DCI – Hague Convention 4

Defence for Children International

The Hague


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.


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.


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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