Added: 05/25/2007 |
Private International Law Guides Intercountry AdoptionsRecent intercountry adoptions by high profile entertainers like Angelina Jolie and Madonna have brought the issue of international adoptions back into the news. A decade ago it was the adoption of HIV positive children from Romania that attracted similar attention in the international press. While there is no universal international law governing these adoptions, The Hague Conference on Private International Law does provide guidelines for states to follow in writing their own rules concerning these adoptions.
There are four general principals set forth in the most recent Convention:
1.Ensuring adoptions take place in the best interests of the child and with respect for his or her fundamental rights, and
2.Establishing safeguards to prevent abduction, sale and trafficking in children for adoption, and
3.Establishing co-operation between States, and
4.Authorization of competent authorities.
Member states of the Conference on Private International Law that sign the Convention agree that the best interests of the child are generally met when the child grows up in his natural or extended family. When that is not possible, or safe, the next best thing is for the child to grow up within the society in which they were born. In addition, the situation where the child grows up should provide for some permanence in setting with adequate care and support. In cases where none of these is possible in the home country, it may be in the best interest of the child to be adopted into a family in another country or culture. Finally, the best interests of the child can only be obtained when there is no discrimination against them in the adoptive country based on their adoption, race, national origin, or religion.
While not directly involved in the matter of adoption, each signatory agrees that the internal laws of that country should be designed to protect families and actively prevent the abduction, sale, and trafficking in children. This, along with the prohibition of families or officials from receiving financial inducements to allow adoptions, will make the dispassionate determination of the best interests of the child easier to obtain.
Since the Conference on Private International Law understood that the birth country of a child is unable to enforce its laws in the adoptive country, the Convention emphasizes that it is essential that there is cooperation between the Central Authorities of the two countries. This will allow the designated authorities to ensure that the best interests of the child are maintained. It is in the interest of the birth country to track the welfare of the child so that they might better determine what countries adequately protect the welfare of the intercountry adoptee.
This cooperation is facilitated when there is a similarity in the method of administration of this Convention. This requires that there is a clear description of competent authorities within the country’s laws and a delineation of which authority is responsible for the administration of which portion of the process. A Central Authority that is responsible for the oversight of the complete process is essential to the ability to coordinate with other countries.
While not all countries are signatories to this Convention or even members of the Hague Conference on Private International Law, more and more countries are finding it in their best interest, and the best interest of their citizens, to follow the principals set forth in the Convention.
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