The Art Of Intercountry Adoption

Intercountry adoption is often associated with the adoption abuses and illicit activities. Hermann , Meier and Zhang , Kapstein and Smolin have investigated intercountry adoption as a child trafficking and baby selling. They discuss such issues in the perspective of international law based on several international legal documents such as the UNCRC, the Hague Convention 1993 and the Prohibited Sale of a Child under the 2000 Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography (hereinafter referred to as the OP CRC). According to Smolin, intercountry adoption is constituted as an illicit child selling and a child trafficking if there is an intermediary that induces

Other legal issues include the relationship between the Hague Convention 1993 and the UNCRC, the variation of national laws on adoption and reforms. For the research to be significant, this study provides comparative analysis of the practice of intercountry adoption in some selected Muslim countries, Hague Convention countries and non-Hague Convention countries either as the sending or receiving state to be referred to as a sample for the applicability of intercountry adoption in Malaysia. These countries include Morocco, Jordan, the Philippines, Australia and Singapore. Finally, the study analyses the applicability of intercountry adoption in Malaysia. In Malaysia, however, some information cannot be obtained because of confidentiality which is practised by the governmental departments. This research is based on intercountry adoption practice until

Firstly, it is based primarily on library research. Secondly, part of the research is based on fieldwork research. In library research, the relevant data on intercountry adoption will be collected in library in Malaysia. Primary data includes statutes, government documents and classical books. Secondary data includes academic journals, conference papers, articles, related text book and any relevant documents regarding intercountry adoption. In fieldwork research, data is collected through interviews that are dealt with governmental departments and non-governmental organization in Malaysia.

In Malaysia, semi-structured interviews are held with individuals from the SWD, the National Registration Department and an NGO, OrphanCARE. Interviews are conducted by using three methods; face-to- face interviews, telephone interviews and e-mail interviews. Face-to-face interviews are held at the office of the respondents in Putrajaya. In addition, permission letters in requesting for the interviews were put into writing. The interviews were also tape recorded and