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The international legal framework for adoptions Laura Martínez-Mora Principal Legal Officer The Hague Conference on Private International Law European.

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Presentation on theme: "The international legal framework for adoptions Laura Martínez-Mora Principal Legal Officer The Hague Conference on Private International Law European."— Presentation transcript:

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 resolving abductions 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) China Korea Russia Vietnam Colombia India Brazil Guatemala ROMANIA Philippines China Russia Vietnam Korea COLOMBIA India Guatemala ROMANIA Brazil Ethiopia China Russia Guatemala Korea Ukraine COLOMBIA Ethiopia Haiti INDIA Kazakhstan CHINA Ethiopia Russia Haiti COLOMBIA Vietnam Ukraine Korea INDIA 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

6 States receiving the most children for intercountry adoption 1999 – 2011 (source: P. Selman*, ISS and 2010 Special Commission) USA (FY) Spain France Italy Canada Top 5 Netherlands Sweden Norway States * 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. CURRENT STATUS 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 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 The BENEFITS and PROVEN RESULTS of the Convention

9 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.) The BENEFITS and PROVEN RESULTS of the Convention

10 GGPs and Brochure PUBLICATIONS 10

11 11 Website: INTERCOUNTRY ADOPTION SECTION

12 12 Thank you! Laura Martínez-Mora Questions?


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