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

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

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

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

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 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 5

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 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 6

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

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

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

PUBLICATIONS GGPs and Brochure 10

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

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