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BILATERAL AGREEMENT BETWEEN THE KINGDOM OF SPAIN AND THE REPUBLIC OF BOLIVIA IN THE FIELD OF ADOPTIONS

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Volume 2195, I-38852

[T

RANSLATION — TRADUCTION]

BILATERAL AGREEMENT BETWEEN THE KINGDOM OF SPAIN AND

THE REPUBLIC OF BOLIVIA IN THE FIELD OF ADOPTIONS

The States of the Kingdom of Spain and the Republic of Bolivia,

Recognizing the principles of the Convention on the Rights of the Child, adopted by

the United Nations General Assembly on 20 November 1989, which states that intercountry

adoption may be considered as an alternative means of a child's care, if the child cannot be

placed in an adoptive family or cannot be cared for effectively in the child's country of origin,

Recognizing that the principle of the best interests of the child is the reason for and the

interpretative basis of this Agreement,

That it is important to preserve and respect the right to cultural identity of the child or

adolescent,

That the child or adolescent who is the subject of intercountry adoption should, upon

being declared adoptable, enjoy safeguards equivalent to those existing in the case of national

adoption,

That the placement of a child or adolescent should be carried out by competent authorities

and should not result in any improper financial gain for the persons involved in the process,

That the signatories seek to provide the strongest safeguards for the adoption of children

or adolescents in each other's country,

That this Agreement seeks to establish a system of cooperation between the signatories

that shall, in the adoption process, ensure the prevention or, where applicable, the total

elimination of the abduction of, traffic in or sale of children and adolescents,

Have agreed to sign this bilateral Agreement on international adoption in accordance

with the following provisions:

Article 1

Scope of application

This bilateral Agreement constitutes the framework for the processing of requests under

Bolivian and Spanish law and the conceptualization of the doctrine of the legal institution

of adoption as recognized by law in both countries.

This Agreement shall apply in cases in which a child or adolescent having a habitual

residence in the territory of the Republic of Bolivia or in Spain may be fully adopted by

nationals of either State, in accordance with the constitutional and legal provisions in force

in either country.

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Article 2

Central authorities

1. The competent central authorities responsible for the procedures provided for in this

Agreement shall be:

In Bolivia: The Deputy Minister for Gender, Generational and Family Affairs, or such

institution as shall in the future, in accordance with the law, assume the functions and responsibilities

thereof.

In Spain: Spain being a State containing various central authorities, the Ministry of Labour

and Social Affairs shall, through its Directorate General for Social Action, Minors and

the Family, constitute the central authority to which any communication may be addressed

for transmission to the competent central authority within the State.

2. The central authorities of both States being legally entitled to delegate some of their

functions to accredited bodies duly authorized and registered in both States, such authorities

shall exercise oversight over the accredited bodies referred to in the following article

and shall impose on them, or shall request to have imposed on them by the competent authorities,

penalties for any omission from or violation of the procedures contained in this

Agreement, in the laws for the protection of children or in international conventions.

3. The central authorities and the accredited bodies shall assist and promote cooperation

between the competent authorities of both States in ensuring the protection of adopted

children and adolescents and in attaining the other objectives of the Agreement, particularly

during the period prior to adoption, in accordance with their internal jurisdiction and procedures,

and when monitoring the stage following the order of the court.

They shall inform each other concerning national laws and internal procedures in the

field of adoption and concerning any other issue of a general nature relating to adoption.

They shall maintain constant contact with regard to the operation of the Agreement and

shall take steps to eliminate obstacles that may prevent its implementation.

4. The central authorities shall, directly or through the accredited bodies, take appropriate

measures to:

(a) Retain and exchange information concerning the situation of the child or adolescent

and concerning future adoptive parents only during and after the adoption process, and also

concerning the success of the child's or adolescent's adjustment to the adoptive parents;

(b) Facilitate, monitor and expedite the adoption process;

(c) Prevent any improper gain arising out of the adoption or any practice contrary to

the objectives of the Agreement;

(d) Implement and promote measures to monitor adoptions in their respective States;

(e) Provide each other with assessments of the international adoptions effected in accordance

with this Agreement, transmitting, every six months during the first two years following

a legally declared adoption, follow-up reports duly legalized by the diplomatic

mission and/or the consular establishment.

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5. The competent authorities shall ensure that they retain all information relating to the

origins of the child or adolescent and his or her family, if any is known, which it will be

possible to access, subject to the necessary authorizations, within the limits established by

the laws of the two States.

Article 3

Accredited bodies and adoption procedure with accredited bodies

1. The bodies accredited to carry out the procedures provided for in this Agreement

are:

2. In Bolivia: All those that are duly registered with the Office of the Deputy Minister

for Gender, Generational and Family Affairs and that have signed the framework agreements

referred to in the rules and regulations of the Child and Adolescent Code.

3. In Spain: Any body accredited by the Spanish central authorities and authorized by

the Bolivian competent authorities.

Article 4

Adoption procedure

1. The adoptions covered by this Agreement shall take place where:

(a) The competent authority has established that the parents' authority is terminated,

that the child is an orphan and that no family ties exist.

(b) The competent authority of the State of origin of the child or adolescent has established

that international adoption will be in the best interests of the child or adolescent concerned.

(c) The competent authority of the State that is to receive the child or adolescent guarantees

that the future adoptive parents have been declared suitable for international adoption.

(d) The competent body of the State that is to receive the child or adolescent guarantees

that the child or adolescent will be authorized to enter and reside permanently in that State.

(e) The competent authority of the State of origin has, in accordance with its mandate,

allocated future adoptive parents for the child or adolescent in accordance with, in Bolivia,

the provisions of the Child and Adolescent Code, article 65, and the Code's rules and regulations,

as approved under Supreme Decree No. 26086 of 2 March 2001, and, in Spain,

the legislation in force.

Article 5

Procedures

The Contracting States shall, through this Agreement, establish the following procedures

for the adoption of children or adolescents having a permanent residence in Bolivia

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or Spain by nationals of either country, in accordance with the provisions established, in

Bolivia, by Law 2026, of the Bolivian Child and Adolescent Code and Supreme Decree No.

26086 of 2 March 2001, covering every aspect of full adoption, and, in Spain, the legislation

in force.

1. The central authorities of the two States shall authorize the accredited bodies to act

as intermediaries in the arrangement of international adoptions; the bodies shall, in accordance

with the laws of their respective States, appoint legal representatives to carry out the

procedures for international adoptions.

2. In accordance with Law 1788 of 16 September 1997, Supreme Decree No. 24855,

article 34 (f), and Supreme Decree No. 25055, article 16, the Office of the Deputy Minister

for Gender, Generational and Family Affairs, a constituent part of the Ministry of Sustainable

Development and Planning, shall, in its capacity as the central authority, be the institution

which, in Bolivia, shapes, regulates, oversees and supervises childhood and youth

policies for the purposes of the Agreement.

3. The Spanish competent authorities shall, through the accredited bodies duly authorized

to work with adoptions in Bolivia, transmit to the Children's and Youth Courts requests

for the adoption of Bolivian children or adolescents by citizens resident in Spain, in

accordance with the provisions of the Child and Adolescent Code of Bolivia.

4. The legal authority permitting the adoption of Bolivian children or adolescents shall

reside with the Children's and Youth Courts in the nine departmental judicial districts, in

accordance with the provisions of articles 298 ff. of the Child and Adolescent Code.

5. Adoption proceedings in Bolivia, instituted with the Office of the Deputy Minister

for Gender, Generational and Family Affairs by the legal representative of the accredited

body, shall be of an official nature, giving effect to the relevant procedure, and shall involve

no other intermediary.

6. Applications by Bolivian nationals residing in Bolivia to adopt a child or adolescent

residing in Spain shall be processed by the competent bodies in both countries, which shall

give effect to the relevant procedure of the State of the child or adolescent.

Article 6

Communications

Official communications relating to this Agreement shall be directed to the following

addresses:

In Bolivia: The Office of the Deputy Minister for Gender, Generational and Family Affairs,

or such institution as shall in the future, in accordance with the law, assume the functions

and responsibilities thereof.

In Spain: In view of the distribution of authority in respect of the protection of minors

in Spain, the Directorate General for Social Action, Minors and the Family, a constituent

part of the Ministry of Labour and Social Affairs, shall be the central authority for the purposes

of communication, as stated in article 2, paragraph 1, of this Agreement, and, in respect

of processing adoption applications, the various Spanish central authorities shall act

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in their capacity as the public bodies responsible for the protection of minors in the territory

of their respective autonomous communities.

In accordance with article 3 of this Agreement, the representatives of the accredited

bodies in Bolivia shall decide on a legal address in the territory of Bolivia which shall in

due course be communicated to the central authority of Bolivia.

Final provisions

1. Upon the ratification by Bolivia of the Hague Convention on the Protection of Children

and Cooperation in Respect of Inter-Country Adoption, and by agreement between the

Contracting Parties, the principles and precepts of the Convention shall prevail in the interests

of the implementation of this Agreement.

2. For the purposes of this Agreement, the terms "child or adolescent" and "minor"

shall be considered synonymous.

3. This Agreement shall apply provisionally from the date of signature and shall enter

permanently into force on the first day of the second month following the final notification

by which the Parties shall inform each other, through the diplomatic channel, of completion

of their domestic legal requirements.

4. This Agreement shall remain in force indefinitely, but either signatory State may terminate

it by giving six months' notice, in writing, through the diplomatic channel.

5. Amendments may be made to this Agreement in the future in the event of a change

in the regulations relating to the legal institution of adoption involving changes in the procedures

provided for in this Agreement, such amendments to take account of existing

changes and innovations. The Contracting States shall agree on the form and conditions of

such amendments.

6. Any competent authority finding that any of the provisions of this Agreement have

not been observed or that there is a clear risk that they will not be observed shall immediately

inform the central authority of the State to which it belongs in order that adequate

measures may be taken.

Done at Madrid on 29 October 2001, in two original copies in the Spanish language,

both texts being equally authentic.

For the Kingdom of Spain:

M

IGUEL ANGEL CORTÉS MARTÍN

Secretary of State for International Cooperation and for Ibero-America

For the Republic of Bolivia:

G

USTAVO FERNÁNDEZ SAAVEDRA

Minister for Foreign Affairs and Worship

2001 Oct 29