Contracting Parties and Signatories to this Convention that are also Members of the HCCH (i.e., the Organisation) are in bold; Contracting Parties and Signatories that are not Members of the HCCH are in italics.
| Contracting Party | S 1 | R/A/S2 | Type3 | EIF4 | EXT5 | Auth6 | Res/D/N/DC7 |
|---|---|---|---|---|---|---|---|
| Austria | 28-XI-1966 | 12-III-1975 | R | 11-V-1975 | 1 | N | |
| China | C | N | |||||
| France | 29-XI-1961 | 11-IX-1972 | R | 10-XI-1972 | 1 | N | |
| Germany | 22-X-1968 | 19-VII-1971 | R | 17-IX-1971 | 1 | ||
| Italy | 15-XII-1961 | 22-II-1995 | R | 23-IV-1995 | 1 | ||
| Latvia | 24-I-2001 | A* | 25-III-2001 | 1 | |||
| Lithuania | 23-X-2001 | A* | 22-XII-2001 | 1 | D | ||
| Luxembourg | 3-I-1963 | 13-X-1967 | R | 4-II-1969 | 1 | Res 13,15 | |
| Netherlands | 30-XI-1962 | 20-VII-1971 | R | 18-IX-1971 | 4 | 1 | N |
| Poland | 26-V-1993 | A* | 25-VII-1993 | 1 | Res 15 | ||
| Portugal | 29-IX-1967 | 6-XII-1968 | R | 4-II-1969 | 1 | N | |
| Spain | 27-V-1986 | 22-V-1987 | R | 21-VII-1987 | 1 | N | |
| Switzerland | 18-XI-1964 | 9-XII-1966 | R | 4-II-1969 | 1 | N | |
| Türkiye | 25-VIII-1983 | A* | 24-X-1983 | 1 | Res 15 |
Type
China Type Continuation
This Convention applies to the Special Administrative Region of Macao only, as a result of an extension made by Portugal. When Macao was restored to the People's Republic of China on 20 December 1999, China declared that the Convention will continue to apply for Macao.
Date of entry into force of the Convention for Macao: 4 February 1969.
Declarations / notifications:
The Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention, gave notice that the Minister for Foreign Affairs of the Kingdom of the Netherlands received a letter dated 29 September 1999 from the Ambassador of Portugal at The Hague and a letter dated 30 September 1999 from the Ambassador of the People's Republic of China at The Hague. The letter from the Ambassador of Portugal reads as follows:
"Your Excellency,
Upon instructions from my Government and referring to the Convention Concerning the Powers of Authorities and the Law Applicable in Respect of the Protection of Minors concluded at The Hague on 5 October 1961 (hereinafter referred to as the Convention) which currently applies to Macao, I have the honour to inform Your Excellency of the following:
In accordance with the Joint Declaration of the Government of the Portuguese Republic and of the Government of the People's Republic of China on the question of Macao, signed in Beijing on 13 April 1987, the Government of the Portuguese Republic will remain internationally responsible for Macao until 19 December 1999, the People's Republic of China resuming from that date the exercise of sovereignty over Macao, with effect from 20 December 1999.
From 20 December 1999 the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention in Macao.
I should be grateful if the contents of this Note could be placed formally on record and brought to the attention of all other Parties to the Convention. (…)
(signed Gonçalo de Santa Clara, Ambassador of Portugal to the Netherlands)".
The letter from the Ambassador of the People's Republic of China reads as follows:
(Translation)
"Your Excellency,
In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macao (hereinafter referrred to as the Joint Declaration), the Government of the People's Republic of China will resume the exercise of sovereignty over Macao with effect from 20 December 1999. Macao will from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.
It is provided both in Section VIII of Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Macao, which is annex I to the Joint Declaration, and Article 138 of the Basic Law of Macao Special Administrative Region of the People's Republic of China, which was adopted on 31 March 1993 by the National People's Congress of the People's Republic of China, that international agreements to which the Government of the People's Republic of China is not yet a party but which are implemented in Macao, may continue to be implemented in the Macao Special Administrative Region.
In accordance with the provisions mentioned above, I am instructed by the Minister of Foreign Affairs of the People's Republic of China, to inform Your Excellency of the following:
Convention Concerning the Powers of Authorities and the Law Applicable in respect of the Protection of Minors, done at The Hague on 5 October 1961 (hereinafter referred to as the "Convention"), which applies to Macao at present, will continue to apply to the Macao Special Administrative Region with effect from 20 December 1999.
Within the above ambit, the Government of the People's Republic of China will assume the responsibility for the international rights and obligations that place on a party to the Convention.
It would be appreciated if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention. (…)
(signed: Hua Liming, Ambassador of the People's Republic of China to the Kingdom of the Netherlands)".
Res/D/N
Austria Articles Notifications
With the following reservation, which was withdrawn by Austria on 8 June 1990, with effect on 7 August 1990:
(Translation)
The Republic of Austria reserves itself the right, under Article 13, paragraph 3, of the Convention concerning the powers of authorities and the law applicable in respect of the protection of infants, to limit the application of the present Convention to infants who are subjects of one of the Contracting States.
China Articles Notifications
This Convention applies to the Special Administrative Region of Macao only, as a result of an extension made by Portugal. When Macao was restored to the People's Republic of China on 20 December 1999, China declared that the Convention will continue to apply for Macao.
Date of entry into force of the Convention for Macao: 4 February 1969.
Declarations / notifications:
The Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention, gave notice that the Minister for Foreign Affairs of the Kingdom of the Netherlands received a letter dated 29 September 1999 from the Ambassador of Portugal at The Hague and a letter dated 30 September 1999 from the Ambassador of the People's Republic of China at The Hague. The letter from the Ambassador of Portugal reads as follows:
"Your Excellency,
Upon instructions from my Government and referring to the Convention Concerning the Powers of Authorities and the Law Applicable in Respect of the Protection of Minors concluded at The Hague on 5 October 1961 (hereinafter referred to as the Convention) which currently applies to Macao, I have the honour to inform Your Excellency of the following:
In accordance with the Joint Declaration of the Government of the Portuguese Republic and of the Government of the People's Republic of China on the question of Macao, signed in Beijing on 13 April 1987, the Government of the Portuguese Republic will remain internationally responsible for Macao until 19 December 1999, the People's Republic of China resuming from that date the exercise of sovereignty over Macao, with effect from 20 December 1999.
From 20 December 1999 the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention in Macao.
I should be grateful if the contents of this Note could be placed formally on record and brought to the attention of all other Parties to the Convention. (…)
(signed Gonçalo de Santa Clara, Ambassador of Portugal to the Netherlands)".
The letter from the Ambassador of the People's Republic of China reads as follows:
(Translation)
"Your Excellency,
In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macao (hereinafter referrred to as the Joint Declaration), the Government of the People's Republic of China will resume the exercise of sovereignty over Macao with effect from 20 December 1999. Macao will from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.
It is provided both in Section VIII of Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Macao, which is annex I to the Joint Declaration, and Article 138 of the Basic Law of Macao Special Administrative Region of the People's Republic of China, which was adopted on 31 March 1993 by the National People's Congress of the People's Republic of China, that international agreements to which the Government of the People's Republic of China is not yet a party but which are implemented in Macao, may continue to be implemented in the Macao Special Administrative Region.
In accordance with the provisions mentioned above, I am instructed by the Minister of Foreign Affairs of the People's Republic of China, to inform Your Excellency of the following:
Convention Concerning the Powers of Authorities and the Law Applicable in respect of the Protection of Minors, done at The Hague on 5 October 1961 (hereinafter referred to as the "Convention"), which applies to Macao at present, will continue to apply to the Macao Special Administrative Region with effect from 20 December 1999.
Within the above ambit, the Government of the People's Republic of China will assume the responsibility for the international rights and obligations that place on a party to the Convention.
It would be appreciated if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention. (…)
(signed: Hua Liming, Ambassador of the People's Republic of China to the Kingdom of the Netherlands)".
France Articles Notifications
With the reservation provided for in Article 15.
This reservation was withdrawn by France on 28 February 1984, with effect on 28 April 1984.
Lithuania Articles Declarations
"... the Republic of Lithuania reserves the right for its authorities empowered to decide on a petition for annulment, dissolution or modification of the marital relationship of the parents of an infant, to take measures for the protection of his person or property."
Luxembourg Articles Reservations
"1) Conformément à l'article 13, alinéa 3, l'Etat luxembourgeois se réserve de limiter l'application de la présente Convention aux mineurs qui sont ressortissants d'un des Etats contractants.
2) Conformément à l'article 15, alinéa premier, l'Etat luxembourgeois réserve la compétence de ses autorités appelées à statuer sur une demande en annulation, dissolution ou relâchement du lien conjugal entre les parents d'un mineur, pour prendre des mesures de protection de sa personne ou de ses biens."
Netherlands Articles Notifications
Reservation
- that the application of the Convention be limited to infants who are nationals of a Contracting State;
- that the authorities of the Kingdom of the Netherlands remain competent to take measures for the protection of the person or property of an infant, in the event that these authorities are empowered to decide on a petition for annulment, dissolution or modification of the marital relationship of the parents of the infant in question.
These reservations were withdrawn on 29 January 1982, with effect on 30 March 1982.
18-10-2010
The Kingdom of the Netherlands consisted of three parts: the Netherlands, the Netherlands Antilles and Aruba. The Netherlands Antilles consisted of the islands of Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba.
With effect from 10 October 2010, the Netherlands Antilles ceased to exist as a part of the Kingdom of the Netherlands. Since that date, the Kingdom consists of our parts: the Netherlands, Aruba, Curaçao and Sint Maarten. Curaçao and Sint Maarten enjoy internal self-government within the Kingdom, as Aruba and, up to 10 October 2010, the Netherlands Antilles do.
These changes constitute a modification of the internal constitutional relations within the Kingdom of the Netherlands. The Kingdom of the Netherlands will accordingly remain the subject of international law with which agreements are concluded. The modification of the structure of the Kingdom will therefore not affect the validity of the international agreements ratified by the Kingdom for the Netherlands Antilles. These agreements, including any reservations made, will continue to apply to Curaçao and Sint Maarten. The other islands that have formed part of the Netherlands Antilles - Bonaire, Sint Eustatius and Saba - became part of the Netherlands, thus constituting "the Caribbean part of the Netherlands". The agreements that applied to the Netherlands Antilles will also continue to apply to these islands; however, the Government of the Netherlands will now be responsible for implementing these agreements.
Poland Articles Reservations
(Translation)
Pursuant to Article 15 of the Convention Concerning the Powers of Authorities and the Law Applicable in Respect of the Protection of Minors, the Republic of Poland reserves the jurisdiction of its authorities empowered to decide on a petition for annulment, dissolution or modification of the marital relationship of the parents of a minor, to take measures for the protection of his person or property.
Portugal Articles Notifications
Portugal declared on 31 January 1969 to extend the application of the Convention to the whole of the territories of the Portuguese Republic. (See also under CHINA, Macao Special Administrative Region.)
Spain Articles Notifications
With the following reservations, which were withdrawn by a Note of 1 June 1995, received on 20 June 1995 and which ceased to have effect on 19 August 1995:
"El Estado español limita la aplicación del siguiente Convenio a los menores que tengan la nacionalidad de un Estado contratante."
"El Estado español reserva la competencia de sus Autoridades llamadas a dirimir demandas de anulación, disolución o atenuación del vínculo conyugal entre el padre y la madre de un menor, con el fin de adoptar medidas de protección de su persona o de sus bienes."
(Translation)
The Spanish State limits the application of the following Convention to minors having the nationality of a Contracting State.
The Spanish State reserves the jurisdiction of its authorities empowered to decide on a petition for annulment, dissolution or modification of the marital relationship of the father and the mother of a minor, to take measures for the protection of his person or property.
Switzerland Articles Notifications
The Swiss instrument of ratification contains a declaration that "la Suisse fait usage de la réserve prévue à l'article 15 de la Convention et considérera le juge appelé à statuer sur la nullité du mariage, le divorce ou la séparation de corps comme compétent pour prendre, dans les limites des articles 133, 2e alinéa, 156 et 157 du Code civil suisse, des mesures de protection de la personne ou des biens d'un mineur."
This reservation was withdrawn by Switzerland on 29 March 1993, with effect on 28 May 1993.
Türkiye Articles Reservations
(Translation)
The Republic of Turkey reserves, in accordance with Article 15 of the Convention, the jurisdiction of the judge empowered to decide on a petition for annulment, dissolution or modification of the marital relationship of the parents of an infant, to take measures for the protection of his person or property.