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Juridical Committee

Sec. for Legal Affairs


Organization of American States

Department of International Law

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  Inter-American convention on conflict of laws concerning the adoption of minors
  » Summary

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CIDIP: This Convention was adopted at the Third Inter-American Specialized Conference on Private International Law (CIDIP-III), held in La Paz, Bolivia, - May 1984.  

Ratifications: To date, the following countries have ratified this Convention: [click here] 

Objective: This Convention provides guidelines to resolve conflicts of law concerning the adoption of minors. It applies exclusively when the domicile of the adopter (or adopters) is in one State Party and the habitual residence of the adoptee is in another State Party. 

Summary: This Convention applies to the adoption of minors in the various types of adoption, including full adoption, adoptive legitimation and other similar institutions in States party to the Convention.  The law of the habitual residence of the minors governs capacity, consent, and other requirements for adoption as well as those procedures and formalities that are necessary for creating the relationship.  The law of the domicile of the adopter governs his or her capacity to adopt, his or her marital status, consent of a spouse, if required, as well as the other requirements.

This Convention also establishes that the rights of succession of the adoptee or the adopter shall be governed by the rules applicable to the respective successions and that the annulment of an adoption shall be governed by the law of the State under which it was granted. This convention also establishes requirement of publicity and registration, and grants jurisdiction in favor of the State of habitual residence of the adoptee.

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