Protecting children’s rights in intercountry adoption

Abstract

The article explores the protection of children’s rights in intercountry adoption. It defines the concept of intercountry adoption and outlines three categories of international multilateral treaties that establish standards and guarantees for ensuring children’s rights and interests in this regard. Specifically, the author examines the UN Convention on the Rights of the Child (1989), the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (1993), and the European Convention on Intercountry Adoption (Revised) (2008). The article underscores that in intercountry adoption, states must prioritize the interests of the child. It mandates that intercountry adoption should only occur with the involvement of competent authorities and in accordance with the law. Additionally, states must take preventive measures to ensure that intercountry adoption doesn’t result in undue financial gain for the adoptive parents, and states must combat unlawful activities like abduction, sale or trafficking of children. The article highlights the importance of consulting with the child regarding their desire to be adopted, informing them adequately about the consequences, and obtaining their voluntary consent. The child’s wishes and opinions should be taken into consideration, and consent should not be procured through remuneration or compensation. The author examines the practices of national protection of children’s rights in intercountry adoption, focusing on countries such as Australia, Ukraine, Taiwan, and Indonesia. According to this practice, states establish clear criteria at the national level to ensure children’s rights in intercountry adoption. These criteria include requirements such as minimum and maximum age limits for adoptive parents, their mental and physical well-being, demonstrated financial capability to raise a child, a specified period of being married, etc. States also specify the grounds under which a child may be considered for adoption, considering factors such as age, health, preferences, voluntary consent, and other considerations. Also, states assess the needs arising during and after intercountry adoption, offering counseling and support services. These services may encompass assistance in tracing biological relatives, preserving children’s cultural identities, and providing practical support for both adoptees and adoptive parents.