scholarly journals A very long engagement: The Children's Act 38 of 2005 and the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption

2017 ◽  
Vol 12 (1) ◽  
pp. 53
Author(s):  
Ed Couzens
Keyword(s):  
South African ◽  
Hague Convention ◽  
Best Interests ◽  
Dramatic Improvement ◽  
Intercountry Adoption ◽  
Current Regime ◽  
The Hague ◽  
The Hague Convention

This article analyses the intercountry adoptions provisions contained in Chapter 16 of the Children’s Act 38 of 2005, against the standards of the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoptions, 1993. After a brief overview of the two leading South African cases on intercountry adoption, which stress the importance of having this institution statutorily regulated, the author proceeds to analyse the most significant clauses pertaining to intercountry adoptions contained in the Act, in order to identify the strengths and weaknesses in this new statutory framework. The author concludes that the Children’s Act is a dramatic improvement on the current regime of intercountry adoptions and that it has the potential to make this institution work in the best interests of children.

scholarly journals PARENTAL CHILD ABDUCTION CASES: PREVENTION IS BETTER THAN CURE

Obiter ◽  
2018 ◽  
Vol 39 (1) ◽  
Author(s):  
Frans M Mahlobogwane
Keyword(s):  
South African ◽  
Hague Convention ◽  
Best Interests ◽  
Child Abduction ◽  
The Past ◽  
International Child ◽  
Legislative Framework ◽  
The Hague ◽  
The Hague Convention ◽  
Better Than

The past few decades have witnessed an unprecedented growth of child abduction cases that has generated the need for legislative framework governing such cases. This happened, after a period of uncertainty on how the courts should deal with abduction cases, as a result our South African legislature incorporated the Hague Convention on the Civil Aspects of International Child Abduction Act 72 of 1996. The Act came into operation on the 01 October 1997, making the Hague Conventionapplicable in South Africa. This paper will look into the issue of prevention of parental child abduction and whether such prevention will promote the child's best interests in such cases.

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

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.

scholarly journals Intercountry Adoption in New Zealand - A Child Rights Perspective

1997 ◽  
Vol 27 (3) ◽  
pp. 421 ◽  
Author(s):  
J Couchman
Keyword(s):  
New Zealand ◽  
United Nations ◽  
Hague Convention ◽  
Intercountry Adoption ◽  
Child Rights ◽  
Current Form ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
The Hague ◽  
The Hague Convention

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.

scholarly journals THE APPLICATION OF THE HAGUE CONVENTION ON PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION OF 1993 IN BRAZIL

2018 ◽  
Vol 3 (3-4) ◽  
pp. 254-275
Author(s):  
Marcos Vinicius Torres Pereira ◽  
Lara Oliveira Gonçalves
Keyword(s):  
International Adoption ◽  
Hague Convention ◽  
Intercountry Adoption ◽  
Best Interest ◽  
New Family ◽  
The Hague ◽  
The Hague Convention

This article talks about the application of the Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption of 1993 in Brazil. Due to socio-economical circumstances, there are many orphans and abandoned children in Brazil that need care, love and attention. Providing these children a new family would give them a chance to build-up a new life in respect to their best interest. This work analyzes Brazilian domestic rules on international adoption, as well as the application of the Convention in Brazil. It criticizes how the Convention is applied in Brazil and the country´s role on the international net of international adoption. 

scholarly journals THE APPLICATION OF THE HAGUE CONVENTION ON PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION OF 1993 IN BRAZIL

2015 ◽  
Vol 3 (3-4) ◽  
pp. 254-275
Author(s):  
Marcos Vinicius Torres Pereira ◽  
Lara Oliveira Gonçalves
Keyword(s):  
International Adoption ◽  
Hague Convention ◽  
Intercountry Adoption ◽  
Best Interest ◽  
New Family ◽  
The Hague ◽  
The Hague Convention

This article talks about the application of the Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption of 1993 in Brazil. Due to socio-economical circumstances, there are many orphans and abandoned children in Brazil that need care, love and attention. Providing these children a new family would give them a chance to build-up a new life in respect to their best interest. This work analyzes Brazilian domestic rules on international adoption, as well as the application of the Convention in Brazil. It criticizes how the Convention is applied in Brazil and the country´s role on the international net of international adoption. 

The Hague Convention on the Protection of Children and Co-Operation in Respect of Intercountry Adoption

1993 ◽  
Vol 17 (3) ◽  
pp. 9-13 ◽  
Author(s):  
William Duncan
Keyword(s):  
Hague Convention ◽  
Intercountry Adoption ◽  
The Hague ◽  
The Uk ◽  
The Hague Convention

The process of implementing the Hague Convention on intercountry adoption now begins. William Duncan outlines the Convention's key provisions and points to some of the difficult decisions confronting the UK.

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