Preamble
The member States of the Council of Europe and the other signatories hereto,
Considering that the aim of the Council of Europe is to achieve a greater unity between
its members for the purpose of safeguarding and realising the ideals and principles
which are their common heritage;
Considering that, although the institution of the adoption of children exists in the
law of all member States of the Council of Europe, differing views as to the principles
which should govern adoption and differences in adoption procedures and in the legal
consequences of adoption remain in these countries;
Taking into account the United Nations Convention on the Rights of the Child, of 20 November 1989, and in particular its Article 21;
Taking into account The Hague Convention of 29 May 1993 on Protection of Children and Co-operation in
respect of Intercountry Adoption;
Noting the content of Recommendation 1443 (2000) of the Parliamentary Assembly of
the Council of Europe on “International adoption: respecting children’s rights”, and
the Council of Europe’s White Paper on principles concerning the establishment and
legal consequences of parentage;
Recognising that some of the provisions of the 1967 European Convention on the Adoption
of Children (ETS No. 58) are outdated and contrary to the case-law of the European
Court of Human Rights;
Recognising that the involvement of children in family proceedings affecting them
has been improved by the European Convention of 25 January 1996 on the Exercise of
Children’s Rights (ETS No. 160) and by the case-law of the European Court of Human
Rights;
Considering that the acceptance of common revised principles and practices with respect
to the adoption of children, taking into account the relevant developments in this
area during the last decades, would help to reduce the difficulties caused by the
differences in national laws and at the same time promote the interests of children
who are adopted;
Being convinced of the need for a revised Council of Europe international instrument
on adoption of children providing an effective complement in particular to the 1993 Hague Convention;
Recognising that the best interests of the child shall be of paramount consideration,