Protecting the Rights of the Child in Intercountry Adoption

In 1996, the Adoption Amendment Bill (No 2) was introduced into Parliament. The aim of the Bill was to implement in New Zealand the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. New Zealand's accession to the Hague Convention would provide significantly improved protection for some children who come to New Zealand as a result of intercountry adoption. This article provides information on intercountry adoption in New Zealand, the background to the Bill, and concludes that the Bill, if passed in its current form, would fail to provide protection for the majority of children who come to New Zealand as a result of intercountry adoption, and would not fulfil New Zealand's obligations concerning adoption under the United Nations Convention on the Rights of the Child.

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International adoption: lex adoptio and the plurality of connecting factors

Международное право ◽

10.25136/2644-5514.2021.1.35159 ◽

2021 ◽

pp. 10-21

Author(s):

Kseniya Olegovna Trinchenko

Keyword(s):

Human Rights ◽

International Adoption ◽

Single Case ◽

Hague Convention ◽

Best Interests ◽

Intercountry Adoption ◽

Conflict Of Laws ◽

Rights Of The Child ◽

European Court ◽

Substantive Law

This article analyzes the substantive law and conflict of laws law of such countries as Austria, Venezuela, Germany, Dominican Republic, Iceland, Spain, Canada (Quebec), Norway, Poland, Portugal, Switzerland, as well as bilateral agreements on legal aid, case law of the European Court of Human Rights, which demonstrates the presence general principles of law, as well as the principle of protecting the weaker party to the legal relationship, the principle of observance of best interests of a child established by the universal multilateral international agreements: Convention on Human Rights of 1950, Convention on the Rights of the Child of 1989, Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. The author examines the relevant issues of the conflict of laws regarding the manifestation of the conflict of jurisdictions, plurality of connecting factors in regulation of a set of private law relations associated with international adoption. The result of the conducted research consists in formulation of a special statute of adoption (lex adoptio), analysis of its legal nature and scope. In the context of examination of the procedure for establishing international adoption, the author identifies the problem of dépeçage (different issues within a single case are governed by the laws of different jurisdictions). A classification is provided to the combinations of plurality of connecting factors established by the legislation of foreign countries, as well as multilateral international agreement – the Inter-American Convention on Conflict of Laws Concerning the Adoption of Minors of 1984).

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Child Protection through Intercountry Adoption with Special Reference to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption 1993

GATR Global Journal of Business Social Sciences Review - GATR Global Journal of Business and Social Science Review (GJBSSR) Vol.7(1) Jan-Mar 2019 ◽

10.35609/gjbssr.2015.3.2(11) ◽

2015 ◽

Vol 3 (2) ◽

pp. 78-86

Author(s):

Nadhilah A. Kadir ◽

Azizah Mohd ◽

Roslina Che Soh@ Yusoff ◽

Najibah Mohd Zin

Keyword(s):

Child Protection ◽

Hague Convention ◽

Best Interests ◽

Institutional Setting ◽

Intercountry Adoption ◽

Alternative Care ◽

Rights Of The Child ◽

The Hague ◽

Family Setting ◽

The Hague Convention

Objective - This paper seeks to examine the practice of intercountry adoption as prescribed in the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption 1993 (the Hague Convention 1993) particularly relating to its requirements and procedures. This is in order to describe the minimum safeguards provided by The Hague Convention 1993 to ensure that such adoption takes place in the child's best interests. This paper also discusses the relationship between the Hague Convention 1993 and the United Nations Convention on the Rights of the Child 1989 (CRC) relating to the position of intercountry adoption as one of the available means of child care. Methodology/Technique - This paper adopts qualitative research method. Analysis focuses on international policies provided by International Legal Frameworks that include The Hague Convention 1993 and the CRC. Findings - The Hague Convention 1993 recognizes intercountry adoption as one of the alternative care options that provides the advantage of a permanent family setting to a child whom, a suitable family is unavailable for him or her in the birth country. Accordingly, this paper suggests that family setting should be preferred over institutional setting in deciding a child's placement. Novelty - The paper deliberates on the position of intercountry adoption at the international level as one of the alternative care options. Type of Paper - Conceptual Keywords: Alternative Care; Child Protection; Hague Convention 1993; Intercountry Adoption; Permanent Family Care.

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Intercountry Adoption on the Internet

Adoption & Fostering ◽

10.1177/030857590703100206 ◽

2007 ◽

Vol 31 (2) ◽

pp. 22-31 ◽

Cited By ~ 9

Author(s):

Shihning Chou

Keyword(s):

Personal Information ◽

Hague Convention ◽

Adoptive Parents ◽

The Internet ◽

Intercountry Adoption ◽

Rights Of The Child ◽

The Hague ◽

Adoption Agencies ◽

The Hague Convention ◽

Google Search

This study by Shihning Chou, Kevin Browne and Melanie Kirkaldy investigated whether inter-country adoption agencies on the internet upheld the principles of the UN Convention of the Rights of the Child (UNCRC 1989) and the Hague Convention (1993). A systematic search on the UK-based Google search engine was carried out. The search yielded 2,383 hits, of which 116 were adoption agencies. All 116 agencies were registered in the USA and 37 per cent of the agency websites clearly stated that potential adoptive parents are allowed to select a child they wish to adopt, with 34 per cent offering the option to apply online. The average total fee for intercountry adoption per child was US$20,338 with an average application fee of US$273.97. The majority of websites displayed photographs of children: 9.5 per cent showed photos of named children who had been adopted, 25 per cent displayed photos of named children currently available for adoption and 50 per cent of websites displayed general photographs of children with no identifiers. Furthermore, 18.1 per cent of agencies used terminology that promoted children as a commodity rather than as individuals in need. There was a positive correlation between agencies using such terminology and those displaying photographs with personal information. If these views are accepted, it means that it can be estimated that at least 38 per cent of the agencies were in breach of the UNCRC and the Hague Convention.

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