List of declarations made with respect to treaty No. 085

European Convention on the Legal Status of Children born out of Wedlock

Status as of: 1/11/2014

 

    Czech Republic :


Declaration contained in the instrument of ratification, deposited on 7 March 2001 - Or. Engl.

In accordance with Article 1 of the European Convention on the Legal Status of Children born out of Wedlock, done in Strasbourg on 15 October 1975, the Czech Republic states that the Czech Law governing the legal status of children born out of wedlock fully conforms to the provisions of the Convention.
Period covered: 8/6/2001 -      
The preceding statement concerns Article(s) : 1

 

    Denmark :


Declaration contained in the instrument of ratification, deposited on 18 January 1979 - Or. Fr.

In conformity with the provisions of Article 13, paragraph 1, the Convention shall not apply to the Faroe Islands and Greenland.
Period covered: 19/4/1979 -      
The preceding statement concerns Article(s) : 13

 

    Italy :


Reservation made at the time of signature, on 11 February 1981 - Or. Fr.
The provisions of Article 4 of the Convention shall not preclude the application of different domestic Italian rules governing the subject.         
The preceding statement concerns Article(s) : 4


Reservation made at the time of signature, on 11 February 1981 - Or. Fr.

As regards Article 8 of the Convention, the right of access may not be granted to a person who no longer has parental authority over the minor as a result of the adoption of the latter by a third party.      
The preceding statement concerns Article(s) : 8

 

    Liechtenstein :


Declaration contained in the instrument of ratification, deposited on 17 April 1997 - Or. Fr.

The Principality of Liechtenstein declares that Articles 9 and 10 of the Convention shall not be interpreted in such a way as to grant to a child born out of wedlock a right to ascend the throne. This right can only be transmitted to a specific category of heirs.
Period covered: 18/7/1997 -                  
The preceding statement concerns Article(s) : 10, 9

 

    Luxembourg :


Reservation made at the time of signature, on 15 October 1975, confirmed at the time of deposit of the instrument of ratification, on 1 April 1982 - Or. Fr.

In pursuance of Article 14, paragraph 1, the Luxembourg Government reserves the right to apply Article 2 of the Convention in such a way that maternal affiliation follows automatically only from indication of the mother's name on the child's birth certificate, provided however that maternal affiliation may nevertheless be established judicially by means of a maternal affiliation suit if it is proved by due legal process that the child concerned is the one to whom the alleged mother gave birth.

[Note by the Secretariat : This reservation has been renewed by Luxembourg by successive periods of five years. The last renewal takes effect as from 2 July 2012.]
Period covered: 2/7/1982 -         
The preceding statement concerns Article(s) : 2


Reservation made at the time of deposit of the instrument of ratification, on 1 April 1982 - Or. Fr.

The Luxembourg Government reserves the right not to apply Article 3 of the Convention in the case provided for by Article 334-7 of the Civil Code whereby if there exists between the father and the mother of a natural child one of the impediments to marriage provided for by Articles 161 and 162 on grounds of relationship, affiliation being already established with regard to the one, it is prohibited to establish affiliation with regard to the other.

[Note by the Secretariat: This reservation has been renewed by Luxembourg by successive periods of five years. The last renewal takes effect as from 2 July 2012.]
Period covered: 2/7/1982 -         
The preceding statement concerns Article(s) : 3


Reservation made at the time of deposit of the instrument of ratification, on 1 April 1982 - Or. Fr.

The Luxembourg Government reserves the right not to apply Article 4 of the Convention in the case provided for by Article 335(2) of the Civil Code whereby when a child was conceived as the result of an act of violence committed against the mother, affiliation is subject to the mother's consent. In such a case, paternal affiliation recognised without the mother's consent shall be void and shall be annulled upon application by the mother or by the public prosecutor.

[Note by the Secretariat: This reservation has been renewed by Luxembourg by successive periods of five years. The last renewal takes effect as from 2 July 2012.]
Period covered: 2/7/1982 -      
The preceding statement concerns Article(s) : 4

 

    Moldova :


Declaration contained in the instrument of ratification deposited on 14 March 2002 - Or. Engl./Mol.

In accordance with Article 13, paragraphe 1, of the Convention, the Republic of Moldova declares that it will not be bound by the provisions of the Convention with respect to the territory actually controlled by the local authorities of the self-proclaimed Trans-Dniester Republic until the final settlement of the conflict in this region.
Period covered: 15/6/2002 -      
The preceding statement concerns Article(s) : 13

 

    Romania :


Declaration contained in a Note Verbale from the Consulate General of Romania dated 16 September 1993 registered at the Secretariat General on 17 September 1993 - Or. Fr.

I. On 16 September 1992, the date on which, by virtue of Act No. 101, Romania acceded to the European Convention on the Legal Status of Children Born out of Wedlock, domestic Romanian legislation contained no regulations at variance with the provisions of the Convention.

The main legal rules in force date from 1953 and are included in the Family Code. They satisfy a fundamental principle governing the regulations on the legal and social status of children as a whole, explicitly recognised in Article 44 (3) of the Constitution which specifies that "illegitimate children enjoy equality with legitimate children under the law".

II. The provisions of Articles 2, 3, 4, 6 (paragraph 1), 7 and 8 of the Convention are reproduced word for word in the provisions of the Family Code concerning:

- maternal affiliation (Article 47);

- determination of paternal affiliation by voluntary recognition or by judicial decision (Article 56);
- action to contest the voluntary recognition of paternity (Article 58);

- equal treatment of the parents of illegitimate children and the parents of legitimate children as regards the obligation to maintain a child (Article 97);

- the exercise of parental rights in respect of an illegitimate child by the mother or the father (Article 65 corroborated by Article 42 and Article 43, first paragraph);

- the possibility of transferring to the other parent (mother or father) the exercise of parental rights (Article 65 corroborated by Article 44);

- visiting rights and the right to maintain personal links with the child, for a parent (mother or father) who is not entitled to exercise parental rights (Article 65 corroborated by Article 43, third paragraph).

III. With regard to special situations, i.e. those governed by Article 6 paragraph 2 and Article 9 of the Convention, Romanian law contains no express regulations. Nevertheless, the absence of such regulations does not affect the basic harmony between domestic law and the provisions of the Convention referred to above, in respect of the following matters:

- the exercise of the obligation to provide maintenance by certain members of the family of the father or mother of an illegitimate child;

- the right of succession of the said child in the estate of its father and its mother and of a member of its father's or mother's family.

In both these situations, the general provisions of the Family Code (Article 63) are applicable in Romania, viz: "An illegitimate child whose affiliation has been established by recognition of the child or by judicial decision has the same legal status in relation to its parents (mother or father) and the members of its family as a legitimate child".

Under the influence of this standard-setting principle, legal writers and the courts are unanimous in acknowledging that the adoption of the Family Code implicitly amended the earlier provisions of the Civil Code, which specified that: "The children or their descendants shall succeed to the estate of the father, mother, grandfathers, grandmothers or any other ascendant, without distinction based on sex, even if they are the offspring of different unions. They shall have equal shares in the estate when they all stand in the first degree of kinship and are entitled to inherit in their own right" (Article 669).

Consequently, and by virtue of the provisions subsequent to Article 63 of the Family Code, the above-mentioned provisions of the Civil Code are also applied, by extension, to illegitimate children, ensuring that their shares in the estate are equal to those of legitimate children.

IV. With regard to Article 5 of the Convention (concerning the need to authorise scientific evidence in proceedings aimed at establishing paternal affilitation), even though there is no text drafted along these lines, the system of evidence introduced by the Code of Civil Procedure (Article 167 et seq.) authorises the production of scientific evidence capable of establishing or disproving paternity. The forensic evaluation, which also includes an expert analysis recording the existence of the evidence necessary to establish affiliation, on the basis of scientific tests, is governed by Decree No. 446/1966 on the organisation of forensic institutes and services.

V. As regards Article 10 of the Convention concerning the effect of marriage subsequent to the recognition of affiliation by the two parents, it should be pointed out that, in Romanian law in its present form, the theory of the "legitimation of the child" by the subsequent marriage of the parents has not been adopted, for the following reasons:

- In the relationship with the parents and the members of the parents' families, the child in any case enjoys the "same status as the legal status of a legitimate child" (in accordance with Article 63 of the Family Code);

- In society at large, any illegitimate child is considered equal, under the law, to a legitimate child (in accordance with Article 44 (3) of the Constitution);
- A possible change of name, enabling the child to bear the name adopted by his parents as a result of marriage, may be authorised on request, through administrative channels;

- For reasons of harmony with the other statutory provisions which, in the event of nullity of the marriage, confer on the child the status of a legitimate child even after the annulment of the marriage, a marriage subsequent to the recognition of the child by the two parents could not retroactively modify a de facto situation of illegitimacy.
Period covered: 1/3/1993 -                                                                                                      
The preceding statement concerns Article(s) : 10, 2, 3, 4, 5, 6, 7, 8, 9

 

    United Kingdom :


Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 24 February 1981, handed to the Secretary General at the time of deposit of the instrument of ratification, on 24 February 1981 - Or. Engl.

(...)
In accordance with Article 13, paragraph 2, of the Convention, the Government of the United Kingdom hereby declares that the Convention shall extend to the Bailiwick of Guernsey, Herm and Jethou.
(...)

Note by the Secretariat : This declaration has been renewed by successive periods of five years :
- by a letter from the Permanent Representative of the United Kingdom dated 20 May 1986, registered at the Secretariat General on 23 May 1986 - Or. Engl.;
- by a letter from the Permanent Representative of the United Kingdom, dated 24 May 1994, registered at the Secretariat General on 26 May 1994 - Or. Engl.;
- by a letter from the Deputy Permanent Representative of the United Kingdom, dated 25 October 1996, registered at the Secretariat General on 28 October 1996 - Or. Engl.;
- by a letter from the Permanent Representative of the United Kingdom, dated 23 September 2002, registered at the Secretariat General on 27 September 2002 – Or. Engl.
Period covered: 25/5/1981 -         
The preceding statement concerns Article(s) : 13


Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 8 November 1985, registered at the Secretariat General on 12 November 1985 - Or. Engl.

The Convention shall extend to the Isle of Man with effect from 1 January 1986.
(...)
Period covered: 1/1/1986 -      
The preceding statement concerns Article(s) : 13

Source : Treaty Office on http://conventions.coe.int – * Disclaimer