A/HRC/34/55
E.
Measures to prevent and combat illegal adoptions
69.
States have adopted various measures to prevent and combat illegal acts and illicit
practices that result in the sale of children and illegal adoption. Few States have adopted
measures to respond to cases of large-scale illegal adoption; of those that have, many have
done so in response to the sustained advocacy efforts of civil society, in particular victims’
organizations. That said, there are no strategies aimed at tackling the systemic issues that
give rise to an enabling environment for illegal adoptions and at ensuring that adoptions
take place solely in the best interests of the child and in conformity with international
norms and standards.
1.
National child protection systems
70.
The way in which child protection and alternative care systems are designed,
organized, resourced and monitored has a considerable impact on the degree to which they
become implicated in illicit practices leading to illegal adoptions. For instance, the
provision of alternative care that relies primarily on privately run residential facilities
constitutes a major risk for the occurrence of illegal adoption. Moreover, States where such
arrangements are prevalent are often not in a position to exercise the oversight necessary to
ensure adherence with international standards.65
71.
An advisory council in the Netherlands has concluded that intercountry adoption
negatively affects the development of child protection systems in countries of origin,
rendering the services provided by the latter of a lesser quality than would be the case if no
intercountry adoption existed. It has called upon Governments to focus on protecting
children in countries of origin by supporting the implementation and advancement of
national child protection systems.66
2.
Regulation and supervision of adoption processes
72.
States have adopted various measures to regulate and control adoption processes
with the aim of preventing and addressing illegal acts and illicit practices. Most of the
measures covered in the present section apply to intercountry adoptions and reflect the
efforts of both countries of origin and receiving countries to tackle the numerous illegal acts
and illicit practices affecting such adoptions. 67
Prohibition of private and independent adoptions
73.
Private and independent adoptions are initiated and processed without the oversight
of competent authorities, and therefore often involve illicit practices. 68 They are
incompatible with the 1993 Hague Convention. 69 Many such adoptions, however, occur in
countries of origin that are not parties to the Convention, where procedures and systems
may fall below international standards. Some receiving States also permit private and
independent adoptions when they are carried out from countries of origin that are not
65
66
67
68
69
16
See www.alternativecareguidelines.org/Home/tabid/2372/language/en-GB/Default.aspx.
See https://www.rsj.nl/binaries/Samenvatting%20Interlandelijke%20adoptie%
20Engels%2020161101_tcm26-176572.pdf.
Guide No. 1 on good practices for the implementation of the 1993 Hague Convention establishes that
contracting States are not bound to engage in any particular level of intercountry adoption (see sect.
8.2 on placing limits on intercountry adoption). See https://assets.hcch.net/upload/adoguide_e.pdf.
Defence for Children International, “Preliminary Findings of a Joint Investigation on Independent
Intercountry Adoptions (1991, Geneva).
See https://assets.hcch.net/upload/adoguide_e.pdf.
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