This Note from The Hague Conference on Private International Law aims to promote the proper interpretation and application of Article 2 of the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption (“1993 Hague Convention” or “Convention”). It does so by seeking to clarify a) the scope of the Convention, and b) the concept of habitual residence, and ultimately promote greater consistency in determinations of habitual residence in Contracting States in the context of this Convention, including by “developing a common understanding of the factors which might be considered when determining habitual residence” for the purposes of this Convention. As recommended by the 2015 Special Commission meeting, it is hoped that this Note will be a key tool in educating the relevant judicial and administrative authorities or bodies in Contracting States in relation to determinations of habitual residence and the scope of the Convention, as well as in raising public awareness as to what qualifies as an intercountry adoption under the Convention.
