A/HRC/34/55
sale of a child, the adoption too will consequently be illegal under international standards.
Such a situation underscores the need for States to ensure that they are not inadvertently
legitimizing the sale of children born through international commercial surrogacy by
granting adoption orders.
D.
Push and pull factors and the enabling environment
53.
The underlying push and pull factors that affect illegal adoptions and the sale of
children are multidimensional and linked to the political, legal, socioeconomic, cultural and
environmental context, at both the national and transnational levels. Situations of poverty
and economic hardship, the lack of birth registration and discrimination, including genderbased discrimination and violence, are prominent root causes of and risk factors for illegal
adoption, abandonments and relinquishments. An overarching enabling factor for illegal
adoptions is weak or inexistent child protection systems at the national and local levels.
54.
Vulnerability owing to poverty underlies decisions to abandon children and
relinquish parental rights over them, thus rendering them adoptable. Nevertheless, poverty
alone cannot be invoked as sufficient justification for placing or receiving a child in
alternative care.50 National authorities and foreign actors — the latter being more inclined
to finance “orphanages” than family-strengthening programmes — are failing in their
responsibilities to support vulnerable families through comprehensive child protection
systems.
55.
As highlighted in the previous section, multiple forms of discrimination have been at
the origin of several large-scale practices of forced adoption. In particular, gender-based
violence and discrimination, and discrimination against families in vulnerable
socioeconomic situations (e.g. families from rural areas or belonging to indigenous peoples)
have been used to justify the removal of children from their parents without any regard for
their consent.
56.
In the context of conflicts or following a natural disaster, children are often
separated from their families and the national infrastructure is weakened or rendered
incapable of functioning. In such situations, adoption processes are particularly open to
abuse: children may be deemed adoptable even though their parents are still alive or there
may be no monitoring function to ensure that no illegal acts are being committed. 51
57.
In respect of intercountry adoptions, the enabling environment points to prevailing
conditions in countries of origin (such as limited domestic care options, laws that influence
the determination of adoptability and the lack of adequate resources to verify the origins of
children and to ensure the free and informed consent of biological parents) and to the
approach taken by receiving countries, including the pressure they exert and the conditions
they accept in order to secure children for adoption, as well as the lack of information
provided to prospective adoptive parents. In addition, corruption and impunity allow illegal
acts and illicit practices to proliferate.
58.
Such systemic issues create an environment that enables illegal adoptions and that
Governments, both in countries of origin and in receiving countries, are allowing or
promoting through laws and policies, often taking advantage of them.
50
51
See General Assembly resolution 64/142, annex, para. 15.
A/HRC/19/63 and Corr.1.
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