Intercountry Adoption Case Study

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Intercountry adoption is recognized as one of a range of alternative care options available for children in need of care and protection at the international level. There are several international legal instruments that have been introduced to facilitate the practice of intercountry adoption around the world. This chapter will focus on two main international legal instruments on intercountry adoption which are the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption 1993 (hereinafter referred to as the Hague Convention of 1993) and the United Nations Convention on the Rights of the Child 1989 (hereinafter referred to as the UNCRC). The discussion also includes the The Implementation and Operation of…show more content…
In regards to the sending state, it is responsible to establish the adoptability of the child. The competent authorities of the sending state should determine the child’s adoptability based on the criteria of the applicable law as well as psycho-social and cultural factors. For instance, it should be made clear that certain procedures must be fulfilled such as determination of abandonment or evidence of permanency planning. Hence, the child’s background should be investigated in the abandonment and orphans cases with every effort made to search for the families or relatives and to effect a reunification with no unduly delay should occur. The determination allows the child to be placed in other substitute care including intercountry adoption after realizing that he or she can no longer remain with the birth family. Intercountry adoption must be made in the best interests of the child after applying the principle of subsidiarity. The subsidiarity principle seems to suggest that intercountry adoption should not be employed unless the birth parents can no longer look after the child and there is no other suitable family care in the birth country. Further, the persons, institutions and authorities whose consent is to be relinquished have been counselled appropriately and…show more content…
Governmental body acting as a central authority already exists in many states to handle matters with regard to intercountry adoption while in other states, as such may be designated through an existing Ministry’s service or division. More than one central authority can also be appointed by the states with more than one system of law or states having independent territorial units. If there is more than one central authority has been appointed by the state, one dedicated central authority in charge for communication should be then designated. The designation of central authorities in both sending and receiving states seems to suggest that all matters pertaining to intercountry adoption would be managed by one dedicated organization ensuring better communication between the two contracting
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