 (art. 31).

The State ratifying the Hague Convention cannot emit any reservation whatsoever (art. 40). States may, under certain conditions, reach bilateral agreements in order to foster the application of the Convention (art. 39 paragraph 2). The Convention will enter into force three months after its ratification by three States (art. 46); it shall only apply to relations between contracting States. Finally, the Hague Conference of Private International Law will periodically convene a special commission which will examine the practical operation of the Convention (art. 42).

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