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The international legal framework for adoptions

The international legal framework for adoptions. Laura Martínez-Mora Principal Legal Officer The Hague Conference on Private International Law. European Parliament - Committee on Legal Affairs Hearing “The law protecting children in Europe and worldwide:

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The international legal framework for adoptions

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  1. The international legal framework for adoptions Laura Martínez-Mora Principal Legal Officer The Hague Conference on Private International Law European Parliament - Committee on Legal Affairs Hearing “The law protecting children in Europe and worldwide: provisions facilitating adoptions and resolvingabductions” Thursday, 25 April 2013

  2. The international LEGAL FRAMEWORK At a Global level: • The UN Convention on the Rights of the Child (UNCRC) • The 1993 Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption At a European level: • European Convention on the Adoption of Children (revised) • Minimum standards for adoption in each Contracting State • Harmonise substantive law

  3. The OBJECTIVES of the 1993 Hague Convention • To reinforce and augment the principles of the UNCRC • To establish minimum standards for the protection of children who are the subject of intercountry adoption – respecting their best interests • To secure the automatic recognition of adoptions made in accordance with the Convention in all Contracting States • To establish a system of co-operation amongst Contracting States to ensure the protection of those children – competent authorities and bodies • To prevent the abduction, the sale of, or traffic in children, and to eliminate profiteering and other abuses associated with intercountry adoption

  4. CURRENT STATUS OF THE 1993 HAGUE CONVENTION The geographic spread of the 90 States Parties to the 1993 Hague Convention 4

  5. CURRENT STATUS States sending the most children for intercountry adoption 1995 – 2011 (sources: P. Selman* and 2010 Special Commission) In capital letters, States Parties to the 1993 Hague Convention (from the year of the entry into force). * P. Selman (2012), Key Tables for Intercountry Adoption: Receiving States 2001-2011 and States of Origin 2003-2011, available upon request from the author (pfselman@yahoo.co.uk). This data is subject to possible future updating. 5

  6. CURRENT STATUS States receiving themost children for intercountry adoption 1999 – 2011 (source: P. Selman*, ISS and 2010 Special Commission) * P. Selman (2012), Key Tables for Intercountry Adoption: Receiving States 2001-2011 and States of Origin 2003-2011, available upon request from the author (pfselman@yahoo.co.uk). This data is subject to possible future updating. 6

  7. Some of the CHALLENGES in the implementation of the Convention • States Parties implementing the Convention “properly” • The implementation of the principle of subsidiarity: • What is the “last resort”? • Acting expeditiously vs. “fast tracking” • Establishing that a child is genuinely “adoptable” • Children in need of adoption are increasingly children with special needs • Establishing an efficient Central Authority • Controlling foreign adoption agencies • Resisting pressure from receiving States • Financial regulation of intercountry adoption • Post-adoption services

  8. The BENEFITS and PROVEN RESULTS of the Convention The 1993 Hague Convention has: • provided a safe procedure for those children who cannot be placed with a family in the State of origin • led to more awareness of (good) practices concerning (intercountry) adoption • led toincreased efforts to combat and prevent abduction, sale and traffic in children • stimulated programmes for in-country adoption and in-country child-care generally

  9. The BENEFITS and PROVEN RESULTS of the Convention The 1993 Hague Convention has: • empowered States of origin to • resist inappropriate pressure by receiving States and accredited bodies to “supply” children; and • deal only with the most professional authorities and bodies • enhanced the shared responsibility of receiving States and States of origin • promoted joint efforts to ensure effective regulation of intercountry adoption and to mobilise political will to curb corruption and malpractice • stimulated community building (Central Authorities, accredited bodies etc.)

  10. PUBLICATIONS GGPs and Brochure 10

  11. Website: www.hcch.net INTERCOUNTRY ADOPTION SECTION 11

  12. Thank you! Questions? 12 Laura Martínez-Mora secretariat@hcch.net www.hcch.net

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