A/HRC/34/55 cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child’s country of origin. 20. The 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption develops the principles set out in the Convention on the Rights of the Child, including the principle of subsidiarity. According to article 4 (b) of the 1993 Hague Convention, an adoption shall take place only if the competent authorities of the State of origin have determined, after possibilities for placement of the child within the State of origin have been given due consideration, that an intercountry adoption is in the child’s best interests.11 Even though article 24 (b) of the African Charter on the Rights and Welfare of the Child explicitly requires intercountry adoption to be a measure of last resort, it has been interpreted as meaning that intercountry adoption is generally subsidiary to other alternative means of care. 12 Therefore, all appropriate national alternative care solutions must be given due consideration before resorting to intercountry adoption. 21. The subsidiarity principle must be applied in accordance with the Guidelines for the Alternative Care of Children, 13 which involves supporting efforts to keep children in, or return them to, the care of their family or, failing that, to find another appropriate and permanent solution, including adoption. While looking for permanent solutions, or in cases where they are not possible or are not in the best interests of the child, the most suitable forms of alternative care have to be found.14 States also have the duty, as set out in article 18 of the Convention on the Rights of the Child, to assist parents and legal guardians in the performance of their child-rearing responsibilities, and to ensure the development of institutions, facilities and services for the care of children. 22. The prohibition of improper financial or other gain applies to any activity related to an intercountry adoption. According to article 32 of the 1993 Hague Convention, only costs and expenses, including reasonable professional fees of persons involved in the adoption, may be charged or paid. In addition, the directors, administrators and employees of bodies involved in an adoption shall not receive remuneration which is unreasonably high in relation to services rendered. In line with articles 8 and 11, central authorities must take all appropriate measures to prevent improper financial or other gain in connection with an adoption and accredited bodies must pursue only non-profit objectives, have qualified staff with ethical standards and be supervised.15 The prohibition of improper financial or other gain is also contained in the European Convention on the Adoption of Children (art. 17) and the African Charter on the Rights and Welfare of the Child (art. 24). That prohibition must lead to the criminalization of corruption at any stage of the adoption process, as corruption can lead to the sale of children and illegal adoptions. 16 23. In addition, the 1993 Hague Convention creates safeguards to ensure that intercountry adoptions take place in the best interests of the child and with respect for his or her fundamental rights. It sets a system of cooperation among the contracting States to 11 12 13 14 15 16 6 In relation to subsidiarity, see https://assets.hcch.net/upload/adoguide_e.pdf. See www.scielo.br/scielo.php?pid=S1806-64452009000100005&script=sci_arttext&tlng=en. See General Assembly resolution 64/142, annex, para. 2 (a). Ibid., para. 2 (b). The central authority is the office or body designated by a State party to the 1993 Hague Convention to perform certain mandatory functions in relation to adoption processes. An accredited body is an adoption agency that has been through a process of accreditation in accordance with the 1993 Hague Convention and that performs certain functions in the place of, or in conjunction with, the central authority. For more information on the financial aspects of intercountry adoption, see https://assets.hcch.net/upload/wop/note33fa2015_en.pdf. For offences related to corruption, see chapter III of the United Nations Convention against Corruption.