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.

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.

Intercountry Adoption on the Internet

2007 ◽  
Vol 31 (2) ◽  
pp. 22-31 ◽  
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.

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.

New Zealand Case Studies to Test the Meaning and Use of Article 5 of the 1989 United Nations Convention on the Rights of the Child

2020 ◽  
Vol 28 (3) ◽  
pp. 588-612
Author(s):  
Mark Henaghan
Keyword(s):  
New Zealand ◽  
United Nations ◽  
Case Studies ◽  
Family Members ◽  
Central Theme ◽  
Rights Of The Child ◽  
Unique Identity ◽  
United Nations Convention ◽  
International Instruments ◽  
Article 5

Abstract Article 5 of the UN Convention on the Rights of the Child recognises the importance of parents and wider family members in ensuring that children are given appropriate directions on their rights in the UN Convention on the Rights of the Child. This paper analyses the wording of Article 5 and four New Zealand case studies to test the possible interpretations of Article 5. The paper builds on the work of Landsdown and Kamchedzera (Landsdown, 2005; Kamchedzera, 2012) who have done previous comprehensive analyses of the ambit and significance of the wording in Article 5. Article 5, like all international instruments, is not designed to provide prescriptive answers to challenging problems where there is a clash of which rights should prevail for children in particular situations. The central theme of this paper is that where there is a clash of a child’s rights, the tiebreaker should be which right in the particular situation will best enhance the unique identity of a particular child. The paper draws on the work of Ronen (Ronen, 2004) which argues that the purpose of a child’s rights framework is so the child can construct their individualised identity which is authentic and real for that particular child. The New Zealand case studies have been chosen to exemplify particular aspects of Article 5 and see how they are played out in particular court settings and whether the outcome enhances or inhibits the child’s opportunity to develop their unique identity.

The 1987 Elections to the International Court of Justice

1988 ◽  
Vol 25 ◽  
pp. 379-388 ◽  
Author(s):  
Edward G. Lee ◽  
Edward McWhinney
Keyword(s):  
United Nations ◽  
Security Council ◽  
Ad Hoc ◽  
Hague Convention ◽  
General Assembly ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Hague ◽  
The Hague Convention

The Statute of the International Court of Justice specifies that the nominations of candidates for election to the Court shall be made by “national groups” constituted either by the national groups in the Permanent Court of Arbitration (PGA), or by national groups appointed for this purpose “under the same conditions” as those prescribed for members of the PCA under the Hague Convention of 1907. As of May 1987, about half the member states of the United Nations — seventy-six out of one hundred and fifty-eight — were members of the PCA, but among these only sixty-two had functioning national groups. Official United Nations documents show that a great many national groups from other states, perhaps created on an ad hoc basis for the regular elections to the Court, submit nominations as provided under Article 4(2) of the Statute. Once a candidate has been nominated by one or more national groups, the state of which he is a national is free to decide whether formally to sponsor his candidacy and to seek the support of other states in the elections to be held in the General Assembly and the Security Council.

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. 

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