Editorials of IRC Monthly Reviews
N° 2010.6-7: 3rd Special Commission: progress in the midst of missed opportunities
The Hague Conference on Private International Law hosted the 3rd Special Commission last June resulting in clear advances, yet much work remains for subsequent Commission meetings.
N° 2010.5: June 2010: valuable opportunity to share experiences from the ground up
The 3rd Special Commission to be hosted next month by the Hague Conference on Private International Law provides a unique forum to share information on the implementation of THC-93 and make recommendations to ensure a better respect of the Convention's requirements.
N° 2010.4: Bringing moratoriums in line with international standards
Given the frequency of moratoriums in intercountry adoption procedures, and irrespective of the context of why and how one is instigated, international law demands that certain minimum standards are evoked to ensure the best protection of children in their application.
N° 2010.3: A multidisciplinary team: in theory at least, but what does it mean in practice?
There are numerous administrative and legal texts that foresee the obligation to convene a multidisciplinary team when it is time to take decisions about adoption. Such texts are helpful on the condition that safeguards are integrated for their effective implementation.
N° 2010.2: 2009: quicker, faster, further, stronger!
It is our February editorial (instead of January) that looks back on 2009 to present our activities and recall the events that shaped intercountry adoption last year given that current realities have somewhat disrupted our habits.
N° 2010.1: Earthquake in Haiti: Adoption is not a priority
The response to dozens of adoption dossiers that were in the process of being finalised before the earthquake must be differentiated based on how advanced the procedure is. In every case at the moment, the finalisation of adoption is not a priority.
N° 2009.11-12: In 20 years, the Convention on the Rights of the Child has achieved a lot for children, even if numerous challenges remain
The Convention has made it possible to blaze indispensable trails for the protection of children, particularly those deprived of family. It is now a matter of reinforcing and implementing them better.
N° 2009.10: State ordered separation: terminating parental authority in whose interests?
When States terminate parental authority, there are a number of competing interests at stake, some of which are not easily reconcilable and can be of particular importance in the adoption process.
N° 2009.9 : "The adopted child is a child like any other, with his peculiarities": a basic principle which sometimes has difficulty being applied
The specificities of adopted children are still too often the source of unsuitable patterns of behaviour at all levels of society. More awareness raising is still necessary.
N° 2009.8 : The harsh reality of numbers
The statistics of the major receiving countries confirm once more the drop in the number of inter-country adoptions throughout the world. If the major countries of origin continue to be more or less the same, their evolution is notably different. The magnitude of demand in receiving countries still remains a huge unknown.
N° 2009.7:How to strike a balance between the right to respect the private and family life and the protection of the child's interest in adoption?
The adoptee's rights and those of his biological parents on the one hand, as well as those of his adoptive parents on the other can sometimes lead to conflict. It then becomes a matter of seeking solutions that respect the needs and rights of all concerned parties with those of the child as a priority.
N° 2009.6: Celebrity adoptions: for better or for worse?
With the growing number of celebrities adopting children, it is more than reasonable to ask whether the wealth, fame and publicity attached to such actions is helpful or harmful.
N° 2009.5: The last stretch for the adoption of the draft UN guidelines: an ongoing need for the involvement of civil society
The draft UN guidelines for the appropriate use and conditions of alternative care for children faces a dilemma: advance forward without necessarily achieving a general consensus or, on the contrary, prioritising the latter at the risk of further postponing the adoption of the text.
N° 2009.3-4: What scope should be granted to the principle of subsidiarity?
The principle of subsidiarity, fundamental to adoption mainly conceived and understood as an obligation of countries of origin raises complex issues as intercountry adoption develops.
N° 2009.2: Towards an evolution of the position of the child's family and culture of origin in intercountry adoption?
Recent legislative and practical developments have shown that a more important position is now granted to the family and culture of origin of the child. Are we witnessing a new perspective of intercountry adoption - one that is closer to its intercultural dimension?
N° 2009.1: 2008: a typical year for inter-country adoption?
By taking a look at the events that shaped the world of adoption in the course of last year, it is striking to notice how much 2008 mixed important items of progress and, at the same time, developed ominous initiatives. The following is a brief overview in the form of a balance sheet.
N° 2008.11-12: Is immediate de-institutionalization always in the best interest of the child?
No doubt de-institutionalization is one of the main challenges in the field of child protection today. This editorial canvasses Brazil's process of de-institutionalization based on the Masters Thesis* by Roberta Salle Levy which amongst others shows that de-institutionalization is not always optimal especially where alternatives are inadequate
N° 2008.10: Exposing myths about the number of adoptable children and the need for more precision when defining who is adoptable
Sorting through the myriad of definitions being used and misused to identify the number of adoptable children can be an onerous task and requires clarification for better policy making
N° 2008.9: Parental leave for adoption: one aspect of support for adoptive families often left in the dark
The systems of parental leave for adoption vary considerably from one State to another. Irrespective of how essential they may be in questions of support for adoptive families, they do not always adequately respond to the needs of adopted children and their parents.
N° 2008.7-8: Diversification of countries of origin and an increase in the age of adopted children against a background of inter-country adoption that continues to be tense
The fall in inter-country adoptions, which is common throughout the world, reflects amongst other things, an improvement in the provision of domestic care for children in the countries of origin. Faced with this situation, the receiving countries are looking for new countries to adopt in, particularly in Africa.
N° 2008.6: On the shared responsibility of receiving States and States of origin in the setting of intercountry adoption costs
Although the issue of intercountry adoption costs remains a difficult topic to address, the sharing of responsibility between States of origin and receiving States remains inadequate in this field. However, better cooperation among States should lead to greater transparency.
N° 2008.5: Implications of the increase in the number of intercountry adoptions from a region and growing awareness of the needs: The example of Africa
Africa has rapidly become a major region of origin for intercountry adoptions and recent events have drawn the attention of authorities to the implications of such processes.
N° 2008.4: The 1993 Hague Convention and the United States of America
This month, the ISS/IRC wishes to address the benefits and the challenges flowing from the entry into force of the Hague Convention in the USA, and its potential implications for the domestic and global situation of intercountry adoption.
N° 2008.3: Interesting initiatives to channel the flow of adoption requests and to reduce the pressure on countries of origin
Since 2004, the Netherlands have developed a practice, in which the waiting period for prospective adoptive parents is arranged at the beginning of the procedure for obtaining an authorisation to adopt a first child. The compulsory preparation of prospective adoptive parents constitutes another way to channel the flow of adoption requests.
N° 2008.2: Adoption and homosexuality: Observations and considerations
Following the recent judgment of the European Court of Human Rights, which declared the refusal to grant a certificate of eligibility, based – even partially – on the applicant’s sexual orientation to be discriminatory, this editorial reviews the very thorny issue of adoption by homosexuals.
N° 2008.1: 2007: A brief balance for a great year
At the beginning of this new year, the ISS/IRC team wishes to present the various activities, which have marked this exceptionally rich year. Given that most of the readers of the Monthly Review do not have access to the Centre annual report, the latter believes it useful to go back over these projects in order to provide you with a more comprehensive picture of its services
N° 2007.11-12: Humanitarian action and intercountry adoption: A sulfurous mixture of kinds
Recent events between France and Chad have highlighted the risks that a blind desire ‘to save children’ may lead to. They also question the image, which the West may have of countries in the South. In addition, they illustrate a worrying confusion between humanitarian action and intercountry adoption.
N° 2007.10: Internet-based listings: An ethical and effective measure for children awaiting adoption?
Often faced with questions relating to the mechanisms available to States to fight against the violation of children’s rights through internet-based listing systems for children awaiting adoption, the ISS/IRC hereby wishes to address, question and raise the conditions under which this practice could be used to respond adequately and carefully to the needs of children
N° 2007.9: What if, despite all efforts, the adoption does not succeed?
A major fear, if not the greatest, of all those affected by an adoption and those involved in the process is that the adoption fails to create an attachment and that, despite the efforts provided by all, an assessment of the child’s situation may conclude that his separation from the adoptive family is in his best interests. How could these situations be prevented and responded to?
N° 2007.8: What questions arise from the implementation of a new Central Authority?
In the framework of its activities, the ISS/IRC is often confronted with questions from professionals responsible for setting up a new Central Authority following the ratification of the 1993 Hague Convention on Intercountry Adoption (HC-1993). This editorial seeks to shed some light on the difficulties and the questions, which may be faced by an administration in the implementation stage of the Convention.
N° 2007.6-7: The adequate selection of prospective adoptive parents: A guarantee for ethical and successful adoptions
Whilst in receiving countries, there is great concern about information relating to the health, psychological state of the child and his/her possible background, the same occurs in countries of origin in relation to the criteria of evaluation of prospective adoptive parents.
N° 2007.5: Unaccompanied minors are also children without parental care
As part of a joint UNICEF-ISS project, the Monthly Review will include a series of articles on the protection of the best interests and the rights of unaccompanied children.
N° 2007.4: Intercountry adoption may only find its balance if countries of origin and receiving countries take the necessary steps
Although countries of origin increasingly take more steps to protect themselves against the pressure from receiving countries, which "lack children", the latter must now find the means of better managing the flow of their prospective adoptive parents.
N° 2007.3: Intercountry adoptions: an ever tenser situation
Initial statistics for the year 2006 reflect a tendency towards a decrease in the number of intercountry adoptions. This slowdown, however, raises a number of questions, in relation both, to its possible causes and to its possible long–term consequences.
N° 2007.2: From respite care abroad... to adoption?
Another facet of adoption on holiday presented in the previous editorial, which is becoming quite common, concerns groups of children from economically disadvantaged and/or disaster-struck countries being hosted temporarily by families in industrialised countries, not infrequently leading to the host family applying to adopt the child in question.
N° 2007.1: Adoption ‘on holiday’
Stays abroad are often at the root of adoption procedures, which soon become particularly complex, since they fall outside any legal framework. Emotions often obscure the legal principles yet designed to protect children. The following is an overview of adoption on holiday…
N° 2006.11.12: The biased picture of intercountry adoption in the media
In order to better disseminate the ethical principles, which govern intercountry adoption and, thus, to rectify the biased news coverage of adoption in general, and even more so when celebrities are adopting, it would be useful for adoption professionals to appear more in the media.
N° 2006.10: Cooperation and intercountry adoption in perspective
Developments in intercountry adoption and its implementation in countries of origin may sometimes share similarities with development programmes, thus creating a new dynamic whilst also raising important issues. Although conventional texts highlight the need for genuine cooperation among countries, the meaning and the scope of the latter still remain to be defined in a context which experiences constant change.
N° 2006.9: Conference of Brasilia, 9-11 August 2006
A decisive step towards the adoption of the United Nations Guidelines for the Protection and Alternative Care of Children without Parental Care. As a priority, the Draft Guidelines aim at preserving the family structure and, where this is not possible, at offering an appropriate form of alternative care to every child. It is now a matter of mobilising all the States, so that a larger international debate may take place as a result of this conference. Without strong political support, this text may never come into being…
N° 2006.7-8: What are the alternatives to full adoption?
If full adoption continues to be the most widely followed approach when it comes to placing a child in a new family on a permanent basis, one wonders if this choice is always the one that best safeguards the rights of the various persons involved, and particularly those of the biological parents. Through the few examples presented below, we have intended to open a debate on the place of full adoption in the future.
N°2006.6: Adoption by nationals residing abroad: a mind-boggler for private international law
When people living outside their country of origin adopt a child from this same country, national regulations are frequently inconsistent with those at the international level. Although responses may vary according to the situation, the best interests of the child, here too, should be the primary consideration.
N°2006.5: Post-adoption (III/2): The search for origins. Second part: practical questions
Having presented the different points of view on the right to know one’s origins, IRC addresses, in this last editorial on post-adoption, some practical aspects of the implementation of the search for origins.
Nº 2006.4: Post-Adoption (III/1): The search for origins. First part: Theoretical issues
The question of the existence of a right to know one's origins under domestic legislation and international laws.
Nº 2006.3: Post-Adoption (II): Follow-up reports required by countries of origin
The need for a balance between protecting the needs of the child and those of the adoptive family and answering the legitimate requirements of countries of origin.
N° 2006.2: Post-Adoption: The usefulness of professional support for the adoptee and his adoptive family
At the start of a series of three editorials devoted to the post-adoption period, the IRC presents the issue of professional support during the first moments of the adoptee’s life together with his new family.
N° 2006.1: «Simple adoption» versus «full adoption»: A national choice with international repercussions
The distinction between simple and full adoption is characterised by a lack of coherence in its defining criteria as well as when it comes to the implementation of the conditions of conversion of adoptions under the national law of the receiving country.
N°2005.11-12: Is intercountry adoption linked with trafficking for exploitation?
In this editorial we analyse the fact that while some children are certainly “trafficked for the purpose of adoption”, there is no evidence, as far as we know, that children have been “trafficked through adoption for subsequent exploitation.”
N°2005.8-9: The «paradox of time» in the adoption process
How shall one strike the balance between the need to take time to identify the best permanent solution for the child and the need for him not to stay too long in the uncertainty of a provisional solution? Central issues of consideration include the period of time which the parents have to give their consent, or where consent is not possible, the period in which the Authorities must search for the family of orgin; as well as the lapse of time linked to the principle of subsidiarity of inter-country adoption. Finally, we analyse the consequences of these issues for the child and the importance of searching for a reasonable time balance, which ensures that the right of every individual is guaranteed and that the professionalism of the procedure is secured.
N°2005.7: Permanency planning for children in temporary care
Which permanent life plan to choose for which child? What fundamental principles have to be taken into account in elaborating a permanent life plan? What are the elements to be considered for the professional process of elaborating a permanent life plan?
N°2005.6: In the spirit of article 29 of THC-1993, any contact between prospective adoptive parents (PAPs) and the child’s parents or carer, should be prohibited until the matching decision
One of the main objectives of article 29 is to guarantee the free consent of the biological parents. Another objective is to oblige PAPs to respect THC-1993 adoption system, first allowing their eligibility and suitability to be assessed and secondly, by processing through the Central and competent Authorities of receiving countries and countries of origin, and preferably through an adoption accredited body.
N°2005.5: Non relative inter-country adoption: Does The Hague Convention 1993 make it obligatory to co-operate with every receiving State or body that so requests?
In the context of a cooperation based on the best interest of the child, The Hague Convention 1993 invites States of origin to collaborate with the number and type of partners in receiving States that best fit the needs of their children. The reasons for such collaboration and the point of view of the Permanent Office of the Hague Conference are detailed in this editorial.
N°2005.4: In children’s best interests, what is the maximum age difference to adopt?
A large number of legislation in countries of origin and receiving countries impose a minimum age to adopt and a minimum age difference between the adopter and the adoptee. They are, however, much less numerous to fix a maximum age or a maximum age difference. It is true that some legislative flexibility may correspond to the best interests of certain children. But one of the current problems is that of older and older prospective adoptive parents wishing to adopt very young children. Therefore, some serious thinking about the legislation on this theme should be considered. Certification by law of a maximum age difference could, thus, be considered useful. The age aspect must however figure in the overall package of elements to be taken into consideration when assessing, case by case, the suitability of prospective adoptive parents to adopt a certain category of children and within that category, of a particular child, depending upon his/her specific needs.
N° 2005.3: The principle of subsidiarity and the extended family as caregivers
This type of care, the most usual in many countries, comes within a more global system of measures regulated by International law. The latter gives priority to maintaining the child deprived of his/her parents within his/her family of origin, before envisaging alternative and permanent family care solutions. In cases where it is impossible to maintain the child within his/her family of origin, an adoption project can be envisaged. However, in application of the fundamental principle of subsidiarity, domestic adoption should have priority to inter-country adoption. In the case of temporary solutions (foster care, residential care), the placement has to be periodically reviewed and be accompanied by a permanency planning project. However, what happens when members of the extended family, living abroad, wish to adopt the child? How can the priority given to the family of origin be harmonised with the principle of subsidiarity? Which elements must be taken into consideration in the search for the solution that most correctly responds to the best interest of the child?
N° 2005.2: One child is equal to another: The principle of non- discrimination applied to adoption
As demonstrated by the example of adoption, the principle of non-discrimination in child protection cannot be applied without previous evaluation. It has to be adapted to each context. Depending on the cases, it requires either to identify differences of treatments which cannot be justified under the best interest of the child or, on the contrary, to take specific measures aimed at compensating inequalities. Only this differentiated approach ensures that one child is equal to another in practice.
2005 N° 1: For an adequate protection of children separated from their family during national disasters
Principles for the protection of child victims of natural disasters are put forward, ranging from the emergency phase up until long-term solutions.
N° 72 – 73: Improving Protection for Children without Parental Care: A Call for International Standards Millions of children around the world live in formal or informal foster care, in institutions, or are otherwise separated from their parents; many more are at risk of separation, due to the impact of HIV on their families, armed conflict, natural disasters, disability and poverty. While the Convention on the Rights of the Child recognises the child's right to be cared for by his or her parents, and sets out States Parties' obligations to provide suitable alternative care when a child cannot be cared for within his or her family environment, current international instruments offer only partial and limited guidance on steps to prevent separation and to ensure adequate care. During the 37th session, held on September-October 2004, the Committee on the Rights of the Child, in recognition of this gap, passed a decision recommending to the UN Commission on Human Rights the drafting of UN Guidelines for the protection and alternative care of children without parental care.
N° 71: The Mediation of the Adoption Accredited Bodies (AAB) of the Receiving States: a guarantee for inter-country adoption but on what conditions?
The mediation of the AAB, between countries that are parties or not to the THC-1993, only constitutes an ethical guarantee for inter-country adoption if certain conditions are met, at two levels: at the level of the AAB itself (its characteristics; its supervision, review and support by the receiving States and the States of origin concerned) and in the joint responsibility between the receiving States and the States of origin. Dialogue and international co-operation should, in future, be developed to allow the authorities of the receiving States and the States of origin to determine the number and the profile of children of the States of origin in need of adoption, as well as the professional profile and the tasks assigned to the AAB.
N° 70: Inter-country adoption: Benefits of compulsory participation of adoption accredited bodies in the receiving countries under the supervision of the Central Authorities
Making it compulsory for prospective adopters to go through the adoption accredited bodies (AAB) of the receiving countries, allows States to fully meet their international and ethical obligations regarding inter-country adoption. These AAB, approved by the receiving countries and authorised by the country of origin, represent an effective guarantee for the rights of the child by proposing a professional mediation between families, authorities and country. Also they participate in the combat against certain abuses, trafficking and failures that stem from recourse to independent adoptions. In the same way States are responsible for ensuring the support, training and supervision of the AAB, in the framework of a system of control both qualitative and quantitative.
N° 68-69: From the «International Reference Centre for the Protection of Children in Adoption» to the «International Reference Centre for the Rights of Children deprived of their Family»
Due to the development of our activities and at the same time retaining our specific competence in matters of adoption, the IRC is changing its name, whilst at the same time underlining the fact that our work comes within the framework of a global policy of childprotection. On the one hand this change takes into consideration the primary right of the child to remain in his/her family of origin if this solution is in his/her best interests, as well as benefiting, in other cases, from an ultimate protective measure preferably of the family kind; on the other hand, this increases our concern with the prevention of abandonment and placement, in support for families (immediate and extended) of origin, and in respect of the rights of children placed – temporarily in principle - with foster families and in institutions.
N ° 67: To promote the adoption of children with special needs
In every country, developing, in transition, or industrialized, the present challenge posed by adoption – both domestic and inter-country - and an important part of its future undoubtedly reside in the search for suitable families for children with special needs, as well as in suitably adapted professional practices. Different situations for children, different adoptive parents and reformed professional practices.
N° 66: Family life, deinstitutionalisation and adoption
The best interests of the child is basically to be raised in a family environment that ensures him/her permanence and individualized attention. One of today’s great challenges for many countries resides in preventing institutionalisation and in the development of an individualized and permanent family plan. Priority has to be given to the reinsertion of children into their family of origin, what does not exclude adoption which MUST have its place in the range of responses offered.
N° 65: In the child’s best interest, which is the supply and which the demand?
How can one switch from the demand of prospective adopters in search of a supply of children “available for adoption”, to the supply of prospective adopters who meet the demand of children in need of adoption?
N° 64: Adoption and politics
Consideration of the politics at stake in the attitude of certain receiving countries, regulations of certain countries of origin and individual decisions taken by political authorities.