Signatories
and Ratifications
B-54: INTER-AMERICAN CONVENTION ON SUPPORT OBLIGATIONS
ADOPTED AT: MONTEVIDEO, URUGUAY
CONF/ASSEM/MEETING: FOURTH INTER-AMERICAN SPECIALIZED CONFERENCE ON
PRIVATE INTERNATIONAL LAW
ENTRY INTO FORCE: 03/06/96 ON THE THIRTIETH DAY FOLLOWING THE DATE OF DEPOSIT
OF THE SECOND INSTRUMENT OF RATIFICATION
DEPOSITORY: OAS GENERAL SECRETARIAT (ORIGINAL INSTRUMENT AND RATIFICATIONS)
TEXT: OAS, TREATY SERIES, NO. 71
UN REGISTRATION: / / No. Vol.
OBSERVATIONS: For each State ratifying or acceding to the Convention after the deposit
of the second instrument of ratification, the Convention shall enter into force on the thirtieth day
after deposit by such State of its instrument of ratification or accession.
GENERAL INFORMATION OF THE TREATY: B-54
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SIGNATORY COUNTRIES SIGNATURE REF RA/AC/AD REF DEPOSIT INST INFORMA REF
===============================================================================
Argentina............ / / 07/18/02 4 09/05/02 AD / / R
Belize .............. / / 06/11/97 07/16/97 RA / /
Bolivia ............. 07/15/89 08/12/98 10/08/98 RA / / 8
Brazil .............. 01/15/93 06/16/97 07/11/97 RA / / 6
Colombia ............ 07/15/89 05/20/10 07/28/10 RA / / 7
Costa Rica .......... 07/01/93 01/19/01 04/26/01 RA / /
Ecuador ............. 07/15/89 10/05/00 01/10/01 RA / / 5
Guatemala ........... 07/15/89 D 1 09/13/95 02/05/96 RA / /
Haiti ............... 07/15/89 / / / / / /
Mexico .............. 04/06/92 07/29/94 2 10/05/94 RA / /
Panama .............. 05/28/98 07/21/98 3 03/18/99 RA 03/18/99
Paraguay ............ 07/15/89 08/31/96 05/20/97 RA / /
Peru ................ 07/15/89 10/27/05 12/21/05 AD / /
Ukraine ........... / / 06/15/21 10/29/21 AD / / 9
Uruguay ............. 07/15/89 06/05/01 08/31/01 RA / /
Venezuela ........... 07/15/89 / / / / / /
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REF = REFERENCE INST = TYPE OF INSTRUMENT
D = DECLARATION RA = RATIFICATION
R = RESERVATION AC = ACCEPTANCE
INFORMA = INFORMATION REQUIRED BY THE TREATY AD = ACCESSION
*DECLARATIONS/RESERVATIONS/DENUNCIATIONS/WITHDRAWALS
B-54. INTER-AMERICAN CONVENTION ON SUPPORT OBLIGATIONS
1. Guatemala:
(Interpretative declaration made at the time of signature)
The Delegation of Guatemala wishes to place on
record its interpretation of the provisions of Article 11 of the
Inter-American
Convention on Support Obligations.
In accordance with the civil procedural law in
effect in Guatemala, which has the character of public policy law and is
applicable to the Convention, what is required, inter alia, for recognition
of the extraterritorial validity of a foreign judgment is that said judgment
not be rendered in default of the defendant and that equal validity be
recognized for national judgments in the
country where it was rendered.
Consequently, in order to avoid inserting in the
text of the Convention requirements that are not applicable to other
countries
or detracting from one of the principal purposes of this instrument,
namely, international cooperation, Guatemala interprets Article 11 e. and 11
f. in terms of its existing procedural law, that is, that the judgment may
not be rendered in default of the defendant.
Moreover, it is Guatemala's interpretation that the
requirement for reciprocal extraterritorial validity is satisfied when the
foreign
State execution of whose judgment is sought in Guatemala has, like
the State of Guatemala, ratified the Convention.
2. Mexico :
(Interpretative
Declaration upon ratification of the
Convention)
"The Government of Mexico declares, in accordance
with Article 3 of the Convention, that it recognizes as support creditors,
in addition to those indicated, concubines, collateral kinsmen, such as
minors or incompetent persons up to the fourth degree and the
adopted in relation to the adopter.
The obligation to give support is reciprocal. The
person
giving such support in turn has the rigth to request it".
On August 5 , 2021, Mexico
informed the depository on the designation of the
Secretaría de Relaciones Exteriores
as the central authority for the Inter-American Convention
on Support Obligations.
3.- PANAMA-
DECLARATIONS OF THE REPUBLIC OF PANAMA PURSUANT
TO
ARTICLES 3 AND 18 OF THE INTER-AMERICAN CONVENTION
ON SUPPORT OBLIGATIONS, DONE AT MONTEVIDEO,
THE EASTERN REPUBLIC OF URUGUAY, JULY 15, 1989
1. The Republic of Panama, pursuant to Article 3 of the abovementioned Convention, and in conformity with its domestic law, declares that support
is a financial obligation that shall be commensurate with the
financial resources of the support debtor and the needs of the support creditor.
It includes the provision of:
Food, medical care, and medicine;
Clothing and housing;
The funds required to obtain primary or higher instruction or training
in an art or trade, even after the child's majority has been attained,
to a maximum of twenty-five (25) years of age, provided that studies are
being pursued efficiently in terms of time and that academic performance
is satisfactory, unless the individual has a profound disability,
in which case for as long as he or she requires it;
In the case of minors, everything required for their comprehensive
development from time of conception.
The following are also obliged to provide mutual support:
Spouses;
The ascendants and descendants. Siblings shall only be required
to provide one another with the assistance required to sustain life,
when required for any reason not imputable to the support debtor,
and shall be extended, where in order, to support for educational purposes.
Support shall be required, where in order and where there are two (2) or more
parties obliged to provide it, in the following order, from:
The spouse;
The descendants of the closest degree of consanguinity;
The ascendants, also of the closest degree of consanguinity;
The siblings, but half-brothers and sisters shall only be obliged to
make support in the final order of precedence;
The ascendants and descendants shall be preferred for purposes of support in
the order of intestate or legal succession from the support creditor.
If the preferred party does not have the financial resources to meet
the financial obligation wholly or in part,
such obligation shall be imposed totally or in part upon
the next party in the abovementioned order of preference.
The judge may, as part of a divorce decree, make a support order
in favor of the innocent spouse against the culpable spouse.
The amount of support shall be determined so that the spouse may conserve
the social status he or she enjoyed during the marriage and the
support order shall be reversed when it is no longer required,
or when the beneficiary remarries. A person who is not yet born (nasciturus)
shall have the right to prenatal support.
2. In addition, the Republic of
Panama, pursuant to Article 18 of the
Convention, declares that the procedural law of Panama shall govern jurisdiction of the
courts and the proceedings for recognition of a foreign support order.
Panama, January 13, 1999
4.- Argentina -
Designation of Central Authority
5th September 2002
Ministerio de Relaciones Exteriores, Comercio Internacional y Culto
- Dirección General de Asuntos Jurídicos
On May 23, 2008, Argentina informed the depository on the designation of the
Ministry of Foreign Affairs, International Commerce and Worship / Directorate-General for Legal Affairs
as the central authority.
5.- Ecuador:
Designation of Central Authority (January 13, 2005)
On January 13, 2005, the Government of Ecuador appointed the following
central authority in regards of the Inter-American Convention on Support
Obligations:
Dr. Iván Gomezjurado Cevallos
Presidente
Consejo Nacional de la Niñez y la Adolescencia
Edificio Tarqui, Santa María y Amazonas
Quito, Ecuador
Phone: (593) 9 872 0029
On
July 13, 2012, Ecuador informed on the designation of the "abogado
Jorge Luis Cáceres - Consejo Nacional
de la Niñez y Adolescencia (CNNA)" as the Central Authority for the purpose of the
Inter-American Convention on Support Obligations, the
Inter-American Convention on International Traffic in Minors
and the Inter-American Convention on the Return of Children.
6.- Brazil:
Designation of Central Authority (January 26, 2007)
On January 26, 2007, Brazil appointed the Ministério da Justiça
as the central authority for the Inter-American Convention on Support Obligations:
Esplanada dos Ministérios,
bl. T, 4 andar, sl. 424,
70000-900, Brasilia, DF,
+ 55 (61) 3429-8900
On
August 19, 2016, Brazil informed the depository on the designation
of the
Department of Assets Recovery and International Legal Cooperation (DRCI)
as the central authority for Inter-American Convention on Support
Obligations.
7. - Colombia:
(Declaration upon ratification of the
Convention)
“a. The Republic of Colombia states, in relation to Article 1 of the Convention,
that in accordance with Article 344 of the Political Constitution,
children’s rights take precedence over the rights of others:
b. The Republic of Colombia, taking into account the preceding statement
concerning Article 3 of the Convention, states that in accordance with
its legal system and subject to the rules prescribed therein,
in addition to the creditors referred to in Article 1.2
of the aforementioned Convention, which shall be applicable for:
o Descendants
o Ancestors
o Adopted children
o Adoptive parents
o Siblings
o An individual who made a substantial donation if it has not been rescinded or revoked
o A constant partner in a common-law marital union.
8. - Bolivia:
On October 21, 2011, Bolivia informed on the designation of the "Ministerio de Justicia"
as the Central Authority for the purpose of the Inter-American Convention on Support Obligations.
On November 19, 2021, the Plurinational State of Bolivia to the OAS informed
the depository on the designation of the central authority with contact information
regarding the following inter-American instruments deposited with the General Secretariat of the OAS:
• Inter-American Convention on support obligations.
9. - Ukraine:
On October 29, 2021, Ukraine
deposited the
instrument of accession of the Inter-American Convention
on Support Obligations.
(Declaration and reservation upon ratification of the
Convention)
Ukraine accedes to the Convention with the following declarations to
Articles 3 and 18 and a reservation to Article 15:
1.To Article 3:
"Ukraine declares that it shall extend the application of the Convention on
collection of support:
- from parents to disabled adult daughter, son;
- from parents to adult daughter, son who continue studying below the age of
23 years;
- from adult dr1ughter, son to disabled parents;
- from grandmother, grandfather to minor grandchildren before their majority
has been attained;
- from adult grandchildren, great-grandchildren to disabled grandmother,
grandfather, great-grandmother, great- grandfather;
- from adult brothers, sisters to minor brothers, sisters before their
majority has been attained and to disabled adult brothers, sisters;
- from stepmother, stepfather to minor stepdaughter, stepson before their
majority has been attained;
- from adult stepdaughter, stepson to disabled stepmother, stepfather";
2. To Article 15:
"In Ukraine, the issue of the carrying out of measures under Article 15 of
this Convention shall be decided on the basis of a well-founded request of a
party of a case".
3. To Article 18:
"Ukraine declares that the procedural law of Ukraine shall govern
jurisdiction of the courts ,md the proceedings for recognition of a foreign
support order''.
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