the international legal framework for adoptions
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The international legal framework for adoptions. Laura Martínez-Mora Principal Legal Officer The Hague Conference on Private International Law. European Parliament - Committee on Legal Affairs Hearing “The law protecting children in Europe and worldwide: - PowerPoint PPT PresentationTRANSCRIPT
The international legal framework
for adoptions
Laura Martínez-Mora Principal Legal Officer
The Hague Conference on Private International Law
European Parliament - Committee on Legal Affairs
Hearing “The law protecting children in Europe and worldwide:provisions facilitating adoptions and resolving abductions”
Thursday, 25 April 2013
The international LEGAL FRAMEWORK
At a Global level:
The UN Convention on the Rights of the Child (UNCRC)
The 1993 Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption
At a European level:
European Convention on the Adoption of Children (revised)
Minimum standards for adoption in each Contracting State
Harmonise substantive law
The OBJECTIVES of the 1993 Hague Convention
To reinforce and augment the principles of the UNCRC
To establish minimum standards for the protection of children who are the subject of intercountry adoption – respecting their best interests
To secure the automatic recognition of adoptions made in accordance with the Convention in all Contracting States
To establish a system of co-operation amongst Contracting States to ensure the protection of those children – competent authorities and bodies
To prevent the abduction, the sale of, or traffic in children, and to eliminate profiteering and other abuses associated with intercountry adoption
CURRENT STATUS OF THE 1993 HAGUE CONVENTION
The geographic spread of the 90 States Parties to the 1993 Hague Convention
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CURRENT STATUS
States sending the most children for intercountry adoption 1995 – 2011 (sources: P. Selman* and 2010 Special Commission)
1995 1998 2004 2010 2011
China KoreaRussia
VietnamColombia
IndiaBrazil
GuatemalaROMANIAPhilippines
ChinaRussia
VietnamKorea
COLOMBIA
IndiaGuatemalaROMANIA
BrazilEthiopia
ChinaRussia
Guatemala Korea
Ukraine
COLOMBIAEthiopia
HaitiINDIA
Kazakhstan
CHINAEthiopiaRussiaHaiti
COLOMBIA
VietnamUkraineKoreaINDIA
KAZAKHSTAN
CHINA (4 405)Ethiopia (3 455)Russia (3 325)
COLOMBIA (1 577)Ukraine (1 070)
Korea (961)Vietnam (704)INDIA (628)
PHILIPPINES (512)BRAZIL (348)
In capital letters, States Parties to the 1993 Hague Convention (from the year of the entry into force).
* P. Selman (2012), Key Tables for Intercountry Adoption: Receiving States 2001-2011 and States of Origin 2003-2011, available upon request from the author ([email protected]). This data is subject to possible future updating.
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States receiving the most children for intercountry adoption 1999 – 2011 (source: P. Selman*, ISS and 2010 Special Commission)
1999 2001 2004 2008 2010 2011
USA (FY)SpainFranceItaly
Canada
Top 5
NetherlandsSwedenNorway
15 7192 0063 5972 1772 019
25 518
9931 019590
19 2373 4283 0941 7971 926
29 892
1 1221 044713
22 8845 5414 0793 4021 955
37 969
1 3071 109706
17 4383 1563 2713 9771 916
29 068
767793304
12 1492 8913 5044 1301 970
23 587
705729343
9 3202 5601 9954 0221 785
19 650
528538304
23 States 32 913 36 391 45 298 34 785 29 095 23 553
* P. Selman (2012), Key Tables for Intercountry Adoption: Receiving States 2001-2011 and States of Origin 2003-2011, available upon request from the author ([email protected]). This data is subject to possible future updating.
CURRENT STATUS
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Some of the CHALLENGES in the implementation of the Convention
States Parties implementing the Convention “properly”
The implementation of the principle of subsidiarity: What is the “last resort”?Acting expeditiously vs. “fast tracking”
Establishing that a child is genuinely “adoptable”
Children in need of adoption are increasingly children with special needs
Establishing an efficient Central Authority
Controlling foreign adoption agencies
Resisting pressure from receiving States
Financial regulation of intercountry adoption
Post-adoption services
The 1993 Hague Convention has:
provided a safe procedure for those children who cannot be placed with a family in the State of origin
led to more awareness of (good) practices concerning (intercountry) adoption
led to increased efforts to combat and prevent abduction, sale and traffic in children
stimulated programmes for in-country adoption and in-country child-care generally
The BENEFITS and PROVEN RESULTS of the Convention
The 1993 Hague Convention has:
empowered States of origin to resist inappropriate pressure by receiving States and
accredited bodies to “supply” children; and deal only with the most professional authorities and bodies
enhanced the shared responsibility of receiving States and States of origin
promoted joint efforts to ensure effective regulation of intercountry adoption and to mobilise political will to curb corruption and malpractice
stimulated community building (Central Authorities, accredited bodies etc.)
The BENEFITS and PROVEN RESULTS of the Convention
GGPs and Brochure
PUBLICATIONS
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Website: www.hcch.netINTERCOUNTRY ADOPTION SECTION
