A/HRC/34/55
involve adoption, as an option of first resort, rather than providing the required support to
families.36
3.
Illegal intercountry adoptions
43.
Intercountry adoptions have been fuelled by a demand from prospective adoptive
parents in higher-income countries for children from lower-income countries. That demand
has put major pressure on countries of origin with weak child protection systems and often
led to illegal acts and illicit practices that have resulted in the sale of children and illegal
intercountry adoptions.
44.
In Romania, for example, the fall of the Ceausescu regime was followed by a surge
in the number of intercountry adoptions.37 Widespread illegal adoptions were reported, in
particular through the use of private procedures that targeted children who had not been
placed in institutions. Of note was the rapid development of private adoption agencies,
which were allocated a number of adoptable children depending on the size of their
financial contributions to local child protection authorities. 38 That system amounted to sale
and was further compounded by the direct purchasing of children by intermediaries and the
improper inducement of consent. As a response, national authorities implemented
legislation to limit the number of adoptions on three separate occasions, namely in 1991,
2001 and 2005. That legislation amounted to a moratorium on adoptions. Throughout that
period, external pressures from receiving countries strongly influenced intercountry
adoptions in Romania.39
45.
As the case of Romania demonstrates, one response to deficiencies in the
intercountry adoption procedure has been the provisional suspension of adoptions, often
known as moratoriums. In numerous countries of origin and receiving countries,
moratoriums have been imposed following scandals revealing illegal practices in adoption
procedures. The Hague Conference on Private International Law has noted that many States
have a reactive approach to financial malpractice and abuse in intercountry adoption and
tend to wait until problems are pervasive before addressing them. 40
46.
Certain countries of origin have notably deemed it impossible to ensure probity in
intercountry adoptions under the prevailing conditions and in the face of pressure from
receiving countries, and have responded in a variety of ways. For instance, Paraguay has
decided to apply strictly the principle of subsidiarity after ratifying the 1993 Hague
Convention; since then, it has deemed it unnecessary to process intercountry adoptions.
Several African countries (e.g. Lesotho, Liberia and Togo) have also found it necessary to
suspend intercountry adoptions in order to attempt to resolve serious malpractice. 41 For
their part, receiving countries may decide to impose moratoriums on specific countries of
origin in the light of evidence that widespread irregularities have been taking place. This
has been decided in the cases of Cambodia, Ethiopia, Guatemala, Haiti, India, Nepal and
Uganda.
47.
As a general rule, suspension decisions are unilateral, uncoordinated and often
belated, which reflects the lack of a common understanding (or willingness to implement)
by receiving countries as to what the protection of children’s rights demands in the sphere
36
37
38
39
40
41
See http://assembly.coe.int/nw/xml/XRef/Xref-DocDetails-fr.asp?FileID=21567&lang=fr.
See https://www.unicef-irc.org/publications/pdf/digest4e.pdf.
See https://www.unicef.org/ceecis/UNICEF_ICA_CEE_Guidance_WEB.pdf.
Mariela Neagu, “Children by request: Romania’s children between rights and international politics”,
International Journal of Law, Policy and the Family, vol. 29, No. 2 (2015), pp. 215-236.
See https://assets.hcch.net/upload/wop/factsheet_finasp_en.pdf.
See http://resourcecentre.savethechildren.se/sites/default/files/documents/6520.pdf.
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