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

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 2

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 3

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

5. CURRENT STATUS
States sending the most children for intercountry adoption 1995 – 2011
(sources: P. Selman* and 2010 Special Commission)
1995
1998
2004
2010
2011
China
Korea
Russia
Vietnam
Colombia
India
Brazil
Guatemala
ROMANIA
Philippines
COLOMBIA
Ethiopia
Ukraine
Haiti
INDIA
Kazakhstan
CHINA
KAZAKHSTAN
CHINA (4 405)
Ethiopia (3 455)
Russia (3 325)
COLOMBIA (1 577)
Ukraine (1 070)
Korea (961)
Vietnam (704)
INDIA (628)
PHILIPPINES (512)
BRAZIL (348)
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 and States of Origin , available upon request from the author This data is subject to possible future updating. 5 5

6. CURRENT STATUS
States receiving the most children for intercountry adoption 1999 – 2011 (source: P. Selman*, ISS and 2010 Special Commission)
1999
2001
2004
2008
2010
2011
USA (FY)
Spain
France
Italy
Canada
Top 5
Netherlands
Sweden
Norway
15 719
2 006
3 597
2 177
2 019
25 518
993
1 019
590
19 237
3 428
3 094
1 797
1 926
29 892
1 122
1 044
713
22 884
5 541
4 079
3 402
1 955
37 969
1 307
1 109
706
17 438
3 156
3 271
3 977
1 916
29 068
767
793
304
12 149
2 891
3 504
4 130
1 970
23 587
705
729
343
9 320
2 560
1 995
4 022
1 785
19 650
528
538
23 States
32 913
36 391
45 298
34 785
29 095
23 553
* P. Selman (2012), Key Tables for Intercountry Adoption: Receiving States and States of Origin , available upon request from the author This data is subject to possible future updating. 6 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 to increased efforts to combat and prevent abduction, sale and traffic in children
stimulated programmes for in-country adoption and in-country child-care generally 8

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.) 9

10. PUBLICATIONS
GGPs and Brochure 10

11. INTERCOUNTRY ADOPTION SECTION
Website:
INTERCOUNTRY ADOPTION SECTION 11

12. Thank you!
Questions?
Laura Martínez-Mora 12