Documents

Here you will find documents and resources related to international adoptions and child rights.

  • UN Convention on the Rights of the Child
  • Implementation Handbook for the Convention on the Rights of the Child
  • On Their Own, India – 2005
  • Opinion of the Independent Panel of EU Family Law Experts, May 2004
    The Independent Panel was set up by the European Commission in December 2002 and consists of experts on family law and children’s rights from Member States (civil servants). The Panel reports to the Commission on whether the Romanian draft legislative package complies with international standards laid down in the UN Convention on the Right of the  Child and the European Convention on Human Rights. In making  its assessments, the Panel considers inter-alia whether the proposed legal framework would ensure respect of children’s rights at a level comparable to that provided by  legislation in the present EU Member States. The Panel’s position is a legal and not a political opinion. The reference, guide and basis for its opinion are the UN Convention on the Rights of the Child (CRC) and the European Convention  on Human Rights (ECHR). Also the practices in the EU Member States served as reference.
  • Arun Dohle, Inside of an Adoption Scandal, November 2008, Samford University Cumberland School of Law
    This article examines India’s international adoption process, focusing in particular on Preet Mandir, a children’s home in India that placed 518 children for adoption between 2004 and 2006, most internationally. This article outlines evidence that Preet Mandir was sending children without their birthfamilies’ permission; bribing India’s central authority in order to retain its license; and doing so for profit. Extensive detail includes names of the countries and Western adoption agencies involved.
  • Roelie Post, The Perverse Effects of the Hague Convention,  Justitiële verkenningen/Judicial Explorations 2008/07, title: Adoption under Fire (page 25-37), Research and Documentation Centre of the Dutch Ministry of Justice
    This article describes the effects that the Hague Adoption Convention1 had on adoptions from Romania. The aim of the Hague Convention was to guarantee that intercountry adoption would take place in the interest of the child, with respect for his/her fundamental rights, and to prevent the abduction, sale of or trafficking in children. Romania was one of the first countries that ratified this Convention (1994), and adopted in 1997 a Hague compliant adoption law. However, from 1997 to 2001 this convention did not so much protect the rights of the children, but foremost those of the parties in the receiving countries: central authorities,adoption agencies and adoptive parents. It further shows how intercountry adoption developed into a full-grown market, which functions according to the economical laws of supply and demand.The result of the Romanian ban on intercountry adoptions will be discussed, including the consequences with regards to other countries. The article ends with the crucial question: can intercountry adoption be legislated without it leading to a demand-driven child market? This article argues why such is not possible under the current provisions of the 1993 Hague Convention.
  • NATIONAL CONSULTATION ON ‘Countering Challenges in Adoption: Combating Child Trafficking’ 10-11 January 2009, Jamia Hamdard, New Delhi
    Illegal adoptions and large-scale trafficking of children for the same, failure of existing rules and regulations to check such commoditisation of children, large number of India parents and children awaiting adoption, and most importantly, the business interests of the adoption lobby turning it into a racket demands immediate moratorium on inter-country adoption.
    It was thus resolved by a majority vote that India should put a moratorium in inter-country adoptions for 10 years.
    This resolution demanding for a moratorium of 10 years on inter-country adoptions was argued and discussed at length. It was agreed upon by all participants that such a resolution was required both as a principle and as a strategy to put a check on malpractices involved in the adoption sector and to ensure that all adoptions are in keeping with the principle of best interest of the child, as contained in the UNCRC.
  • Roelie Post, INTERNATIONAL ADOPTION Child Protection or a Breach of Rights? August/September 2009 CONDUCIVE
    Author Roelie Post wants to distance herself from pro and anti-adoption labels and direct the discussion back to the heart of the matter: whether intercountry adoption is a child protection measure, if children have rights in their own country, and if intercountry adoption is ultimately a breach of such rights? Post ends with the crucial question: can intercountry adoption be legislated without it leading to a demand-driven child market? Romanian banned intercountry adoptions, Post will describe the experience and the consequences for other countries.
  • FRUITS OF ETHIOPIA, Intercountry Adoption: The Rights of the Child, or the Harvesting of Children, ACT, October 2009
    EXECUTIVE SUMMARY
    The findings of the Research
    Overall, the current adoption system actively creates an unwarrantedly high number of children available for adoption. Intercountry adoption is in reality privileged to any other in-country suitable manner of care.
    Local child protection policies, while existing, are not implemented, while the intercountry adoption market is more and more taking control of the local child protection, as well as the social and health sector.
    The adoption process is riddled by fraud and other criminal activities. Parents are stated dead, whereas they are not, dates of birth are falsified, false information is provided to the Courts.
    But most important: The demand-driven intercountry adoption process is breaking up families, who could be helped in building up their lives with a fraction of the money involved in intercountry adoption.