The European Convention on
the Adoption of Children (Revised) (CETS No. 202) was opened for signature on 27
November 2008 and was signed by Denmark, Finland, Romania, Spain and Ukraine.
The aim is to take account
of social and legal developments while keeping to the European Convention on
Human Rights and bearing in mind that the child’s best interests must always
take precedence over any other considerations.
New provisions introduced by
• The father’s consent is required in all cases, even when the child was
born out of wedlock.
• The child’s consent is necessary if the child has sufficient understanding
to give it.
• It extends to heterosexual unmarried couples who have entered into a
registered partnership in states which recognise that institution. It also
leaves states free to extend adoptions to homosexual couples and same sex-couples
living together in a stable relationship.
• The new convention strikes a better balance between adopted children’s
right to know their identity and the right of the biological parents to
•The minimum age of the adopter must be between 18 and 30, and the age
difference between adopter and child should preferably be at least 16 years.
Convention in a nutshell