c) Ensure that the child concerned by inter-country adoption enjoys safeguards and standards equivalent to those existing in the case of national adoption; d) Take all appropriate measures to ensure that, in inter-country adoption, the placement does not result in improper financial gain for those involved in it; e) Promote, where appropriate, the objectives of the present article by concluding bilateral or multilateral arrangements or agreements, and endeavour, within this framework, to ensure that the placement of the child in another country is carried out by competent authorities or organs. 155. The Convention on Protection of Children and Cooperation in respect of Intercountry Adoption, adhered to by Guatemala on November 26, 2002, aims "to establish safeguards to ensure that intercountry adoptions take place in the best interests of the child and with respect for his or her fundamental rights as recognized by international law.”269. Articles 4 and 5 of said treaty provide for the following: 4. An adoption within the scope of the Convention shall take place only if the competent authorities of the State of origin: a) have established that the child is adoptable; b) have determined, after possibilities for placement of the child within the State of origin have been given due consideration, that an intercountry adoption is in the child's best interests; c) have ensured that i. the persons, institutions and authorities whose consent is necessary for adoption, have been counselled as may be necessary and duly informed of the effects of their consent, in particular whether or not an adoption will result in the termination of the legal relationship between the child and his or her family of origin, ii. such persons, institutions and authorities have given their consent freely, in the required legal form, and expressed or evidenced in writing, iii. the consents have not been induced by payment or compensation of any kind and have not been withdrawn, and iv. the consent of the mother, where required, has been given only after the birth of the child; and d) have ensured, having regard to the age and degree of maturity of the child, that i. he or she has been counselled and duly informed of the effects of the adoption and of his or her consent to the adoption, where such consent is required, ii. consideration has been given to the child's wishes and opinions, iii. the child's consent to the adoption, where such consent is required, has been given freely, in the required legal form, and expressed or evidenced in writing, and iv. such consent has not been induced by payment or compensation of any kind. 5. An adoption within the scope of the Convention shall take place only if the competent authorities of the receiving State: a) have determined that the prospective adoptive parents are eligible and suited to adopt; b) have ensured that the prospective adoptive parents have been counselled as may be necessary; and c) have determined that the child is or will be authorized to enter and reside permanently in that State. 156. As for the United Nations Committee on the Rights of the Child, it has pointed out that states must observe the following provisions in connection with intercountry adoptions: 269 Article 1. 32

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