A/HRC/34/55
often based on partial assessments by social workers and amounted to forced or illegal
adoptions.29
38.
Large-scale illegal adoptions have also taken place in the context of conflicts or
authoritarian regimes and their aftermath. 30 During the military dictatorship that ruled
Argentina from 1976 to 1983, for example, the authorities abducted hundreds of children
from parents considered to be opponents of the regime. 31 In most cases, arbitrarily detained
pregnant women had their children removed once they had given birth; in other cases,
children were arrested along with their parents and then separated from them. All the
parents were forcibly disappeared or murdered by the regime. The babies were registered as
the biological children of families close to or linked with the regime or of the individuals
who had abducted them, and in some cases were given up for adoption. The falsification of
documents was widely used to officialize such illegal acts and illicit practices. 32
39.
The above-mentioned motivations for carrying out illegal adoptions often
overlapped, as was notably the case in Spain throughout the Franco regime and during the
first decades of democracy. Indeed, the practice of illegally adopting children for
ideological and religious reasons soon morphed into a profit-driven criminal activity.
Thousands of newborn babies were reportedly abducted from their parents by criminal
networks involved in large-scale illegal adoptions. Medical personnel and clergy members
actively participated in the abduction of children. Newborn babies were abducted from
hospitals and subsequently told that their parents had died. The children were then given to
other parents following the falsification of documents and, in certain cases, payments. 33
Recent cases of large-scale illegal domestic adoptions
40.
Illegal domestic adoptions continue to occur in countries with weak child protection
systems, in much the same way as they used to, in other words with the involvement of
criminal networks and the participation of State officials and targeting vulnerable
populations such as families in economic hardship. In China, there have been several cases
of criminal networks abducting, trafficking and selling babies for the purpose of illegal
adoption. Moreover, there have been reports of family planning officials being involved in
improperly inducing consent from parents in order to sell the children or transfer them for
domestic or international adoption or forced labour.34
41.
In several countries, private and independent adoptions occur legally, in parallel to
State adoptions.35 Because of their private nature and the absence of monitoring, private
adoption procedures are quicker than public ones and are thus often favoured by
prospective parents. Improper financial transactions have become inherent to private and
independent adoptions and have resulted in the development of an adoption market.
42.
There have also been mounting concerns in several countries regarding the practice
of child protection services using the placement of children in alternative care, which may
29
30
31
32
33
34
35
10
See www.narf.org/nill/documents/icwa/federal/lh/hear080477/hear080477.pdf.
For Guatemala, see www.centrodememoriahistorica.gov.co/descargas/guatemala-memoriasilencio/guatemala-memoria-del-silencio.pdf and www.odhag.org.gt/html/Default.htm.
See https://www.abuelas.org.ar/caso/buscar?tipo=2.
See www.cels.org.ar/blogs/2012/Plan%20sistem%C3%A1tico.pdf.
See www.senado.es/legis10/publicaciones/pdf/senado/ds/DS_C_10_178.PDF and
www.poderjudicial.es/search/doAction?action=contentpdf&databasematch=AN&reference=3420935
&links=&optimize=20081127&publicinterface=true.
CRC/C/CHN/CO/3-4.
For Greece, see Katerina Nanou, “The social acceptance of illegal practices in the Greek domestic
adoption system”, Adoption and Fostering Journal, vol. 35, No. 3 (2011), pp. 60-67; and, for Poland,
see http://brpd.gov.pl/aktualnosci/adopcja-ze-wskazaniem-uregulowana.
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