Unsuitable international adoptions
Nature: The effect of the institution of full adoption in international legal relationships is to completely break the links of the child with his country of origin and remove all traces of such links. Such adoption gives rise to a series of specific problems concerning the circumstances of the abandonment, the consent to the adoption, the capacity for adoption of the potential adopters, the international competence of the judge making the adoption order, and the reliability of the guarantees offered. At the moment, there are no internationally recognized principles on these various points. The result is that the demand for adoption of foreign children often gives rise to trafficking and international legal abductions. It is also noteworthy that there is an absence of legal cooperation between states to settle these various questions, with the result that the adoption of foreign children is currently settled solely at the domestic level.
Claim: Some prefer to adopt a child from a distant land because they think the child will then never get to meet their natural parents.
Problem Type: E: Emanations of other problems
Date of last update 01.01.1998 – 00:00 CET