United Nations Children's Fund International Child Development Centre innocenti digest Florence - Italy

INTERCOUNTRY MAIN ISSUES ▼

INTRODUCTION 2 Historical overview 2 Statistics and flows 3

THE INTERNATIONAL NORMATIVE FRAMEWORK 4 DISCUSSION SITE The United Nations Declaration 4 ➣ The Convention on the Rights of the Child 4 Children and adoption: which The Hague Convention on Intercountry Adoption 5 rights and whose? ABUSES OF INTERCOUNTRY ADOPTION 6 Methods and means 6 Consequences of illegal acts and malpractice for the child 7 LINKS Consequences of abuses for children in general 7 ➣ Central Authorities HIGH-RISK SITUATIONS 7 ➣ Intergovernmental Legislation 8 and non-governmental organizations Courts and administrative structures 8 Child and family welfare policy 8 Private 8 Emergency, conflict and post-conflict situations 9 INFORMATION SOURCES Socio-political upheaval and abrupt economic change 9 Intercountry foster placement and respite care 9 ➣ Selected readings ➣ General references PROMOTING A FAMILY-FOCUSED APPROACH 10 The ‘abandoned’ birthmother 10 Institutionalization and intercountry adoption 10 Family reintegration 11 Domestic adoption 11 CLIPBOARD WHEN THE ANSWER IS INTERCOUNTRY ADOPTION 11 ➣ Articles 20, 21 and 35 of the A synopsis of good practice 11 Convention on the Rights of the Child ➣ MAIN ACTORS 15 Ordering information The Hague Convention protagonists 15 ➣ Past issues Other potential actors 16 ➣ Feedback The Innocenti Digest is compiled by the UNICEF International Child Development Centre to provide reliable and easily accessed infor- mation on a critical children’s rights concern. It is designed as a working tool for executive decision-makers, programme managers and other practitioners in child-related fields. 32 54 The Leysin principles underpinned all subse- The Leysin principles dealing with quent international instruments Conference on Adoption this subject. A World in 1971, in Milan, Italy, and , held attention to the inade- again drew international regulations to safeguard quacy of international interests. the adopted child’s This ‘structural demand’ for children in It was later in the 1970s, however, that seri- however, It was later in the 1970s, step was taken In 1982, an important While demand for children in adoption has continued to rise in the industrialized world, fertility has fallen, and consequently the num- for who can be considered ber of children domestic adoption has declined. Some of the demographic and social changes contributing to these dwindling numbers are the greater availability of contraceptive aids, the legaliza- tion of abortion, the higher workforce partici- pation of women, the postponement of child- de- birth to later ages — and an increasing stigmatization of single motherhood, as well as state support for single in many cases, leading to greatly reduced abandonment rates. adoption in high-income countries has been met with the ‘structural supply’ of children towards promoting internationally recognized of standards for services to ensure the protection children. Professionals from different countries worldwide endorsed the so-called Brighton Guidelines for intercountry adoption, which were based on the draft United Nations Declaration on Foster Placement and Adoption and prepared by various non-governmental organizations (NGOs), notably the International (ICSW) and the Council on Social Welfare (ISS), as well as the International Social Service for Social Development United Nations Centre (The Guidelines were and Humanitarian Affairs. and endorsed during an subsequently revised in 1996.) in ICSW conference ous concerns began to be expressed over the be expressed ous concerns began to from economically ‘mass exportation’ of children full-fledged and clear developing nations. A had become children ‘demand’ for adoptive and was accompanied by apparent in the West throng of agencies and intermedi- an ever-larger aries using more or less acceptable means to sat- isfy it. This trend was partly the result of the coming of age of the ‘baby boom’ generation and a the social pressure exerted on couples to have child. Adoption as a practice had also become more socially acceptable than in the past. page 5) to see adoption applies to adoption is seen as one adoption is an adoption international intercountry domestic Thus, a Brazilian girl adopted by The distinction is made in the 1993 Consultations on such questions were Consultations on such A that involves adoptive parents and a child of the same nationality and the same country of residence. An that involves a change in the child’s habitual country of residence, what- ever the nationality of the adopting parents. An an adoption that involves parents of a nationality other than that of the child, whether or not they reside — and con- tinue to reside — in the child’s habit- ual country of residence. Domestic, intercountry and international adoption Adoption is a welfare and protection measure that enables an orphaned or definitively abandoned child to benefit from a permanent family. The practice of adoption can be subdivided into domestic (or in-country, or national) adoption, intercountry adoption and international adoption: ● ● ● Brazilian citizens living in Italy is involved in an intercountry but not an international adoption. If she were adopted by Italian citizens resident in Brazil, the form of adoption would be international but not intercountry. It would be both international and intercountry if she were adopted by Italian citizens in Italy. Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption ( limit the scope of this instrument to only those adoptions involving the child’s transfer to another country. the ethical issue was raised as to whether it is the ethical issue was raised a child fromdesirable to remove his or her provide necessary assis- country rather than to the spot. tance and protection on the international level in already taking place at a seminar on inter- the mid-1950s. In 1960, organized in Leysin, country adoption, the auspices of the Switzerland, under United Nations, formu- European Office of the in this sphere. lated the first set of principles there- , Digest looks at intercountry adoption as looks at intercountry Digest The Korean War in the 1950s created a in the 1950s The Korean War concerns about intercountry adop- Initially, ▼ NTRODUCTION fore, sets out to identify abuses of inter- fore, sets out to identify well as the measurescountry adoption as to required to combat such violations and uphold ‘best practice’ in this sphere. Discussion of arguments for or against the concept or practice of intercountry adoption falls beyond its scope. Historical overview in When it first began to be practised widely, inter- War, the aftermath of the Second World country adoption was an ad hoc humanitarian response to the situation of children orphaned States mainly, Families in the United by war. but also in Canada, Australia and Europe, Italy and Germany, adopted orphans from Greece, all countries where emergency situa- extent, children a lesser tions prevailed. To were also adopted from and Japan. new generation of abandoned or orphaned children welcomed into adoptive homes in the Many of these children were Amerasians, West. fathered and left behind by U.S. servicemen. with their mothers, they faced severe Together in their homelands, as did their In counterparts a decade or so later. Vietnamese the late 1960s, adoption became tinged with the ideology of ‘solidarity with the Third then current in industrialized countries, World’ implying practical manifestations of sharing facing the newly responsibility for the burden decolonized nations. tion were linked mainly to problems arising from the different legal systems in receiving countries and countries of origin. Also of con- cern were the perceived problems of adjust- ment of the children in their new environment and the ability of the adoptive parents to meet their special needs in this regard. Increasingly, This solutions for chil- one of a series of possible with their families. dren unable to live Broadly accepted international instruments under which inter- specify the conditions be undertaken if the country adoption is to of the children con- rights and best interests protected and fully cerned are to be substantial efforts are respected. Although the standards and being made to implement practices are often in procedures set, current This violation of these norms. I

Innocenti Digest 4 - Intercountry Adoption 2 Main issues Main Intercountry AdoptionSweden and

Innocenti Digest 4 - 3 97869 ** Main issues Main Ministère des Affaires Etrangères, 1998; Other major receiving 89 Ministry of Justice, May 1998; France, U.S. State Department, Bureau of Consular Affairs, tics on intercountry adoption was not central- adoption was tics on intercountry data (Belgium, Switzerland), ized. In others high as they related to were probably slightly for adoption pur- the number of visas granted number of children poses rather than the actual Statistics were not avail- adopted from abroad. countries receiving able at all in some other only available for (Israel), or were apparently Canada). Some certain provinces (Quebec, no breakdown by countries (Finland) had countries were even country of origin. Sending countries to have reli- less likely than receiving able and complete statistics. USA: Today as in the past, the is as in the past, the United Today Links are frequently formed between certain Netherlands: the world’s foremost receiving country of for- foremost receiving country the world’s responsible for roughly eign adoptive children, (It does not, however, half of all adoptions. have the greatest number of foreign adopted a children per capita, a record held by Sweden, of country of 8.8 million, which since the end the 1960s has received some 40,000 foreign children). According to official data, U.S. par- foreign children in ents adopted 85% more 1997 than they did in 1993 (13,620 compared with 7,377), with a total of more than 50,000 foreign adoptions over the period. (At the same time, every year some 500 U.S. children — most of them African American — are reportedly adopted by families in Australia, Europe. Because the Canada and Western United States has no exit-visa requirements and therefore cannot keep count, the number could be far higher.) sending and receiving countries. Official data countries. Official sending and receiving countries are Canada, France, Italy, the countries are Canada, France, Italy, Netherlands, Sweden and Switzerland. As data from seven major receiving countries show, trend in the there has been a clear upward annual numbers of intercountry adoption over the 1993-1997 period. 1993 1994 1995 1996 1997 1993-7 16027 17459 19111 22073 23199 Ministry of Community and Social Services, 1998; International Social Service, Geneva, 1998; Canada: Ministero di Grazia e Giustizia, June 1998; Kane encountered serious difficulties in CanadaFranceItalyNetherlandsSweden 1740SwitzerlandUSA 2783 574Total 2045 1696 923 3075 934 594 2022 1712 3028 741 7377 959 2064 661 2161 3666 8333 *1799 665 895 704 2649 **9670 3528 9679 742 908 2019 16080 666 11340 10237 733 13620 3199 834 50349 3804 4530 July 1998. Switzerland, Italy, * Data for 1997 are preliminary. ** Considering that data for Canada are incomplete, the total figure should be higher. Sources: The Upward Trend in Intercountry Adoption, Examples of Some Major Receiving Countries 1993-1997 written by S. L. Kane and published in 1993, found that “at least” 170,000-180,000 children were involved in intercountry adoption in the 1980-1989 period. Intercountry adoption over all that decade increased by 62%, and 90% of children were drawn from only 10 countries. At the same time, the number of sending coun- tries had jumped from 22 in 1980 to an aston- The major sending ishing 68 a decade later. region was Asia, followed by South America. The country that had sent the most children abroad was , which had recorded 61,235 adoptions in the period, followed by India (15,325) and Colombia (14,837). quantifying intercountry adoptions. In several receiving countries (Austria, Ireland, Germany, the United Kingdom), the collection of statis- In 72 the simplest response to a child in need of care and protection, in need of care and response to a child the simplest seeking to gauge 39 in certain forms, a socio-legal process where a person, generally a rela- process where a person, generally in certain forms, a socio-legal adoption can be ‘simple’, in which case the child maintains some financial adoption can be ‘simple’, in which case an authorized placement with a ‘foster’ family, supervised by the social services with a ‘foster’ family, supervised by the an authorized placement a form of care under Islamic Law, recognized by legal act and considered defin- Islamic Law, recognized by legal act and a form of care under Intercountry adoption, therefore, has come and usually involving financial compensation to cover the additional expenses incurred. financial compensation to cover the additional and usually involving family, nor does he or child does not take the name of the host itive. Under kafala, the Law whereby blood ties rights, reflecting the precept of Islamic she acquire inheritance cannot be modified. Fostering: Guardianship: or her property until the take responsibility for the child and his tive, is appointed to of majority. child reaches the age Kafala: Adoption: (for instance, inheritance rights) and may even and legal ties with his or her birth family adoptions today, however, are ‘full’, which retain their name. The vast majority of terminate the relationship between the means that they irrevocably and completely create in its place an analogous relationship child and his or her birthparents, and between the child and the adoptive parents. Institutional placement: Institutional set in place, because due no viable alternatives have been usually carried out because specialized care is of existing alternatives, or because ongoing account is not taken required. ● ● ● ● Child welfare measures Child welfare family is family or extended and support, a child’s appropriate assistance If, despite care needs to a form of alternative child’s development, to ensure the unable or unwilling which can include: be found, ● Statistics and flows The only identified study ‘available’ for adoption abroad in low-income ‘available’ for adoption abroad ones. Over the last several decades, increasing numbers of children have been abandoned and orphaned in the developing world in the wake of socio-economic change, especially the rapid urbanization in Latin America, Africa and cer- tain Asian countries; the upheavals in Central and Eastern Europe; and the wars, ethnic con- popula- flicts and natural disasters that affect tions in different parts of the world. of to represent in many ways the convergence ‘demand’ and ‘supply’. One of the more recent of concrete expressions of this lies in the use the Internet to promote adoption in ways that as often involve the marketing of children — well as spawning private adoptions and offering The ‘shortcuts’ to the legal adoption process. “language of economics” has, therefore, “made once purely a its appearance”, transforming humanitarian measure into “a more complex and controversial social phenomenon”. the global incidence of intercountry adoption, other words, intercountry adoption, which should be viewed as one option among a series of child welfare measures for an individual and protection, is no child in need of care longer always the purely child welfare measure it was originally intended to be. In a certain number of cases, instead, it has become a lucra- sometimes involving tive profit-making activity, in major financial interests and its own lobby, which children are treated as commodities. de facto ● At the time, a ten-month At the time, back cover). The original draft of 57 see Romania It sets out the main concerns as essentially If a child cannot be placed in a foster or an adoptive family or cannot in any suitable of ori- for in the country manner be cared gin, intercountry adoption may be consid- ered as an alternative means of providing the child with a family (Art. 17). Off Our Babies’, claimed she would halt all claimed she would Off Our Babies’, even country, adoptions from her intercountry involved were numbers of children though the still modest. The United Nations Declaration on The 1986 United Nations Declaration Social and Legal Principles Relating to the of Children, with Protection and Welfare Special Reference to Foster Placement and Adoption, Nationally and Internationally (the United Nations Declaration) states that, The Convention on the Rights of the Child The provision of the 1989 United Nations Convention on the Rights of the Child (CRC) specifically dealing with adoption is Article 21, which sets out the basic princi- ples to be followed when considering adoption for a domestic and intercountry child ( to ensure adequate counselling of all directly involved and professional observation of the relationship between the child and the prospective adoptive parents before the adoption takes place. The Declaration, more- of abduction and stresses prevention over, improper financial gain, as well as protection legal and social interests. of the child’s to it contains no references Interestingly, such phenomena in relation to domestic adoption. moratorium was already in effect, which ended was already in effect, moratorium signed President Shevardnadze in theory when adoptions on a new law on international October 17, 1997. Uncertainty over adoption delayed implementation procedures, however, months. of the new law for several RAMEWORK F Bulgaria Romania Russia

in June 1997 entitled ‘Hands 1997

NTERNATIONAL

1996

I 1995 ORMATIVE New York Times New York HE Reactions to the climbing numbers were to the climbing numbers Reactions ▼

onward, there has been a noticeable increase in has been a noticeable onward, there in the adoption in other countries intercountry Russia. as Bulgaria and, especially, region such 1994 (1991-1992), State Party report to the Committee on the Rights of the Child. T N Although a quantitatively minor phenome- non when compared, for example, with other child welfare measures, intercountry of adoption has provoked a great deal attention in international legal circles, which is indicative of the importance and fundamental nature of the qualitative of problems involved. The development international law on this question has also of reflected the rapidly increasing level preoccupation about the large-scale of abuses of the spirit and procedures intercountry adoption. In addition to the many agreements and con- ventions that exist at the regional level, particu- larly in Latin America and in Europe, a number of international declarations (which are legally non-binding) and conventions (which are bind- ing) set out principles and standards regarding intercountry adoption. The principal ones are discussed below. sometimes fierce. In 1992, Dr. Alexandra fierce. In 1992, Dr. sometimes then head of the governmentalZugravescu, for Adoption, called the Romanian Committee from her country massive outflow of children First Shevardnadze, “a national tragedy”. Mrs. article that appeared in Lady of Georgia, in an the

Russia 1993

1992 1991

85

1990 1989 0 United Nations Children’s Fund, International Child Development Centre, TransMonee database, except for 8000 6000 4000 2000 Intercountry adoption was extremely rare The adoption policy of given countries of The adoption policy Intercountry Adoption 1989-1997, Bulgaria, Romania and Russia Source: (1989-1994), Central Romanian Authority; and show, for instance, that from 1993 to 1997 U.S. instance, that from 1993 for show, to Russia for to look principally families tended followed by adoption (10,442), children in Recently, and Korea (8,406). China (10,177) other coun- Colombia to all Spain has preferred strong ties although it maintains tries of origin, instead, over China as well. Italy with India and adopted foreign children the 1993-1997 period, Brazil and Russia. Some mainly from Romania, is evident between Asian intercountry adoption being the adoption of countries, one example Thai children by Malaysians. during Socialist regimes, and was practically during Socialist regimes, a nonexistent in countries that were to see surge of adoption during the 1990s ‘transition’. In Albania, faced with abuses of a small but adop- unprecedented number of intercountry tions, the President took rapid action, pro- hibiting all foreign adoptions in mid-March in 1992 and requesting international assistance drafting new laws. The situation was far more dramatic in Romania: a country that had regis- tered fewer that than 30 intercountry adop- tions in 1989 witnessed the departure of more than 10,000 children from January 1990 until July 1991, when the President of Romania called a moratorium (which was to last nine months) because of the abuses and trafficking this point that were taking place. From origin varies with the political and economic origin varies with the on intercountry situation. Often moratoriums allow for investigation of adoption are called to of an adequate abuses or the establishment latest example is the sus- legal framework. (The pension of all adoptions from Guatemala, announced in December 1998 following widely publicized allegations of adoption fraud.) to When borders are closed, demand tends shift to other countries, a pattern particularly evident in Central and Eastern Europe.

Innocenti Digest 4 - Intercountry Adoption 4 Main issues Main Main issues this article began with the obligation of protection and assistance provided by the is that adoption is not an individual affair, States parties to “facilitate” adoption. By the State” (i.e. the State in which the child has which can be left exclusively to the child’s time the text of the article came up for a sec- been living) (Art. 20.1). birthparents or legal guardians, or to the ond reading, however, the United Nations prospective adoptive parents or other interme- Declaration had been approved and the diaries, but rather a social and legal measure 1980s had provided an unprecedented num- The Hague Convention for the protection of children. Consequently, ber of examples of gross abuses of intercoun- on Intercountry Adoption procedures for intercountry adoption should try adoption practice. The result was that in ultimately be the responsibility of the States The Hague Convention on Protection of its final version, although Article 21 recog- involved, which must guarantee that adoption Children and Cooperation in Respect of nizes “that inter-country adoption may be corresponds to the child’s best interests and Intercountry Adoption (the Hague considered as an alternative means of child’s respects his or her fundamental rights. Convention) was adopted on 29 May 1993 care”, its original wording was changed com- The Hague Convention essentially turns the and entered into force on 1 May 1995. More pletely to stress the State party’s duty to ‘principle’ of subsidiarity into a rule, recogniz- than 60 countries and about 10 international “ensure that the best interests of the child” ing that “intercountry adoption may offer the NGOs took part in its drafting. It has as its are “the paramount consideration” in any advantage of a permanent family to a child for principal objectives: adoption and that safeguards and procedures whom a suitable family cannot be found in his or her are fully respected. It is important to note State of Origin” (emphasis added). This (a) to establish safeguards to ensure that that this is the only place in the CRC where Convention reflects an internationally recom- intercountry adoptions take place in the the best interests of the child are ‘the’, and mended policy concerning different child care best interests of the child and with respect not just ‘a’, primary consideration. measures, which — while recognizing that for his or her fundamental rights as recog- Article 21 is by no means the only provi- each child is special and that decisions affect- nized in international law; sion in the CRC with direct relevance to ing the child’s life must be based on a full (b) to establish a system of cooperation intercountry adoption, however. Thus, Article respect for his or her uniqueness — sets out the amongst Contracting States to ensure that 35 specifically provides that there must be following hierarchy of options, generally held to those safeguards are respected and thereby adequate protection from sale, trafficking and safeguard the long-term “best interests” of the prevent the abduction, the sale of, or traffic abduction of children. More broadly, Article 8 child: in children; recognizes the child’s right from birth to an ● family solutions (return to the birth family, fos- identity (name, nationality and family rela- (c) to secure the recognition in Contracting ter care, adoption) should generally be pre- tions) and to protection from being unlawfully States of adoptions made in accordance ferred to institutional placement; deprived of that identity. Article 7 establishes with the Convention (Article 1). ● permanent solutions (return to the birth fam- “as far as possible, the right to know and be ily, adoption) should be preferred to provi- cared for by his or her parents”. Article 12 The Hague Convention was therefore sional ones (institutional placement, foster stipulates the child’s right to have his or her designed principally to set up a mechanism for care); views respected and to be heard in any judi- international cooperation to give practical ● national solutions (return to birth family, national adoption) should be preferred to cial or administrative proceedings affecting effect to the CRC provisions relating to inter- international ones (intercountry adoption). the child. Article 20.3 stresses that when deci- country adoption. (See pages 11, 14-15 for a sions are made about alternative care “due more detailed discussion.) It provides for responsibilities and tasks to be shared between As at 24 November 1998, there were 28 regard shall be paid to the desirability of con- Contracting States and a further 11 that had tinuity in a child’s upbringing and to the the States of origin and the receiving States, while respecting organizational diversities and indicated their intention of ratifying by signing child’s ethnic, religious, cultural and linguistic the treaty. ● background”. national legislation. One of its basic premises Article 25 on the need for periodic review of placement is also relevant since many chil- Contracting States of the Hague Convention on Protection of Children dren potentially eligible for adoption live in and Cooperation in Respect of Intercountry Adoption or other institutions, where they very often languish or are ‘forgotten’ until adulthood. A periodic review of the child’s Sixteen ‘sending’ countries ( â) and 12 receiving countries (á ) had ratified placement will ensure that, at the earliest possi- or acceded to the Hague Convention as of 24 November 1998. ble time, decisions are taken by parents, guardians or the competent authorities relative Andorra á Costa Rica â Mexico â Philippines â to the child’s reunification with his or her birth Australia á Denmark á Moldova â Poland â Innocenti Digest 4 - family or extended family or permanent care by Burkina Faso â Ecuador â Netherlands á Romania â an adoptive family. Burundi â El Salvador â New Zealand á Spain á The CRC envisages intercountry adoption Canada á Finland á Norway á Sri Lanka â only when it has been established that no Intercountry Adoption substitute family or other suitable caring envi- Colombia â France á Paraguay â Sweden á ronment is available in the child’s country of Cyprus á Lithuania â Peru â Venezuela â origin. This ‘subsidiarity’ principle corre- sponds to the right of the child “deprived of Source: http: //www.hcch.net his or her family environment . . . to special 5 Main issues

and 1994, admitted in one interview to giving ▼ orphanages medical supplies, clothing, toys and food. Rather than simply offering money, she asked what people needed: “Then they ABUSES OF INTERCOUNTRY ADOPTION feel good”, she claimed.”They don’t feel they’re selling the children.” 84 During the adoption process, violations of among the major methods whose use, singly or ● Offering women financial incentives to con- the most basic rights of the child can occur. in various combinations, has been documented ceive a child specifically for adoption abroad. These violations are often perpetrated to date: ● Providing deliberately misleading informa- under the cover of the supposedly humani- tion to the birthparents on the consequences tarian aim of the act and ‘justified’ by the Seeking changes in policy or practice of adoption in order to obtain their consent, simplistic view that a child will somehow ● Attempts to persuade the competent national e.g. assuring them, or allowing them to authorities to release more children for adop- believe, that they will be able to maintain always be ‘better off’ in a materially rich links with, or receive news of, the child once country. Illegal acts and malpractice can tion or to make exceptions to certain laws or procedures in specific cases. Such attempts the adoption takes place. In countries where involve criminal networks, intermediaries of simple adoption is the norm (for example, all kinds, and couples prepared to carry may go as far as applying highly questionable political and economic pressures. Korea), it is easy to deceive parents in this out, be accomplice to, tolerate, or simply way. ignore abuses in order to secure an adop- ● Providing false information to prospective Illegally obtaining children for adoption tion. The diversity of the methods used, adopters. The U.S. Bureau of Consular ● Abduction of babies and infants by a variety Affairs, for instance, cautions that one of the and the wide range of actors that may play of methods, ranging from simply kidnapping a role, demonstrate the vastness of the task most common adoption ‘frauds’ involves the child in the local marketplace to organiz- intermediaries who offer a supposedly of protecting the rights of the child in inter- ing his or her abduction by a ‘baby-sitter’. To country adoption. The challenge is all the healthy child for adoption knowing that the cite just one example, in Honduras in 1992, child is seriously ill. 98 greater in that, in many if not most cases, senior government officials reportedly acted the resulting adoption bears all the hall- as receivers for infants abducted from poor Illegally securing permission to adopt 10 marks of a perfectly legal procedure. families, hid the infants in ‘fattening centres’ ● Falsifying, or falsely obtaining, certificates of (including one official’s own home), and after aptitude to adopt that are accepted by the “Adoption for commercial purposes”— clearly a a safe interval, sold them to foreign couples authorities in the country of origin of the misnomer, since it is of course the procedure, for $5,000 each. The scandal led the child to be adopted. Government to call an immediate halt to ● Corruption of local or central officials and not the purpose, that is “commercial”— is an 81 area monitored by the Special Rapporteur of the intercountry adoptions. judges in order to obtain favourable deci- ● Identifying potentially vulnerable mothers — sions. Corrupt judges may, for example, United Nations Commission on Human Rights especially adolescent single mothers — and on the sale of children, child prostitution and accept false documents purporting to contain inciting them to give up their future or new- the consent of the birthparents. child pornography. Child trafficking often born baby. This pressure may be exerted involves the collusion of a large network of indi- before the birth, at the maternity clinic or viduals (typically unknown to one another), Illegally avoiding the adoption process hospital or else in the institution. In some ● Making false birth or paternity declarations. who can range from ‘spotters’ on the lookout for cases, it is ostensibly founded on the moral or Relatives or ‘fake’ mothers sometimes relin- pregnant girls; to hospital personnel, doctors religious opinion that a who has a quish a child they are temporarily caring for, and midwives; to birth registrars, lawyers and child out of wedlock is not the most suitable pretending to be the birthparents. In other passport and visa officials. This long chain of person to bring up a child properly; in oth- instances, both the birthmother and the corruption can extend to receiving countries, ers, on the conviction that the child will nec- prospective adoptive parents play an active where intermediaries are available to place the essarily be better off with a couple, especially role, as when, through prearranged agree- trafficked children. A 1994 report emphasized if they are wealthier. Such pressure is some- ment, the birthmother registers in the hospi- the clandestine market that had grown up times reinforced by the offer of free pre- and tal in the prospective adoptive mother’s post-natal care. around intercountry adoption in several former name or assigns paternity to the prospective ● Falsely informing the mother that her baby Communist countries. Reports of trafficking also adoptive father, in both cases eliminating was stillborn or died shortly after birth in altogether the need for an official act of came from Turkey and Greece, 94 from Jordan order to enable the child’s anonymous adoption. and from various countries in Latin America. removal from the maternity clinic. ● Taking a child through a third country. One ● Exchange of a child for financial or material example from the early 1990s concerned rewards going to the family, the director or

Innocenti Digest 4 - couples from Ireland who had not followed Methods and means staff of an institution, or sometimes to the all legal channels when attempting to adopt As concern over non-respect for standards institution itself. Among many possible exam- Romanian children and therefore had ples, in Albania in 1992, one international grows and legal and procedural loopholes are brought them home via England. Since they mission found evidence of children being were in transit in England, they were not

Intercountry Adoption gradually eliminated, so new methods are handed over by birthparents in exchange for checked there, and there are no systematic employed to circumvent established norms and consumer goods (television sets, cameras, border controls between England and laws in response to the continuing high watches) or money. 69 Equally, a Washington- Ireland. The families then eventually sought demand for children in adoption. It would based intermediary, responsible for ‘facilitat- to register the adoption with the Irish author- therefore be impossible to give a comprehen- ing’ the entry of more than 600 Russian ities, assuming, erroneously, that it would be 6 sive listing of abuses, but the following are orphans into the United States between 1992 seen as a ‘fait accompli’. Intercountry Adoption

Innocenti Digest 4 - 7 ● Main issues Main First and foremost, allowing such actions to First and foremost, allowing Second, the existence of significant numbers scandals erupt, when adoption Additionally, Consequences of abuses of abuses Consequences in general for children abusive actions in adop- The consequences of the individual child tion reach far beyond directly concerned. worse, even them or, persist either by ignoring as being essentially attempting to justify them best interests’, perpetuates the ‘in the child’s decisions about chil-idea that fundamental to lives can be made without reference dren’s with at whim, and often in connection the law, to boot. It thus reflects financial consideration a general attitude towards children that is in the very essence of the total contradiction with Convention on the Rights of the Child. their own or, in some cases, have been quite sim- been quite cases, have in some or, their own to their country of origin. ply returned adoptions and during periods of armed con- flict, natural disasters, socio-political upheaval and economic crisis. Intercountry foster placement and respite care, a new and largely unregulated phenomenon, also pre- sents serious risks. it is not unusual for countries of origin to pro- a measure hibit intercountry adoption entirely, that may adversely affect children properly identified as requiring this form of care. This is especially significant in countries where there is a stigma attached to adoption. Advocacy efforts aimed at creating a more positive envi- ronment for domestic adoptions in these coun- tries are likely to suffer a setback when irregu- larities are uncovered, which will result in more children being kept in institutionalized care. of abusive intercountry adoptions potentially affects all children who have been, or are at risk of being, abandoned in the country in question. In a context of irregular adoptions, institutions are likely to thrive whose main, or even sole, adoptions, and function is to expedite foreign whose funding is directly proportionate to the number of children ‘processed’. These so-called orphanages have few incentives to look for when so much domestic solutions for children They can be gained by sending them abroad. may make only halfhearted efforts to find the or neglect to ascertain natural family, child’s whether or not the child had been placed in care temporarily because of an emergency situation. 85 ITUATIONS S 43 ISK -R IGH ▼ National identities may also be unclear in National identities may The fate of children who are disabled or seri- Children brought into a country illegally — Children brought into H ents, mainly from the United States, while the States, while the United from ents, mainly most of the intermediaries pocketed enterprising this the Government dismantled fees paid. When over the difficulties arose particular operation, involved, who of the children national identities mothers. Hungary but of foreign were born in as was the case, mentioned earlier, of some earlier, as was the case, mentioned Ireland — will often find Romanian children in If they have lost their themselves in a ‘limbo’. of the adoption a result original nationality as country — one not procedure in their birth country because of recognized in the receiving be faced with the pre- irregularities — they will cariousness of statelessness. case of adoption , which is more likely case of adoption disruption, such as counseling for the when safeguards prospective adoptive parents, homestudies and with families, are careful matching of children not respected. A study of 57 unsuccessful inter- in country adoptions in Switzerland found that more that half of the cases the child had never acquired Swiss citizenship, which is granted in only after a two-year probationary period cases of intercountry adoption. For one former ‘street child’, adopted in Colombia by a Swiss family when he was 10 but then, given unresolv- able conflicts, placed in an institution, this in meant that even after 13 years of residence Switzerland, he could not be covered by acci- dent insurance or considered for apprenticeships he and would likely remain a ‘foreigner’ in what had come to consider his homeland. His applica- tion for was refused on the grounds that he had contracted debts and come into conflict with the law. by HIV/AIDS ously ill (especially those affected and other incurable diseases) has often been tragic. In some cases, they were presented as healthy children to their prospective adoptive aware of the parents; in others, the adopters were counsel- special needs but, not having received ing or gone through the matching process, had not realized the caring implications. Many such children have been rejected and either have ended up in institutions in countries far from 72 This 34 Abuses in intercountry adoption are, not sur- more likely in countries where prisingly, there are no effective legislation and admin- istrative structures and/or no coherent and workable child and family welfare policy. Abuses are especially prevalent in ‘private’ These children and others like them 55 The child’s right to an identity implicitly right to an identity The child’s are resorted to Whenever illegal procedures The child’s national identity is also at risk. national The child’s It is increasingly being acknowledged that Consequences of illegal acts of illegal Consequences child for the and malpractice of the child respect for the rights Demanding a moral adoptions is not simply in intercountry ramifi- end in itself. The practical stance or an have for the child can be cations that violations adoptions that devastating. While intercountry or malpractice are not have involved illegal acts of failure,bound to fail, the risks sooner or do increase very significantly. later, truth about his or her includes the right to the Article 30 of the Hague own history. States to pre- Convention requires Contracting ori- the child’s serve “information concerning to this information “in gin” and to permit access the law of that State”. so far as is permitted by during the process of intercountry adoption, identity is likely to be jeopardized. the child’s In cases of child trafficking, for example, fami- knowledge about the abducted children’s lies, their ethnic roots and their medical histo- try ries are forever lost. Often child traffickers to cover their tracks by moving kidnapped chil- for dren to other countries before arranging their adoption abroad. Hence, one report describes a criminal ring that kidnapped Guatemalan children, obtained forged birth certificates and passports, transported the chil- dren to El Salvador and Honduras, and from there arranged for their adoption in third coun- tries. Cases have been reported of the ‘export’ of preg- nant women to countries where procedures are lax. One example, in the early 1990s, was a crim- inal ring that brought Romanian, Albanian, and other nationals to Budapest, Yugoslav to give birth. Mothers relinquished Hungary, their newborn children to waiting foreign par- will never know anything about their origins, not even where they were born. past being barred from knowledge about one’s can have a negative effect. Research has shown that many adopted children need to know as much as possible about their real identity in order to build balanced personalities. greater awareness has led to more openness family background. about the adoptive child’s In some countries, records have been unsealed. Indeed, small but growing numbers of adoptive parents establish and maintain communication with birthparents (including visitation rights). This new practice, known as ‘open’ adoption as opposed to ‘exclusive’ adoption, is especially viable in the case of older adoptive children. arranged not 72 arranged through the not arranged through the not prospective adoptive parents against ‘con artists’ prospective adoptive parents fees of more than $500, who demand ‘up-front’ suggest travel before a claim to know ‘shortcuts’, or exert pressures to child has been assigned, of a consistent ‘down ‘reserve’ a child by means payment’. Prepayment for nonexistent or ineli- Prepayment 83 An agency can be: Therefore, in some countries, a ‘private Since two Governments are involved, the Government or a subsidiary of the Government a private agency licensed by or under authority of the Government a private agency or other intermediary not licensed by the Government. In many cases, it appears, ‘private’ adoptions In many cases, it appears, Private adoptions versus agency adoptions A distinction is generally made between ‘private’ adoptions (also known as ‘independent’, ‘direct’, ‘non-agency’ or ‘parent-initiated’ adoptions) and ‘agency’ adoptions. The meaning of these two terms varies significantly from country to country, depending on what the concept of ‘agency’ is in a given context. ● ● ● a number of hybrids are possible. One example could be adoptions that are handled by a State-licensed agency in the receiving country but that involve non- licensed intermediaries in the country of origin. adoption’ would be one through the Government. In others, it would be one Government or an agency licensed by the Government. In others still, it would be an adoption Government or any kind of agency (whether licensed or not). are initiated precisely because of the strict proce- are initiated precisely because to intercountry adoptions. dures that are applied for persons whom adop-They can be arranged deemed unsuitable as tion agencies have for whatever rea- prospective adoptive parents, months or years for a son, or who refuse to wait to them through official child to be allocated some groups to claim that channels. This has led and regulation that it is excessive bureaucracy trade’, and that therefore foster the ‘underground should be relaxed. the procedures and safeguards It is important that the prospective adoptive par- ents be helped to understand that the procedures of are designed to protect the interests and rights the children, not as arbitrary to adop- obstacles that “adop- tion. They should also never forget gible children is a common adoption fraud. gible children is a common A 97 Judges also tend to be too 75 55 tives where or to make appropriate needed, counselling and reports, preparations, including is envisaged. when an adoption procedure When prospective adoptive parents decide Flagrantly inadequate efforts to trace families Flagrantly inadequate efforts and are in good health to the private homes — in and are in good health to the private homes — other words, those children for interna- suitable tional adoption.” Guatemalan couples are auto- matically turned down when they apply to these homes, given their obvious inability to compete with foreign ‘clients’. Private adoptions Although adoptions carried out through accred- as ited or official agencies cannot be guaranteed being totally abuse-free, it seems clear that by far the worst and most frequent problems arise in the context of ‘private’ adoptions. The Committee on the Rights of the Child, the body responsible for monitoring compliance with the CRC, has fre- quently made this distinction. Reviewing the ini- for instance, it urged that, tial report of Paraguay, considering the many abuses that had occurred, including the sale of children, authority for inter- national adoption “must be centralized and not left in the hands of profit-seeking lawyers”. Child and family Child and welfare policy is no official policy that In countries where there the child in his or actively promotes maintaining support to the family including her birth family, to the consequent recourse where necessary, ‘acceptability’ of available abandonment and the constitute clear dangers forms of substitute care adoption. in terms of abuses of intercountry to act directly — or more usually through inter- — the possibilities mediaries such as law firms for enforcing safeguards are dramatically reduced. They also run serious risks themselves. A 1993 article in a U.S. newspaper warned of lost or abandoned children and failure to con- of lost or abandoned children opportunitiessider local adoption are also In symptomatic of a corrupt adoption system. Guatemala, a sharp decrease in the number of to children sent to state homes was attributed the “subjective criteria” used in child placement: do “In general, judges send those children who not have families, are under the age of two years hasty in declaring a child abandoned, not giving an enough consideration to the difficulties in impoverished mother may be experiencing home. travelling to and from the children’s 94 Russian newspaper discussing the various possi- bilities that exist for corruption concludes that it is hard to know the facts since much of what goes on is a “private affair”. for an abandoned child 88 In many countries, there are no in loco parentis 93 Legislation is often lacking in a wide range of Legislation is also vital for establishing criteria But it is not only the strictly-defined field of But it is not only the strictly-defined Courts and administrative structures The absence or insufficiency of courts and administrative services in a position to ensure the proper implementation of enacted legislation sig- nificantly increases risk. In some countries, judi- cial systems are so overloaded that the court decision on an intercountry adoption is reduced than a care- exercise rather to a rubber-stamping ful examination of the situation and documenta- tion. There may be no judges with special com- social service petence in this sphere. Equally, departments may be unable to carry out the tasks necessary to help children remain with their fam- ilies wherever possible, to identify local alterna- Legislation — base is fundamental A sound legislative not sufficientthough of course — for prevent- Children in intercountry adoption. ing abuses of non- are provisions legislative countries where with gaps and or plagued existent, inadequate special risk. The absence loopholes are clearly at in many former of relevant legislation thus created a climate Communist countries and other abuses: favourable to child trafficking Bulgaria, Latvia and in the early 1990s, Albania, had no legal provisions Poland, among others, intercountry adoption. specifically regulating other fields with a more or less direct effect on other fields with a more or less direct effect adoption, including povertyalleviation pro- for grammes, child care arrangements of hospitals, parents/mothers, and regulation clinics, homes for single mothers, maternity homes. homes and children’s adoption itself — both domestic and intercoun-adoption itself — both Children regulated by law. try — that needs to be who do not legally exist are especially vulnerable yet to child trafficking and illegal adoption, every year as many as 40 according to UNICEF, are million infants, about one third of all births, not registered. of on what constitutes abandonment on the part a parent, setting a period during which the par- ent(s) may reconsider their decision, and stipulat- ing the procedure to be followed. Responsibilities and decision-making rights of the person or insti- tution acting also need to be clarified in law. laws making birth registration compulsory. In laws making birth registration compulsory. extreme cases, such as Bangladesh, no more than 3 per cent of births It is claimed are registered. number of non-registered the that in Venezuela children stands at 400,000. Innocenti Digest 4 - Intercountry Adoption 8 Main issues Main Intercountry Adoption

Innocenti Digest 4 - 9 Main issues Main These may be chil- 73 45 , is that intercountry foster placement The new Hague Convention of 19 October Intercountry foster placement has grown over foster placement has Intercountry some years, currently involving the past few a year (in Italy of children tens of thousands were received dur- alone, some 60,000 children ing the summer of 1997). Intercountry foster Intercountry care and respite placement 1996 on the Protection of Children contains Digest Placing a child with a family living in Placing a child with A major risk is represented by the fact that, dren living in institutions, children with rela- children dren living in institutions, or child victims tively severe medical problems other disasters. Children of armed conflicts and Europe — from from Central and Eastern the Chernobyl disaster, orphanages, victims of by war in ex- and children threatened — have been particularly prevalent. Yugoslavia another country is generally a temporary mea- another country is generally It has the advantage of sure for a set period. offering the child a period away from the prob- lem environment of his or her everyday life, enabling the child to regain physical and psy- chological strength or to receive needed med- ical care. It has the drawback of returning the child to that very same problem environment or after he or she has experienced several weeks months of a very different, ostensibly more favourable, way of living. This can create unease in the child and may prove more harm- The ful than the benefits of the stay abroad. return with a low for example, child may, esteem for his or her parents, their traditional way of thinking and doing things, and their inability to provideof lifestyle the the kind child has known abroad. at present, in most receiving countries interna- tional fostering is organized by volunteer groups. It does not benefit from the same safe- it guards as national fostering does, nor does receive the kind of attention it merits from local authorities. Foster families receiving chil- dren from abroad are, in general, not scrupu- in lously screened or given any prior training fostering, or any supervision during fostering. Often families merely and a child is ‘sign up’ assigned to them on the basis of their ranking on a list. A further risk, particularly relevant to this is sometimes used to circumvent part of the normal legal procedures for intercountry adop- tion: the child does not go back to his or her home country once the scheduled stay is over, and the host family embarks on adoption pro- ceedings in their country of residence. In such a situation, the child can continue to live with to parents who may even be found, eventually, be ‘unsuitable’. 80 79 - all reasonable measures have been - all reasonable measures - the repatriation of the child to his or - the repatriation of the An upturn in the economy may also spark taken in order to trace and reunite the taken in order to trace parentschild with his or her or family is separated from members where the child them; and of such reunion, for purposes her country, would not be feasible or desirable, because of the fact that the child cannot receive appropriate care, or benefit from satisfac- tory protection, in that country. Socio-political upheaval and abrupt economic change Events during the 1990s in Central and Eastern Europe demonstrated as never before the risks of abuses in intercountry adoption that can be created by drastic changes in the socio-political climate and the sudden descent of a significant proportion the population of While some factors into material poverty. might be considered rather specific to the context of events in this region — such as the wide- sudden demise of the State as provider, spread prior reliance on institutional care, and the inexperience of the new authorities in confronting certain international issues such as intercountry adoption — there can be no doubt that many elements constitute risks of a These range from far more general nature. ensuring the rule of law to dealing with mas- sive influxes of foreign organizations, as well as the special vulnerability of families experi- encing severe financial hardship for the first time. ‘adoptable’, consideration must be given to the consideration must be ‘adoptable’, his or her placing the child with possibility of of refugee and, in the case extended family or with the refugee community children, within the child the country from which families in only be adoption should has fled. Intercountry after repatriationcontemplated and other have been excluded. placement options other internationally dis- Refugee children and the subject of a 1994 placed children are also which Hague Conference Recommendation, ensure that: urges particular care to gross abuses. This was apparently the case of gross abuses. This was apparently Nam in 1993, where economic recovery Viet had created a disequilibrium in ‘supply’ and ‘demand’, with far more ‘clients’ for children in adoption than there were children available. To meet requests and thereby ensure the continu- ity of a business built up over the years, local mothers to intermediaries began pressuring abandon their children. 25 82 Family members may have distanced 29 Children in an emergency context are Once it has been determined that a child is Responding to the emergency situation in The situation of children in conflict and The situation of children measures are needed until all Temporary not available for adoption. Since most unac- companied children are not orphans, what they need is suitable interim care with a with their view to possible reunification families, not adoption . . . Adoption should not be considered unless a reasonable time (normally at least two years) has passed dur- ing which all feasible steps to trace parents or other surviving family members have been taken. All the above risk factors areAll the above risk factors compounded signifi- or those that are cantly in emergency situations the heightened vulnera- perceived as such. Here, their families, coupled bility of the children and stance by the with a sometimes sensationalist seeking to help in media and the surge of outsiders a breedingtheir own ways, constitutes ground for intercountryabuse and malpractice in adoption. tion is not about seeking a child for a childless about seeking a child tion is not an seeking parents for but rather about family, abandoned child”. orphaned or conflict Emergency, situations and post-conflict post-conflict situations, in particular, is so com- post-conflict situations, in particular, plex that intercountry adoption is highly inad- authorities begin with, recognized visable. To may not be in control of all the national terri- to tory and will invariably lack the means ensure basic services. Thus, existing judicial and administrative structures are likely to have broken down or to be severely restricted. Everything from birth registration to court decisions may be virtually impossible to ensure. it efforts have been made to trace families and is formally established that the child is adopt- able. Rwanda in 1994, the International Committee of the Red Cross issued an unequivocal statement: themselves from their child to minimize the may Refugee parents, in particular, risks. child’s of have abandoned their child after a period extreme deprivation, which has left them uncertain about their future ability to guarantee also have survival. Separation may the child’s example of the kind of One been involuntary. rights violations that can occur in children’s of such situations was ‘Operation Babylift’ out Nam between 1963 and 1976, which Viet involved about 3,000 children, many of whom mistakenly considered as ‘orphans’. Main issues

special safeguards and procedures for intercoun- in another State. Other articles set out proce- provision of adequate social safety nets (unem- try foster care to take place in appropriate cir- dures for the provision of assistance in locating ployment benefits, maternity leave, free med- cumstances and under appropriate conditions. missing children (Art. 31) and for the relocation ical care for families in difficulty, family Of particular relevance is Article 33 which pro- of seriously ill or at-risk children from one State allowances, etc.). vides for consultation concerning a decision by to another (Art. 36). 73 authorities in one State to place a child in care ● Institutionalization and ▼ intercountry adoption To some degree, and in response to a variety of situations, institutional or residential place- PROMOTING A FAMILY-FOCUSED ments of some kind are used as a ‘child wel- fare’ measure throughout the world. The use APPROACH of institutional care was especially prevalent in the former Communist States of Central and Efforts to address the root causes of aban- Eastern Europe, where domestic adoption was The ‘abandoned’ birthmother donment are also needed and should be often not an option, mainly because of profes- Many birthmothers of children adopted abroad closely linked to the commitment nearly all sional inertia and fear of adopting children are only children themselves. Often extremely countries in the world have made (by ratifying whose origins were unknown. Disabled chil- poor and marginalized within their own soci- the CRC) to combat discrimination, including dren had almost no hope of leaving institu- eties, these child-mothers may have little on the basis of sex and status at birth. In tions because of the stigma attached to dis- choice but to abandon their offspring. countries where gender discrimination is abilities, the high cost of their care and the A 1993 study 54 of adoptions from major Latin severe or the societal attitude towards chil- lack of structures to care for these children American cities found that typical birthmothers: dren born out of wedlock extremely hostile, within the community. 30 ● were aged between 14 and 18; greater understanding of and respect for chil- Although certain kinds of institutional ● had only one or two years of primary school- dren’s rights must be fostered, by schools, the placement may constitute a worthwhile solu- ing and were functionally illiterate; media, NGOs and church groups, among oth- tion in some situations, the potentially nega- ● lived below the poverty line; ers. Measures are also required to provide tive long-term effects of institutionalization, ● were unemployed or active in the informal girls with relevant and accessible education, greatly exacerbated in situations where chil- sector as street vendors, beggars or prosti- make sex education available to adolescents, dren receive inadequate stimulation in their tutes; encourage family planning and promote good first years, are increasingly being recognized. ● came from broken homes; parenting, including an emphasis on the A recent Canadian study, 3 for instance, com- ● had histories of neglect, abuse and abandon- ment; importance of responsible paternity. pared children, whose median age ● lived in ‘macho’ societies; Since a source of ‘unwanted’ babies is vio- at adoption was 18.5 months and who had ● had had no access to sexual education; lence against women, legal and administrative essentially spent all of their lives in institu- ● were totally unprepared for the responsibili- measures are needed to combat abuses, protect tions, to control groups. The study found that ties of motherhood. victims and punish the perpetrators. children who had been in orphanages for Governments should also make greater efforts eight months or longer were delayed in all Their situation was diametrically opposed to to tackle poverty, a major cause of abandon- areas of development (social, motor and lan- that of the older, more educated, wealthier and ment, through the creation of job opportuni- guage). Their problems were not country- often professionally employed prospective ties, increases in the minimum wage, and the specific, but “spring from early institutional adoptive mothers. Devising policies to support and protect the birthmother is a priority in a context of high abandonment rates. Guidelines drawn up by The devalued status of girls and women international NGOs 32 emphasize that birth- parents should be offered psycho-social ser- In many countries of origin, the girl child suffers from severe discrimination. At times vices by professionally qualified workers gender discrimination is so destructive that it has altered the natural ratio of men to before and after the birth of the child. As a women in the total population. This is the case in South and West Asia, China and North first priority, birthparents should be directed Africa, where an estimated 60 million women are actually ‘missing’ from the population because of selective foetal abortion, infanticide, discriminatory feeding practices or to services and other resources, such as child 91 Innocenti Digest 4 - neglect. welfare centres and centres for the support of The predominance of female adoptees from certain countries is another expression of unwed mothers, that could enable them to the ‘expendability’ of the girl child. Official data from the Dutch Government, 86 for bring up their own child. They should also be example, show that, in 1996, 28 out of 36 intercountry adoptions from India involved protected from being coerced into planning girls; in 1997, the figure was 40 out of a total of 58, or nearly 70%. The share from Intercountry Adoption for their child’s future before the child is born China, where a policy of one child per family is in force, was 90% in 1996, and 93% in and be given sufficient time to reconsider 1997 (94 girls out of 105 children). While these numbers are small, the scale of the their decision before it becomes irrevocable. problem can be recognized by considering that in the two-year 1996-1997 period, over In addition, after relinquishing the child, 700 Indian children and nearly 7,000 Chinese children, again overwhelmingly girls, were birthparents should have access to counselling adopted by U.S. parents alone. 98 10 and support services. Intercountry Adoption

Innocenti Digest 4 - 11 ● Main issues Main (continued on page 14) DOPTION In any case, the child must be prepared for In any case, the child A identifying those families where reintegration identifying is possible; period for a transitory necessary, providing, if an institu- in a foster family or of placement time to the family to tion, in order to give encouraging and solve its problems; and the family and facilitating contact between the child during that period. psychotherapy, drug or alcohol rehabilita- drug or alcohol psychotherapy, tion); bodies, not by other intermediaries. Strict regu- lations and procedures to protect those chil- rights and interests are vital; prospective dren’s must be helped adoptive parents, in particular, to understand this and be warned against trying to adopt without due regard for them. Thus, the use of inter- onus for ensuring the appropriate ● ● Domestic adoption If it is established beyond reasonable doubt that the birth family cannot guarantee the psy- cho-social development and the physical and emotional integrity of the child, competent child welfare bodies should look for a substitute Domestic adoption family within the country. must be given priority because child protection measures should be such as to minimize cul- tural, social and psychological trauma to the child. Campaigns to promote domestic adop- tion are needed to raise awareness of the real concerned. needs and rights of the children The same safeguards that apply to intercountry adoption are also applicable to domestic adop- tions; this includes studies to establish the of adoptability of the child and the suitability the prospective adoptive parents, matching car- ried out by competent authorities or authorized bodies, counselling of all parties concerned and the maintenance of information on the child’s family and medical history. the change and allowed to participate, to the the change and allowed the reintegrationextent possible, in devising with the family. plan established in consultation and child after reintegra- Support for the family tion should also be provided. 68 NTERCOUNTRY I S I This explains, in part at least, why numbers This explains, in part at locating members of the child’s birth family, locating members of the child’s including the extended family and particu- larly the grandparents, if necessary by means of a police inquiry; analysing the specific problems of the family and the child; providing financial, social or psychologi- where necessary cal support to the family, including family therapy (for instance, A synopsis of good practice eligibility for intercountry adoption A child’s should be decided upon by the competent authorities of the State where the child habitu- ally resides (the ‘country of origin’). The proce- dure should be carried out by the authorities themselves or ‘accredited’ nonprofit professional Family reintegration The reintegration of the child in his or her birth family is in principle the best possible alternative for institutionalized children. attempts to must initiate Specialized services secure this as soon as a child is taken into institutional care. process The reintegration should entail: ● ● ● them: relatively few couples, however, are pre- however, couples, relatively few them: reach five children once they pared to adopt children of age. Many of these or six years difficulties, severe behavioural also suffer from or and physical disabilities or from mental mean- such as HIV-AIDS, infectious diseases both willing families would be ing that few to provideand sufficiently skilled the special care they require. can remain so high of children in institutions for children to despite the high demand prospectiveadopt, and equally why adoptive still living with their parents turn to children or tens of thou- families even when thousands sands of children remain in institutions in a initiatives are Increasingly, given country. or ensure the preven- being taken to promote placements tion of recourse to institutional to set up deinstitution- wherever possible and in alization programmes for children already this form of care. NSWER A HEN THE Despite the growing body of knowledge Despite the growing are of an Many institutionalized children ▼ Current international standards foresee inter- country adoption as a solution for selected children whose appropriate care cannot be ensured in their country of origin. It must be approached uniquely as a welfare measure for the child concerned, and must always be carried out in strict conformity with the interests and rights. child’s rearing, wherever the orphanage”. Because of Because the orphanage”. wherever rearing, the adoptive parents encounter, the difficulties chil- adoptions of orphanage study concludes, be recognizeddren should as “special-needs requiringadoptions”, of “extra commitments of expertise, acquisition energy, parents’ time, agen- to work with helping and willingness cies”. many about the risks of institutionalization, of reasons, remain in children, for a variety Most, to begin with, are institutions for years. their parents have not not orphans. Frequently initiating adoption pro- given their consent to cedures and they are considered not legally there is a fear abandoned. In some instances, of abandoned chil- of promoting the rights of abandoning parents. dren over the rights considered paramount Blood ties may also be children, even when a for the protection of particular birth family shows a clear and per- sistent lack of interest in their child. Often there are gaps in the legislation covering this type of situation. Furthermore, many countries lack adequate structures, financial means, per- sonnel, or even trained professionals to deal with family homestudies and undertake the necessary psychological studies to determine the best social and legal measures for the pro- tection of these children. It must also be said that in certain countries, political will is lack- ing to remove children from institutions and This may be provide them with a family. because institutions are considered a suitable or form of child care in the country concerned personnel working in these institutions see deinstitutionalization as a job threat. age that could make their adjustment to full- fledged member of a new family extremely difficult, even if couples were willing to adopt W Discussion site ▼ CHILDREN AND ADOPTION: WHICH RIGHTS AND WHOSE? by Chantal Saclier, International Social Service

Having lived for several years in developing On the one hand, many thousands of chil- urge for a child. Growing numbers of inter- countries, where I was able to observe the dren at present live in institutions in condi- country adoptions, in fact, involve countries conditions in which children live and are tions that give great cause for concern. For a where children can be found who correspond looked after in institutions, and having portion of these, adoption (domestic and to criteria set by prospective adoptive par- worked for some time on matters relating to intercountry) is an option that ought to be ents: very young children whose physical intercountry adoption while living in receiv- implemented because they are in need of a appearance is as similar as possible to their ing countries, I can appreciate the complexity permanent family environment. However, for own, and who have no physical or mental dis- of the issues involved. At present, speaking of many reasons, some of which have been abilities or serious illnesses. This trend has children’s rights when talking about inter- stated earlier in this Digest, they are kept in contributed to the development in the West country adoption forces us to confront a institutions. of a tendentious philosophy of a ‘right to a highly uncomfortable situation. In the name On the other hand, thousands of couples child’, which often goes so far as to violate of the child, everyone raises his or her banner or individuals from ‘receiving countries’ the rights of the child. To meet the demand and simplifies the issues to the extreme, regard intercountry adoption as the only for children, abuses and trafficking flourish: whereas, in this field, the rights of the chil- solution left at the end of a long, painful road psychological pressure on vulnerable moth- dren concerned are not always so clear-cut that has typically included unsuccessful fertil- ers; negotiations with birth families; adop- and obvious. The passions the topic ity treatment, applications for domestic adop- tions organized before birth; false maternity unleashes, in both countries of origin and tion turned down or placement on long wait- or paternity certificates; abduction of chil- receiving countries, distort information, con- ing lists. dren; children conceived for adoption; politi- fuse people’s thinking and make action diffi- We can therefore understand how easy it cal and economic pressure on governments ... cult and risky. Often there is a tendency to is to reach the conclusion mentioned above. Indeed, a booming trade has grown in the consider only one aspect of the problem, fil- But reality contradicts it. purchase and sale of children in connection tered through the prism of the side of the In fact, a growing number of children who with intercountry adoptions. It originates planet on which one lives. Everyone defends have been adopted were not in need of a sub- with the continuous pressure exerted by his or her personal convictions or interests, stitute family: children sought directly in couples in economically advanced countries forgetting that at stake are the lives of human their birth family, who may or may not have and the fact that they frequently can be beings, and young and particularly vulnerable passed through an institution; children who induced to pay very large sums of money to ones at that. could have continued growing up in that fam- satisfy their desire to have a child. All too One might start by making two statements ily had it been given modest support or had often in these cases, adoption, whether in terms of the interests of the children con- the demand from adoptive parents and the intercountry or domestic, becomes an act of cerned. Adoption can offer a permanent and money they were prepared to pay not exerted selfishness, an expression of an inability to appropriate family to children who have been pressure on mothers and encouraged abuses accept being thwarted, a way of resolving a definitively deprived of their family environ- or a variety of criminal acts; even children frustration by putting the burden on others ment or cannot, in their own best interests, who would not have been conceived were it who are less economically privileged. This be allowed to remain in it. Adoption is, then, not for the lure of money to be gained trade also depends on the venality of offi- an opportunity that should be offered to such through intercountry adoption. cials, professionals and intermediaries who children when it appears to be the right solu- Certainly, the great numbers of children see adoption as a way of getting rich quick, tion for them. Often, however, these two placed in institutions and kept there for years either through corruption or by overcharg- irrefutable statements are reinterpreted and is one of today’s most poignant tragedies. But ing for services rendered. And it is fuelled by transformed into the following highly ques- international adoption can also turn into a the lure of profit in populations destabilized Innocenti Digest 4 - tionable conclusion, one that can be used to tragedy for the children involved and their by poverty or the breakdown of their soci- cover up a host of practices that are contrary families. eties. to the child’s best interests: “Since there are In the last two decades, intercountry The child whose rights are being stepped

Intercountry Adoption many children suffering in institutions in adoption has progressively changed. From its on has become an object, a tradable com- developing countries and many families keen initial purpose of providing a family environ- modity. In such cases, who can still dare call to adopt in more privileged countries, inter- ment for children, it has now become more adoption an act of love? An act of generosity national adoption should be encouraged and demand-driven. Increasingly in industrialized in the midst of the drama of poverty or lone- promoted”. countries, intercountry adoption is viewed as liness? That is what it can and should be, but 12 We are indeed facing a paradoxical situation. a way for childless couples to satisfy their it is, alas, ever less so. Discussion site

What are children’s rights in intercountry cases, institutional placement has very adverse 3. Adoption, and particularly, though not adoption? effects on the child’s development. It does not only, intercountry adoption, can involve foster the psychological, emotional, social, practices that generate high risks for chil- If children are to be set at the centre of all mea- intellectual or even physical development of dren and their birth families (especially sures aimed at protecting them and respecting the child. In many countries, moreover, their mothers), abuses, trafficking and their rights, then three lines of action seem to because institutions are underfunded and criminal acts such as sale and purchase, or me to need priority for children at risk or in a poorly managed and their staff lack training abduction. Too often adoption is a means situation of neglect or abandonment: and adequate supervision, they fail to meet for couples and individuals (nationals and even children’s most basic needs. Some people foreigners) to satisfy their desire for a 1. Neglect and abandonment of children are in these countries are fiercely opposed to child, but without giving paramount atten- mainly the consequences of poverty and des- intercountry adoption on the grounds that tion to the child’s best interests. Adoption titution. Large families, lack of education, children have a right to be brought up in their must, and must only, be a measure for the absence of birth control, the breakdown of own communities, but, at the same time, they protection of the child. It is not a matter the nuclear family, a weakening of the role of are willing to accept that children languish in for individuals only. It is a social and legal the extended family, intrafamilial violence, institutions where their other fundamental measure for the protection of children and alcoholism and drug addiction, health prob- rights are ignored or violated. In a world has to be under the responsibility of the lems, and so on, are all direct consequences where population movements are unceasing, is State or States involved. of poverty and destitution. From a human it not more respectful to offer a child a family rights perspective, it is impossible to be satis- that will help him or her to develop, in what- Implementing children’s rights means fied with considering adoption as the answer ever country, rather than condemn that child fighting against the growing philosophy for neglected or abandoned children. It is to an orphanage ‘culture’? biased towards the ‘right to a child’; opting imperative that action be taken so that chil- for adoption only when it is in the best dren are not abandoned but can remain with Implementing children’s rights means interests of the child; improving ethical cri- their families. fighting to raise awareness, to promote poli- teria; being exacting when accrediting and cies and to promulgate legislation that monitoring intermediaries; implementing Implementing children’s rights means favours family-based alternatives for chil- procedures that ensure that the prospec- fighting for national and global policies that dren; limiting the role of the institution to tive adoptive family matches the child’s bring about social justice, that is, that temporary care aimed at facilitating the rein- needs and characteristics; improving laws improve the economic and educational level tegration of the child into his or her family and practices; training staff and judges of impoverished populations. as a priority, and otherwise his or her per- involved in the procedures; taking very manent placement in a substitute family; drastic measures to fight against profit-mak- 2. Worldwide, and particularly in low-income promoting and improving in-community and ing in adoption-related matters, and against countries, placement in institutions often in-country adoption; monitoring and the abduction of, sale of or trafficking in constitutes the automatic response to chil- improving intercountry adoption proce- children. dren in need of care and protection. In most dures. ●

The International Social Service is an international NGO dedicated to helping individuals and families with personal or social problems resulting from voluntary or forced migration, including intercountry adoption. Its national branches, affiliated offices and correspondents in over 100 coun- tries facilitate communication between social services to resolve these problems. Chantal Saclier is Program Manager at ISS’s Geneva headquarters, responsible for planning and coordinating the activities of the ISS International Resource Centre on the Protection of Children in Adoption. The purpose of the ISS/IRC is to promote and improve the implementa- tion of the rights of children who are in situations of neglect or at risk of abandonment as well as of children considered for or already in substitute family care, particularly adoption. (See page 21 for further details.) Innocenti Digest 4 - Intercountry Adoption

13 Main issues

country adoption lies on both countries of ori- ROLE OF CENTRAL AUTHORITIES UNDER THE HAGUE CONVENTION gin and receiving countries, and their coopera- ON INTERCOUNTRY ADOPTION tion throughout the many stages of the adop- CENTRAL AUTHORITY OF CENTRAL AUTHORITY OF tion procedure is essential. COUNTRY OF ORIGIN RECEIVING STATE To facilitate this cooperation, the Hague Convention on Intercountry Adoption provides Establishing Establishing eligibility and suitability that each Contracting State should establish a adoptability of the child of prospective adoptive parents national Central Authority, with overall respon- sibility for protecting children potentially or Matching child and family Approval of match by prospective actually involved in an intercountry adoption. adoptive parents. Issuance of entry The Central Authority may act through another Decision to place child with visa and residence permit public authority or an accredited body. In the prospective adoptive parents case of accredited bodies, the State has an Adoption Transfer of child Recognition obligation to supervise their composition, oper- to receiving State of the adoption ation and the financial conditions they apply. Transfer of child Placement of child for to receiving State probationary period. Adoptability of the child Measures in case of The Central Authority of the country of origin adoption disruption must ensure that competent authorities estab- lish the child’s ‘adoptability’ — that is, legal eli- Recognition of adoption Adoption gibility and psychological, medical and social suitability for adoption — and that a report is Sources: Based on Bucher, 1996. completed before the prospective adoptive par- is to give an orphaned, abandoned or otherwise Achieving good matching ents have contact with the child’s birthparents traumatized child the family best placed to ‘Matching’ must be the quest for an appropriate or other legal representatives and before consid- respond to his or her needs, it is essential to adoptive family for a given child, taking account eration is given to matching the child with any determine that the prospective adoptive family of this child’s history, characteristics and needs. given prospective adoptive family. The report is qualified and capable of ensuring, in a perma- Matching should take place after the adoptabil- should certify that: nent and satisfying way, care and respect for a ity of the child and the eligibility and suitability ● birthparents have been clearly informed of the child with such a past. Often the prospective of the prospective adoptive family have been consequences of adoption (and, in particular, adoptive parents also come to adoption after a established. It should be decided on the basis of that in cases of intercountry adoption, the traumatizing past (infertility, unsuccessful med- detailed reports on both the child and the child will leave the country and that all links ically assisted procreation, the death of a child) prospective adoptive parents, periodically with the birth family will be definitively sev- and may not have fully come to terms with updated if the process is protracted. Matching is ered) and have been helped with necessary their grief: they must be capable of not shifting the primary responsibility of the country of ori- counselling; this burden to an eventual adopted child. gin, taking full account of a homestudy prepared ● the birthparents, and particularly the birth- Several receiving countries have made it and transmitted by the receiving State. Both the mother, have given their consent to adoption mandatory for prospective adoptive parents to country of origin and the receiving country can only after the birth of the child (a ‘blanket’ complete a specific training course before a ensure at this time, however, that their public consent not naming specific adoptive parents homestudy can be carried out. Preparation is policies are respected regarding the personal cir- limits the risks of trafficking); aimed at helping prospective adoptive parents cumstances of the adoptive parent(s) (for ● the consent of persons, institutions and to understand the differences and similarities instance, by permitting a child to be placed with authorities responsible for the child has been between being birthparents and adoptive par- heterosexual married couples only, or by widen- freely given before adoption and has not ents, to face squarely their own motivations for ing the categories of potential adopters to been induced by payment or compensation wishing to adopt a child and to explore their include, for example, single persons, or unmar- of any kind; expectations (both realistic and unrealistic) ried hetero- or homosexual couples). As good ● the child, according to age and degree of about an eventual adopted child. They also matching is the key to a successful adoption, the maturity, has received counselling and is learn about the child’s possible experiences in decision should be made only by child welfare informed of the consequences of adoption, his or her country of origin and their impact on professionals who have received specific training and his or her opinions and wishes have been the child’s future development and adjustment; on adoption matters. It should involve, as far as Innocenti Digest 4 - taken into consideration. what adoption means to the child, including a possible, a professional who knows the child, a discussion of separation and grieving; what the professional who knows the selected family and Eligibility and suitability of the prospective adoptive warning signals of unsuccessful bonding are; representatives of the competent bodies involved parents what discrimination foreign adoptees are likely in the adoption procedures in both countries. Intercountry Adoption The Central Authority of the receiving country to face and ways to deal with it — in other The proposed matching should be presented must similarly ensure, through a homestudy, words, they are given information about the to the selected prospective adoptive family for that the prospective adoptive parents are rec- stages, rewards and possible stumbling blocks approval. ognized as qualified and eligible to adopt. in the adoptive relationship and how to deal Again, suitability is not just a legal or economic with them. This information helps them assess Preparing the child and the birth family for the adoption concept, but also has psychological, social and their own ability to assume responsibility for an It is desirable for contact to be established after 14 medical dimensions. Since the goal of adoption adoptive child. 87 the matching is made and a short period of time Main issues allotted before the adoption is finalized to Government of Spain is now taking steps to in both countries must ensure that directors, enable the child and the prospective adoptive address these problems, which will, of course, administrators and employees of bodies family to get to know each other. become less frequent as more countries ratify involved in an adoption do not receive unrea- As far as possible, according to age and the Hague Convention. 76 sonably high remuneration in relation to ser- maturity, children should be associated with vices rendered, and that accredited bodies pur- defining the life plan proposed for them, in par- Improving criteria for accreditation and authorization sue nonprofit objectives only. ticular adoption. Once adoption is contem- The agencies involved in the adoption process, plated, the child, even when very young, must whether national or international, have a key Other duties be prepared for the upcoming changes: leaving role in making adoption a measure of protection Where the adoption procedure is not finalized in known surroundings and familiar faces; travel- for the child. Their accreditation in their country the country of origin (as is currently the case for ling; changing eating habits; meeting physically of residence and their authorization by the other the Philippines, India and Korea, for example), different people who do not speak his or her countries where they operate should therefore be the Central Authority of the receiving State is language or who act differently from previously accorded on the basis of exacting criteria, and responsible for the protection of the child in known adults. Where the birth family is known, subject to periodic renewal after checks. cases where problems arise after the child’s trans- care should be taken to furnish it with psycho- Ethical criteria should be taken into account, fer but before adoption is completed. The return social support to enable it to accept the separa- and accreditation should be given only if the of the child to his or her State of origin should tion from the child positively. The family ethics and practice of the agency comply with only be considered as a last resort, and if the should also be prepared for the possibility — international norms. Here too, it is important to child’s best interests so require. increasingly common — that the child will seek consider not just the agency concerned but also Central Authorities in both the State of ori- out his or her origins on reaching adolescence its partners or representatives in the other coun- gin and receiving State should make every effort or adulthood. tries with which it works. not to prolong the adoption procedure unduly. Financial aspects of the agency itself and its Information on the child’s origins, the identity Adoption partners or representatives in other countries of birthparents and medical data of the child One of the greatest advantages of the Hague should be carefully examined before awarding and the family of origin must be kept and made Convention is that it provides for the automatic or renewing accreditation. Each country must available to the child and/or his or her legal rep- recognition by all Contracting States of adop- set criteria to define what costs and fees are to resentative under certain conditions. tions made under the Convention, whether in be regarded as ‘reasonable’. Central Authorities ● the receiving country or country of origin. This is an important guarantee for the child as it secures his or her adoptive status. ▼ When adoption proceedings are held in a country of origin that is not a Contracting State, instead, depending on the national law in MAIN ACTORS force, a child may be legally adopted without there having been an official exchange of Experience has shown that, in this as in reports concerning the adoptability of the child State’s respect for the treaty in practice. other fields, appropriate legislation is cer- and the eligibility and suitability of the Together with experts from other interna- prospective adoptive parent(s). This situation is tainly necessary, but in no way sufficient. tional organizations, the Permanent Bureau of causing serious problems in some receiving A wide range of protagonists at all levels the Conference also advises individual gov- countries. In Spain, for example, which is a have responsibilities — direct and indi- ernments on bringing legislation and proce- party to the Hague Convention, legislation has rect, formal and informal — in promot- dures into line with the Convention and main- been in force since 1996 requiring that a home- ing and facilitating the proper functioning tains a list of contact details of all Central study be performed by accredited authorities in of intercountry adoptions in strict confor- Authorities and accredited bodies to facilitate Spain before an adoption can be officially rec- mity with relevant standards and princi- cooperation. ognized. When individuals ignore this or other ples. 10 While responsibilities regarding the use of bona fide requirements, delays in registering the adoption adoption only as a protection measure occur. There is also a risk that the ‘adoptive’ The Hague Convention exist for a wide range of protagonists, under the parents could eventually be deemed ‘unsuit- protagonists Hague Convention there are five other actors able’. Delays are also common when Spanish with whom the ultimate responsibility unequiv- Hague Conference on Private couples obtain guardianship orders for children The ocally lies: International Law is a permanent intergovern- ● the governments of the countries of origin; from countries such as India and Chile — nei- Innocenti Digest 4 - ● the central authorities; ther of which is yet a party to the Hague mental organization whose mandate is “to work for the progressive unification of the rules of ● the judiciary; Convention — and then have to proceed with ● private international law” (Statute, Article 1). the governments of the receiving countries; adoption once they have returned to Spain ● the intercountry adoption agencies. Under the Hague Convention on Intercountry with the child. In both cases, months can go by Intercountry Adoption before the adoption is recognized — an admin- Adoption, its Secretary General is required to By far the heaviest obligation is that borne istrative limbo that, apart from its implications convene regular sessions of a Special by the governments of the countries of ori- for such matters as inheritance rights, work Commission to review the practical operation gin. This is not only natural, given that the entitlements and taxes, interferes with the of the treaty. This system is akin to a kind of authorities are responsible for the welfare and serenity of the newly formed family. The ‘self-regulating’ mechanism to monitor each protection of all children within their jurisdic- 15 Main issues

tion, but it is also clearly reinforced by the duty station, for example, they could require technical assistance on intercountry adoption provisions of the Hague Convention. Only that birthmothers and children undergo DNA issues to governments, the Committee on the these authorities can work to ensure that legis- testing to confirm the parental relationship. This Rights of the Child and NGOs. A small but lation and policy situate adoption as one com- measure has recently been taken by some growing number of its field offices are sup- ponent within an effective overall social wel- Governments to restore public confidence in the porting efforts to ensure that all children’s fare programme. Only they can take the nec- adoption process in specific countries of origin. rights are respected in the adoption process. essary steps to institute a consistent and Intercountry adoption agencies, defined New procedures in cases of suspected illicit coherent policy, and to create conditions for it broadly, are the final group of actors under procedures have been proposed, including an to be respected. the Hague Convention. In practice, these active role in finding out the facts, transmit- Under the Hague Convention, the Central agencies vary enormously in size, structure, ting this information to appropriate regional Authority, as we have seen, has a key role to experience, qualification and motivation — so and Headquarters advisors, requesting govern- play. Governments are obliged to provide for much so that, in certain countries, the criteria ment action/cooperation (e.g. halting adop- its effective functioning, and thus to set aside for their accreditation might well be perceived tions or freezing departures) and making a the human and material resources that the role as anything but clear. It is known that agencies public statement explaining concern and requires. This includes reliable and effective in some countries have exerted considerable action. 77 In receiving countries, National support at the local level, as well as adequate pressure to secure their accreditation, or have Committees for UNICEF have an essential staff qualified in adoption questions (social wel- had pressure exerted on their behalf, and that advocacy role to play in this area. fare, legal and psychological). In this latter some undeniably do not conform to accepted Human rights and child-focused NGOs, regard, major investments in training are often standards in practice. Intercountry adoption both international and national, have two key needed. There is no doubt that, to the extent agencies have obligations to live up to, and are tasks to carry out according to their respective that adequate resources fail to be put at the dis- bound to work within the framework of the mandates: promoting good practice in adop- posal of the Central Authority, to that same principles laid down in the CRC and the tion; and monitoring compliance with chil- extent abuses of intercountry adoption are Hague Convention when the country they are dren’s rights, publicizing and denouncing vio- likely to occur. working in is a State party to either one. lations when necessary. In many countries, adoption is a judicial A prerequisite for intercountry adoption to Lawyers can — and should — make a sig- decision. The judiciary are obviously also respect the rights and interests of the children nificant contribution by refusing to carry out essential to law enforcement. A prerequisite concerned is that all these actors agree on, tasks in the adoption procedure that go for them to fulfil this role is that the child’s and rigorously abide by, the common bases beyond their formal role as legal representa- case file be fully and properly prepared and that the two Conventions provide. If just one tives, and declining to take on adoption cases that the recommendation on matching be well fails to do so, there may already be a signifi- in which they believe required procedures documented. Many judges are, however, cant problem in preventing abuses. If two or have not been scrupulously respected. apparently not fully informed about the more fail, major abuses will be virtually Finally, the media have an important role requirements of . For several pos- unavoidable, and children will become to play, in both countries of origin and, par- sible reasons, they do not always interpret involved in the adoption procedure without ticularly, receiving countries. Media attention national and international law in the spirit in regard to their best interests or human rights. to the condition of children in conflict and which it was devised. Decisions may seem post-conflict situations and other dramatic inconsistent. While fully respecting the inde- circumstances such as sudden and brutal eco- pendence of the judiciary, the authorities must Other potential actors nomic change, often prompts a massive be prepared to question lower-court decisions The Committee on the Rights of the Child response from couples abroad who are seek- in the highest courts of the land if those deci- is at present the only international body with ing to adopt a child, and can lead to chil- sions are deemed to be in contradiction with responsibility for monitoring respect for stan- dren’s rights violations when attempts are the spirit or letter of the law. dards relating to intercountry adoption. 57 It made to meet this demand without reference Governments of receiving countries have has always paid close attention to adoption to internationally accepted standards, proce- the clear responsibility to ensure that their own issues when reviewing States Parties’ reports on dures and guidelines. The media may con- services — consular in the country of origin, implementation of the CRC, and has voiced tribute to and maintain that high level of central authority on the domestic level — work deep concern on the question in relation to demand by wrongly suggesting, explicitly or optimally and that the relationship of mutual several country situations. The Committee also by omission, that children in institutions or confidence that is basic to the kind of coopera- consistently urges all States involved in inter- emergency centres are adoptable ‘orphans’. tion envisaged under the Hague Convention can country adoption to ratify the Hague Some media descriptions of countries of ori- exist. They must have high and strictly applied Convention if they have not already done so. gin are highly negative, even sensationalist, Innocenti Digest 4 - standards for the accreditation of agencies and The UN Working Group on with no thought given to what effect such for the homestudy of prospective adoptive par- Contemporary Forms of Slavery has added disparagement will have on older foreign ents. In addition, they should make every effort to its agenda a specific item devoted to ‘illegal adoptees who are struggling with issues of to prevent abuses by disseminating appropriate adoptions’. Since the Working Group’s recom- personal and national identity. 41 At the same Intercountry Adoption information to their own citizens. They must mendations are usually passed up via the Sub- time, responsible media attention to the sub- also be prepared to take a firm stand when Commission to the Commission on Human ject of intercountry adoption has helped to agreed procedures have not been respected or Rights, the results of its debates on this ques- promote a fuller understanding of the various when there is a clear risk of adoption abuse. tion can have significant ramifications in terms ways in which children’s rights can either be Where consular services recognize that the traf- of international policy and commitment. violated or fulfilled in the adoption process. 16 ficking of children is a serious problem in their UNICEF increasingly provides advice and ● Links

his section contains information about the Colombia conseille préjuridique, adjointe, Central Authorities that have been estab- Entry into force 1 November 1998 tel: +33 1 43.17.91.14, Tlished thus far by Contracting States of the E-mail: [email protected] Hague Convention on the Protection of Children Costa Rica and Cooperation in Respect of Intercountry Consejo Nacional de Adopciones Lithuania Adoption. It also lists some of the major inter- Patronato Nacional de la Infancia Agency of Children’s Rights Security governmental organizations and international P.O. Box 5000-1000 Lietuvos Respublikos and regional NGOs working on issues relating San José Vaiku Teisiu Apsaugos Tarnyba to intercountry adoption. Costa Rica Prie Socialines Apsaugos Ir Darbo Ministerijos Tel.: +506 2 228620 A. Juozapaviciaus Street 10 A This listing is not meant to be comprehensive; Fax: +506 2 533011 2600 Vilnius nor does it represent a prioritization or E-mail: [email protected] Lithuania ranking of organizations, but merely a first Contact: Marlen Gómez Tel.: +370 2 754149 attempt to provide signposts in a highly President of the Junta directiva Fax: +370 2 725825 Silva J. Savickalte complex field. It is hoped that the contacts Contact: (Director: Valdas Vadoklis) listed will serve as links to organizations of Cyprus various other types — international and Ministry of Labour and Social Insurance national professional organizations, academic 7, Lord Byron Avenue Mexico and other institutes, national NGOs and CY-1465 Nicosia Secretaria de Relaciones Exteriores Consultoria Juridica national bodies — whose work may be Cyprus Homero no. 213, Piso 17, Colonia Chapultepee relevant to the topic. Some Internet information Tel.: +357 2 307241/2 Morales has also been included, which reflects Fax: +357 2 450993 Contact: Nicos Symeonides MEX-11570 Mexico websites available in December 1998; this Mexico information is, of course, subject to change. Denmark Tel.: +52 (5) 3273218 or 3273219 or 25473 06 The Danish Ministry of Justice Fax: +52 (5) 3273201 or 32732 82 Department of Private Law Contact: Dra. C. Galvez Coeto Central Authorities (Civilretsdirektoratet) Moldova Andorra Æbeløgade 1 Andorra DK-2100 Copenhagen Ø Entry into force 1 August 1998 Adoption Service Tel.: +45 33923302 Ministry of Health and Welfare Fax: +45 39271889 Netherlands Avenue Príncep Benlloch No 30, 4a planta Contact: Centralmyndigheden for adoption Ministry of Justice AND-La Vella P.O. Box 20301 Andorra Ecuador NL-2500 The Hague Tel.: +376 829346 Ecuador Direccion Nacional de Proteccion The Netherlands Fax: +376 829347 de Menores Ministerio de Bienestar Social Tel.: +31 70 3707759 Contact: Lourdes Gasset Avenida Orellana 1725 y 9 de Octubre, Fax: +31 70 3707507 Quito E-mail: [email protected] Australia Ecuador Contact: Marianne Daalmeijer Entry into force 1 December 1998 Tel.: +593 (2) 505883 - 544339 Responsible of the Adoption Board Fax: +593 (2) 505883 Mr Jan Vroomans Burkina Faso Contact: Dr. Victor Hugo Olmedo Cabrera Ministère de l’Action Sociale et de la Famille National Director New Zealand 01 B.P. 515 Entry into force 1 January 1999 Ouagadougou 01 El Salvador Burkina Faso Entry into force 1 March 1999 Norway Tel.: +226 306875 Governmental Office for Youth and Adoption Fax: +226 316737 Finland P.O. Box 8036 Dep Contact: Fatoumata Ouattara The Finnish Board of Intercountry N-0030 Oslo Adoption Affairs Norway Burundi Ministry of Social Affairs and Health Tel.: +47 22242591 Entry into force 1 February 1999 Kirkkokatu 14 Fax: +47 22249523 SF-00170 Helsinki E-mail: Canada Finland [email protected] Canada has designated separate Central Tel.: +358 (9) 1601 Contact: Morten Stephansen Authorities for the provinces of Alberta, British Fax: +358 (9) 1603816 Columbia, Manitoba, New Brunswick, Prince Contact: Anne Hujala Paraguay Edward Island and Saskatchewan. The Entry into force 1 September 1998

Central Authority at the federal level is: France Innocenti Digest 4 - Mission de l’adoption internationale Peru Minister of Human Resources Development 244 boulevard Saint Germain Oficina de Adopciones National Adoption Desk F-75303 Paris 07 SP (Technical Secretariat for Adoptions) 5th floor, Phase IV France Ministerio de Promoción de la Mujer y del

Place du Portage Tel.: +33 1 43.17.90.90 Desarrollo Humano (PROMUDEH) Intercountry Adoption 140 Promenade du Portage Fax: +33 1 43.17.93.44 JR. Camana 616 Hull, Quebec K1A 0J9 E-mail: [email protected] Lima 1 Canada Web site: www.diplomatie.fr Peru Tel.: +1 819 9530911 Contact: Gérard Castex, Tel.: +511 4289800 Fax: +1 819 9531115 sous-directeur, Fax: +511 4261665 Contact: Lise Lavoie, Manager tel: +33 1 43.17.90.61, Mlle Isabelle Pouey, E-mail: 17 Links

[email protected] S-104 22 Stockholm F-67000 Strasbourg Website: www.promudeh.gob.pe/ Sweden France Contact: Dra. Patricia Caceres de Villacorta Tel.: +46 08 6519292 Tel.: +33 (0) 388 611862 Head, Oficina de Adopciones Fax: +46 08 6504110 Fax: +33 (0) 388 605879 E-mail: [email protected] Contact Philippines Contacts: Birgitta Thunström, Chantal Nast, Head of Administrative Services The Inter-Country Adoption Board (ICAB) Head of Section Year founded 2 Chicago Street corner Ermin Garcia Kerstin Brudner, 1948 Barangay Pinagkaisahan Information Officer Type of organization Quezon City Intergovernmental organization Philippines Venezuela Geographical scope Tel.: +63 2 4101643/4 , 9318144 Ministerio de Relaciones Exteriores de la 14 Member States: Austria, Belgium, France, Fax: +63 2 727 2026 or 9512802 República de Venezuela Germany, Greece, Italy, Luxembourg, Contacts: Dr. Lourna Laraya Dirección General Sectorial de Relaciones Netherlands, Poland, Portugal, Spain, and Ms. Lourdes G. Balanon Consulares Switzerland, Turkey, United Kingdom. División de Asuntos Especiales Seven Observer States: Croatia, Holy See, Poland Torre M.R.E. Hungary, Lithuania, Russian Federation, Ministerstwo Edukacji Narodowej Conde A. Carmelitas, Piso 6 Slovenia, Sweden. Cooperation agreements (Ministry of National Education) Caracas 1010 concluded with the Council of Europe, the Al. Szucha 25 Venezuela European Union, The Hague Conference on PL-00-918 Warsaw 7 Tel.: +58 (2) 8621145/819691 Private International Law, the United Nations Poland Fax: +58 (2) 8622420 High Commissioner for Refugees Tel.: +48 29 726280461 Contact: Gloria de Marino Activities Fax: +48 29 813523 or 813379 or 816841 Establishes and keeps up to date legislative Contact: Krysztof Sikora, Co-Director and case-law documentation setting out the (Director: Elsbieta Podczaska ) law of the various member States in matters Intergovernmental and non- relating to the status of persons, to the family Romania governmental organizations and to nationality; carries out studies and work Comitetul Român pentru Adopt, ii — in particular by drawing up Casa Alianza/Covenant House Latin America (The Romanian Committee for Adoptions) recommendations or draft conventions — Apartado 1734 Piat,a Victoriei Nr. 1 aimed at harmonizing the relevant provisions 2050 San Pedro Sector 1 in force in the member States; seeks legal and Costa Rica Bucharest technical means for improving the operation of Tel.: +506 253 5439 Romania civil registration in the member States; Fax: +506 224 5689 Tel.: +40 (1) 3127474/ 3127363 coordinates its activities with those of other E-mail: [email protected] Fax: +40 (1) 2229384 international bodies that also deal with the law Contact Contact: Cristian Tabacaru, President of persons and family law. Bruce Harris, Executive Director, Latin Information services Spain American programmes Provides texts of existing Conventions and Spain has designated each of the 17 Year founded Recommendations and information on the autonomous communities as Central Authority 1981 (first programme in Latin America) basis of collected documentation. Working for its territory. The National Central Authority is: 1969 (Covenant House in the United States) language is French. Dirección General de Acción Social, del Geographical scope Menor y de la Familia, Ministerio de Trabajo Costa Rica, Guatemala, Honduras, Mexico, Commonwealth Secretariat y Asuntos Sociales (Ministry of Labour and Nicaragua Marlborough House Social Affairs) Activities Pall Mall c/ José Abascal, 39 In addition to its outreach services, shelters London SW1Y 5HX 28003 Madrid and homes for street children, has initiated a United Kingdom España programme that helps street girls bond with Tel.: +44 171 7476410 Tel.: +34 91 3478125 and learn to care for their children. Services Fax: +44 171 7476406 Fax: +34 913478120 include individual and group therapy, child- E-mail: [email protected] Contact: María Jesús Montané Merinerio Jefa, care training, vocational training, as well as Web home page: Servicio de Adopción y Acogimiento Familiar paediatric and gynaecological treatment. The http://www.thecommonwealth.org (Chief, Adoption Service and Fostering) Legal Aid Office in Guatemala has presented Contact 18 criminal cases of anomalies in intercountry R.C. Nzerem, Director, Legal and Sri Lanka adoptions since September 1997, winning one, Constitutional Affairs Division The Commissioner of Probation and Child which resulted in the reunification of a mother Year founded Care Services with her one-year-old son. 1966 Department of Probation and Child Care Geographical scope Innocenti Digest 4 - Services Web home page Global 95, Sir Chittampalam A. Gardiner Mawatha Information about intercountry adoption Type of organization Colombo 2 from Guatemala available in English, NGO with Observer status with the Hague Sri Lanka Spanish and French. Conference on Private International Law. Tel.: +94 (1) 327600 http://www.casa-alianza.org Activities Intercountry Adoption Fax: +94 (1) 327600 Facilitates cooperation and consensus among member countries, builds bridges Sweden Commission Internationale de l’État Civil across traditional international divides of Swedish National Board of Intercountry (CIEC) opinion on particular issues, provides Adoptions (NIA) (International Commission on Civil Status) technical assistance on request to member Box 22086 Secrétariat Général States for sustainable development, promotes 18 Norr Mälarstrand 6 3 place Arnold good governance in member countries. Has Links worked over the years on issues relating to Year founded children, including the international abduction Web home page 1893 of children. Contains newsletter, overview of recent Type of organization periodic State Reports to the Committee on the Information services Rights of the Child, and up-to-date information Intergovernmental organization General information on the Commonwealth about the Committee (members, agenda, list of Geographical scope and its activities. States Parties). Also contains full text of Africa: Egypt, Morocco relevant instruments (CRC and the Hague Americas: Argentina, Canada, Chile, Mexico, Council of Europe Convention on Intercountry Adoption) and Suriname, United States, Uruguay, Directorate of Legal Affairs explanatory articles by experts in the field. Venezuela Division on Private Law http://www.childhub.ch/webpub/dcihome Asia/Australia: China, Israel, Japan, Republic F-67075 Strasbourg Cedex of Korea, Australia France EurAdopt Europe: Austria, Belgium, Croatia, Cyprus, Tel.: +33 (0) 3 88413172/88412599 Association of Authorized Adoption Czech Republic, Denmark, Estonia, Finland, Fax: +33 (0) 3 88412794/88413745 Organizations, Secretariat France, Germany, Greece, Hungary, Ireland, E-mail: [email protected] Riouwstraat 191 Italy, Latvia, Luxembourg, the Former Contact 2585 HT The Hague Yugoslav Republic of Macedonia, Malta, Marta Requena, Administrative Officer Netherlands Monaco, Netherlands, Norway, Poland, Year founded Tel.: +31 (0) 70 350 6699 Portugal, Romania, the Slovak Republic, 1949 Fax: +31 (0) 70 354 7867 Slovenia, Spain, Sweden, Switzerland, Type of organization Contact Turkey, United Kingdom Intergovernmental organization Lucile van Tuyll, Chair Activities Geographical scope Year founded Negotiates and drafts multilateral treaties (or 40 European member States 1993 Conventions) in the different fields of private Activities Type of organization international law (international judicial and A committee of the Council of Europe is NGO administrative cooperation; conflict of laws for currently dealing with different questions Geographical scope contracts, torts, etc.; jurisdiction of courts and concerning the legal status of children and, in Members in Belgium, Cyprus, Denmark, enforcement of judgments) plus their this context, work will be carried out Finland, France, Iceland, Italy, Luxembourg, monitoring; produces practical Handbooks on concerning adoption. Netherlands, Norway, Spain and Sweden the Hague Service and Evidence Activities Conventions. Web home page Advocates intercountry adoption as an option Bilingual French/English webpage providing public access to information about the in child welfare when pursued in the best Web home page activities of the Council of Europe; legal texts interests of the child; establishes common Contains full texts of the multilateral treaties and summaries, in English, of the Council’s Ethical Rules and promotes their application to drawn up by the Hague Conference, treaties, including those relating to adoption; intercountry adoptions; promotes cooperation information on their status and explanatory site search facilities; catalogue of publica- between governments and organizations; reports. Also provides details of Central tions; archive of press releases. shares knowledge in matters of intercountry Authorities and accredited bodies under the http://www.coe.fr adoption with participating organizations; Hague Convention and a bibliography. Defence for Children International (DCI ) works to improve legislation and other http://www.hcch.net P.O. Box 88 measures for the protection of the child. Every CH-1211 Geneva 20 two years, one EurAdopt member organizes a Inter-American Children s Institute (IACI) Switzerland general meeting, including a conference for Instituto Interamericano del Niño (IIN) Tel.: +41 22 7340558 organizations, authorities and others involved Av. 8 de Octubre 2904 Fax: +41 22 7401145 in intercountry adoption. 11600 Montevideo E-mail: [email protected] Information services Casilla de Correo 16212 Contact Provides information on the EurAdopt Uruguay Ricardo Dominicé, Secretary General Ethical Rules, the names of EurAdopt Tel.: +598 2 4872150 Year founded members, and information on the situation in Fax: +598 2 4873242 1979 the member countries concerning the E-mail: [email protected] Type of organization ratification of the Hague Convention on Contact NGO with consultative status with the United Intercountry Adoption. Julio Rosenblatt, Coordinator, Inter-American Nations Economic and Social Council, Program on Information Concerning Children and Family Life (PIINFA) UNICEF, UNESCO and the Council of Web home page Europe. Contains information about the organization, Year founded Geographical scope its objectives, structure and member 1927 National sections and associate members in organizations. Also contains ethical rules to Type of organization over 60 countries on all continents. which member organizations have agreed to Intergovernmental organization Activities adhere. Geographical scope http://www.euradopt.org Although DCI has no specific focal point or Latin America and the Caribbean Innocenti Digest 4 - programme on intercountry adoption at Activities present, it is closely involved in the work of the Hague Conference on Private International Advises on information systems for Hague Conference on Private International Law (CODIP) management of national child welfare Law and promotes the Hague Convention on 6, Scheveningseweg institutions; provides training on social

Intercountry Adoption through its extensive 2517 KT The Hague management of child welfare institutions; Intercountry Adoption network. Maintains documentation centre on Netherlands conducts research studies on comparative children’s rights issues (nearly 13,000 items); Tel.: +31 (0) 70 3633303 legislation; provides advisory services on publishes a newsletter on United Nations Fax: +31 (0) 70 3604867 codification of juvenile and family legislation; activities concerning the protection of the E-mail: [email protected] promotes regional legal instruments; provides rights of the child and the International Contact training for adoption specialists; and evaluates Children’s Rights Monitor. William Duncan, First Secretary child welfare systems. 19 Links

Information services with United Nations agencies to help in the Activities Provides information relating to its studies. implementation of policies that will create Promotes social work as a profession through greater social justice and economic equity. cooperation and action on an international International Association of Juvenile and basis; supports national associations in Family Court Magistrates Web home page promoting the participation of social workers Molenstraat 15 Includes updates on ICSW’s international in social planning and the formulation of 4851 SG Ulvenhout activities, WSSD implementation, overviews social policies, nationally and internationally; The Netherlands of its quarterly publications, and links to encourages and facilitates contacts between Tel.: +31 76 56 12 640 affiliated organizations. social workers of all countries and provides a Fax: +31 76 56 12 640 or http://www.icsw.org forum for discussion and the exchange of +31 76 53 11 169 ideas and experience, through meetings, study E-mail: [email protected] International Federation of Human Rights visits, research projects, exchange of Contact (FIDH) publications and other means of Jacob J. van der Goes, Secretary General 17, Passage de la Main d’Or communication; and represents the profession Year founded F-75011 Paris on an international level. Currently preparing 1926 France a policy statement on Intercountry Adoptions Type of organization Tel.: +33 1 43552518 and Social Work, expected to be released in NGO Fax: +33 1 43551880 January 1999. Geographical scope E-mail: [email protected] Contact Affiliated associations and individual Web home page members worldwide Antoine Bernard, Executive Director General information about IFSW, schedule Activities Year founded of conferences, regular and special Has contributed to the drafting of international 1922 publications on international social work. treaties relating to intercountry adoption; Type of organization http://www.ifsw.org carries out research and studies on the NGO with consultative or observer status with implementation of these treaties and on United Nations, UNESCO, Council of Europe, International Federation Terre des Hommes related juridical problems. African Commission of Human and Peoples’ (IFTDH) Information services Rights 31, chemin Frank-Thomas Provides publications (periodical, research Geographical scope CH-1208 Geneva findings), contacts with members and member Members from 86 countries worldwide Switzerland organizations, and information on ongoing Activities Tel.: +41 22 7363372 research and projects. Sends fact-finding missions throughout the Fax: +41 22 7361510 world; sends judicial observation missions to E-mail: [email protected] International Council on Social Welfare attend trials; organizes training workshops for Contact (ICSW) human rights activists and state administration Eylah Kadjar-Hamouda, Head office staff; centralizes the information provided by Representative to the United Nations 380 St. Antoine W. its member organizations and coordinates Year founded Suite 3200 their activities with international institutions; 1966 Montreal, Quebec distributes its mission reports to the media, Type of organization H2Y 3X7 governments and international institutions. NGO in consultative status with the United Canada Nations Economic and Social Council and Tel.: +1 514 287 3280 Web home page with UNICEF Fax: +1 514 287 9702 Information about FIDH activities; list of Geographic scope E-mail [email protected] publications, arranged by country; full text of Affiliated offices in Belgium, Canada, Denmark, Contact press releases on human rights issues. Can France, Germany, Luxembourg, Netherlands, Stephen King , Executive Director be viewed in English, French or Spanish. Switzerland and Syria; working with partners in Year founded http://www.fidh.imaginet.fr 55 countries of Africa, Asia and Latin America 1928 Activities Type of organization International Federation of Social Workers Committed to the legal regulation of NGO in consultative status with the Food and P.O. Box 4649 international adoption as an effective way of Agriculture Organization, the International Sofienberg protecting children and parents from Labour Organization (ILO), UNICEF, the N-0506 Oslo exploitation and abuse. As such, contributed to United Nations Economic and Social Council Norway drafting and promotion of the Hague and the World Health Organization Tel.: +47 23 061152 Convention on Intercountry Adoption. IFTDH Geographical scope Fax: +47 23 061114 members also try to address root causes that Represents a range of international NGOs in E-mail: [email protected] compel parents to abandon children at birth over 70 countries, mostly in the developing world Contact (by, for instance, supporting development Activities Tom Johannesen, Secretary General projects aimed at securing income-generating Promotes sound and sustainable forms of Year founded activities for poor families or mothers, setting

Innocenti Digest 4 - social development, which aim to reduce Originally founded 1928, refounded 1956 up accessible day care centres); promotes poverty, hardship and vulnerability Type of organization domestic adoption. throughout the world; advocates fundamental NGO with special consultative status with the Information services rights to food, shelter, education, health care Economic and Social Council of the United Provides publications, contacts with different and other essential social services; carries out Nations and with UNICEF, in the ILO special members of IFTDH network, information on

Intercountry Adoption its mission through policy work, membership list of NGOs, and accredited as an NGO with projects and best practice. support, information dissemination (e.g. its the Council of Europe and the European quarterly publication Social Development Commission. Web home page Review) and public advocacy; holds sub- Geographical scope Details of mission, status and structure, and regional and global conferences on 70 national associations of professional social contact address. Will soon contain implementation of the goals of the World workers worldwide with more than 440,000 publications catalogue. 20 Summit for Social Development; collaborates members. http://www.iftdh.org Links

International Foster Care Organisation Ltd Information services Contact (IFCO) The ISS/IRC makes its information services Antonio Fortin, Chief, General Legal Advice c/o National Foster Care Association available to Central Authorities, accredited Section 87 Blackfriars Road bodies and children’s rights organizations, but Year founded London SE1 8HA not to the general public. Useful documents 1951 United Kingdom and information relating to intercountry Type of organization Tel.: +44 171 620 6400 adoption are, however, accessible through Intergovernmental organization Fax: +44 171 620 6401 ISS’s website. Geographical scope E-mail: [email protected] Worldwide Contact Activities Gerri McAndrew, President Web home page Protects refugees by promoting adherence to Year founded Texts or extracts of the international international agreements on refugees and 1981 conventions and declarations related to substitute family care; full texts of studies of constantly monitoring compliance by Geographical scope particular interest for the promotion and governments; assists refugees by coordinating International implementation of children’s rights in the provision of shelter, food, water, sanitation Type of organization adoption; a database of documents on child and medical care in emergency situations; NGO protection. Currently in English and French. and seeks durable solutions for the problems Activities www.childhub.ch/iss of refugees through repatriation to their Arranges regional and international homeland, integration in first countries of conferences, provides training and International Society of Family Law (ISFL) asylum or resettlement to third countries. Has consultancy services. c/o Professor Lynn Wardle drawn up guidelines on adoption, especially Information services 518 JRCB during and after emergency phases, whose Quarterly magazine. International Brigham Young University aim is to ensure that any adoption is Standards on Foster Care. Provo UT 84602 undertaken only in the best interests of the USA child. International Social Service (ISS or SSI) Tel.: +1 801 3782617 32 quai du Seujet Fax: +1 801 3785893 or 3595 CH-1201 Geneva E-mail: [email protected] Switzerland Contact Tel.: +41 22 9067709 Lynn D. Wardle, ISFL Secretary-General Web home page Contains information about UNHCR’s Fax: +41 22 9067701 Year founded E-mail: [email protected] activities, press releases and a searchable 1973 collection of full-text databases with up-to- Contact Type of organization date information on refugee populations Chantal Saclier, International Coordinator, NGO worldwide. French and German language International Resource Centre (IRC) Geographical scope versions also available. Year founded International http://www.unhcr.ch 1924 Activities Type of organization Organizes world scholarly conferences every NGO with consultative status with the three years and regional conferences in Economic and Social Council of the United between. Carries out an annual international Nations, UNICEF and the Council of Europe. survey and publishes a semi-annual Geographical scope newsletter. On the Web International Information services Activities Experts available for conferences and National Adoption Information Clearinghouse In the field of adoption, carries out individual consultation On-line resource on all aspects of adoption, international casework (searching for including infant, intercountry and adoptees’ origins, checking validity of birth special needs adoption, provided by the family’s consent on request from competent Web home page Administration for Children, Youth and bodies, conducting homestudies in certain Contains ISFL Newsletter, a selection of recent Families, Department of Health and Human publications of note by ISLR members and countries, and advising in cases of adoption Services, Washington, DC. recent events of interest. http://www.calib.com/naic disruption); maintains an international http://www.law.byu.edu/ISFL/Main.html resource centre on the protection of children in adoption (IRC/ISS); carries out research on Information about International Adoption United Nations High Commissioner for Site organized by the Ministry of Community legislation and good practice in adoption- Refugees (UNHCR) and Social Services, Ontario, Canada. related matters, produces publications and P.O. Box 2500 Provides general information about disseminates information that promote CH-1211 Geneva 2 international adoption as well as country- children’s rights in respect to adoption, gives Switzerland specific details. professional support for carrying out Tel.: +41 22 7397798 http://www.gov.on.ca/CSS/ situational analyses and running training Fax: +41 22 7397377 page/brochure/intadopt.html programmes. E-mail: [email protected] Innocenti Digest 4 - Intercountry Adoption

21 Information sources

Selected readings 24 Duncan, W., ‘Conflict and Co-operation. The Approach to Conflicts of Law 1 Agallopoulou, P., ‘La Réglementation des Adoptions Internationales Selon in the 1993 Hague Convention on Intercountry Adoption’, in Lowe and le Droit Hellénique’, in Lowe and Douglas (eds.), 1996. Douglas (eds.), 1996. 25 2 Alstein, H. and Simon, R. J. (eds.), Intercountry Adoption — A Multinational Fadiga, L., ‘L’Adoption nationale et internationale en Italie (1984/1989)’, Perspective, Praeger, New York, 1991. Ministero di Grazie e Giustizia, Ufficio per la Giustizia Minorile, Rome, June 1990. 3 Ames, E. W., ‘The Development of Romanian Orphanage Children 26 Adopted to Canada’, National Welfare Grants Program, Human Resources Fahlberg, V., A Child’s Journey through Placement, Perspectives Press, Development, Canada, January 1997. Indianapolis, 1991. 27 4 Bagley, C., International and Transracial Adoptions: A Mental Health Fletcher, B. (ed.), ‘Protecting the Rights of the Child in Intercountry Perspective, Avebury, Ashgate Publishing Ltd., Aldershot, 1993. Adoption’, Adoption and Fostering, 1993, no. 2, p. 1. 28 5 Bartholet, E., ‘International Adoption: Overview’, in Holinger, J. H. (ed.), Frank, R., ‘The Recognition of Intercountry Adoptions in the Light of the Adoption Law and Practice, New York, 1994. 1993 Hague Convention on Intercountry Adoption’, in Lowe and Douglas (eds.), 1996. 6 Bucher, A., ‘Commentaire sur la Convention de la Haye du 29 mai 1993’, in 29 Doek, van Loon and Vlaardingerbroek (eds.), 1996. Hague Conference on Private International Law, ‘Report of the Working Group to study the application to refugee children of the Hague 7 Cantwell, N., ‘The Future Hague Convention on Intercountry Adoption. Convention of 29 May 1993 on Protection of Children and Co-operation in Within Limits’, International Children’s Rights Monitor, Defence for Respect of Intercountry Adoption (12-14 April 1994), Permanent Bureau of Children International, Geneva, 1991, vol. 8, special issue. the Conference, The Hague, September 1994. 8 Cantwell, N. ‘Regulating Intercountry Adoption from Albania. Just in 30 Himes, J. R., Kessler, S. and Landers, C., ‘Children in Institutions in Central Time!’, International Children’s Rights Monitor, Defence for Children and Eastern Europe’, Innocenti Essays, UNICEF International Child International, Geneva, 1992, vol. 9, nos. 3-4. Development Centre, Florence, 1991. 9 Cantwell, N., ‘The New Hague Convention on Intercountry Adoption. Will It 31 International Bar Association, The Intercountry Adoption Process from the Work?’, International Children’s Rights Monitor, Defence for Children UK Adoptive Parents’ Perspective, IBA, London, 1991. International, Geneva, 1993, vol. 10, no. 3. 32 International Council on Social Welfare, Adoption Centre, and 10 Cantwell, N., ‘Adoption as a Protection Measure: Where the International Social Service, The Child’s Right to Grow Up in a Family: Responsibilities Lie’, statement made at the International Conference on Guidelines for Practice on National and Intercountry Adoption and Foster Protecting Children through Adoption, held in Bucharest, 16-17 October Family Care, Adoption Centre - Sweden, Bangalore, 1997. 1995, UNICEF, Geneva. 33 International Social Service, Guidelines on Procedures for Intercountry 11 Cantwell, N., ‘Intercountry Adoption and Children’s Rights in the CEE Adoption, ISS, Geneva, 1992. Region’, in United Nations Children’s Fund, ICDC, 1997. 34 International Social Service, Adoption Transnationale, Recherche, Centre 12 Cederblad, M., Mercke, A. M. and Irhammar, M., The Identity and International de Référence et de Suivi, ISS, Geneva, July 1996. Adjustment of Internationally Adopted Teenage Children, Department of 35 Child Youth Psychiatry, Lund University, Sweden, 1994. International Social Service (ed.), Internal and Intercountry Adoption Laws, Kluwer Law International, Dordrecht, 1996 and 1997. 13 Colton M. and Hellinckx, W. (eds.), Child Care in the EC: A Country- 36 Specific Guide to Foster and Residential Care, Arena, Ashgate Publishing International Social Service, Children’s Rights and Adoption, Leaflet, ISS, Ltd., Aldershot, 1993. Geneva, 1998. 37 14 Colton, M. and Williams, M., The World of Foster Care: An International Istituto degli Innocenti, Centro Italiano per l’Adozione Internazionale and Sourcebook on Foster Family Care Systems, Arena, Ashgate Publishing the Tuscan Region, ‘Europe Meets in Florence for a Workshop on Ltd., Aldershot, 1997. Intercountry Adoption’, Report of EurAdopt meeting held in Florence on 24 April 1998, CIAI, 1998. 15 Commonwealth Secretariat, ‘Hague Convention on Protection of Children 38 and Co-operation in Respect of Intercountry Adoption 1993’, Jaffe, E. D. (ed.), Intercountry Adoptions: Laws and Perspectives of Commonwealth Law Bulletin, 1993, no. 4, p. 1587. “Sending” Countries, Martinus Nijhoff, Dordrecht, 1995. 39 16 Defence for Children International and International Social Service, Kane, S., ‘The Movement of Children for International Adoption: An Romania: The Adoption of Romanian Children by Foreigners, DCI and Epidemiologic Perspective’, International Social Service, Geneva, 1993, or ISS, Geneva, 1991. The Social Science Journal, vol. 30, no. 4, pp. 323-339, 1993. 40 17 Defence for Children International, United Nations Children’s Fund, Kounougeri-Manoledaki, E., ‘Difference of Religion and the Adoption of International Catholic Child Bureau and International Social Service, Minors in Greek Law (Marginal Issues regarding Adoption and Parental Implementation of the Convention on the Rights of the Child: Seeking Care)’, in Lowe and Douglas (eds.), 1996. Family-based Alternatives for Children Who Are Abandoned or at 41 Libri, A., ‘Aspetti sociali dell’adozione internazionale e del suo rapido Risk of Abandonment - Regional Seminar for Eastern and Central incremento’, in L’Adozione Internazionale: Aspetti sociali, giuridici e psico- Europe, DCI, ISS, UNICEF and ICCB, Geneva, 1992. logici, Minutes of a Seminar held at the Istituto degli Innocenti, Florence, 18 Defence for Children International, International Federation Terre des on 10 May 1996, Istituto degli Innocenti, Florence, 1997. Hommes and International Social Service, ‘Preliminary Findings of a Joint 42 Lowe, N. and Douglas, G. (eds.), in association with the International Investigation on “Waiting Period” in Intercountry Adoption’, DCI, IFTDH Society of Family Law, Families Across Frontiers, Martinus Nijhoff and ISS, Geneva, 1991. Publishers, Dordrecht, 1996. 19 Defence for Children International, International Federation Terre des 43 Lücker-Babel, M.-F. Adoption internationale et droits de l’enfant, Hommes and International Social Service, ‘Preliminary Findings of a Joint Qu’advient-il des laissés-pour-compte?, Defence for Children Investigation on Independent Intercountry Adoptions’, DCI, IFTDH and International, Section Suisse, Editions Universitaires, Fribourg, 1991. ISS, Geneva, 1991. 44 Lücker-Babel, M.-F., ‘Adoption internationale: Comprendre les nouvelles 20 Doek, J., van Loon, H. and Vlaardingerbroek, P., Children on the Move: normes’, in Les cahiers des droits de l’enfant, Vol. 4, Défense des Enfants Innocenti Digest 4 - How to Implement Their Right to Family Life, Martinus Nijhoff Publishers, International, Geneva, 1996. The Hague, 1996. 45 21 Moro, A. C., ‘Adozioni e affidi internazionali: quando nell’interesse dei Duncan, W., ‘The Hague Convention on Protection of Children and Co- minori’?, in Istituto degli Innocenti, Centro Italiano per l’Adozione operation in Respect of Intercountry Adoption 1993’, in Adoption and Internazionale and the Tuscan Region, 1998. Fostering, 1993, no. 3, p. 9. 46 Intercountry Adoption 22 Ngabonziza, D., ‘Inter-country Adoption: In Whose Best Interests?’, Duncan, W., ‘The Hague Convention on Protection of Children and Co- International Social Service, Geneva, 1987. operation in Respect of Intercountry Adoption 1993. Some Issues of Special Relevance to Sending Countries’, in Jaffe, E. D. (ed.), 1995. 47 NGO Committee on UNICEF and International Social Service, Substitute 23 Duncan, W., ‘Intercountry Adoption: Some Issues in Implementing and Families, NGO Committee on UNICEF and ISS, Geneva, 1993. Supplementing the 1993 Hague Convention on Protection of Children and 48 Operetti, D., Comentarios a la Convención Interamericana sobre Co-operation in Respect of Intercountry Adoption’, in Doek, van Loon and Conflictos de Leyes en Materia de Adopción de Menores, Instituto 22 Vlaardingerbroek (eds.), 1996. Interamericano del Nino, Montevideo, 1986. Information sources

49 Parra-Aranguren, G., Convention of 29 May 1993 on Protection of Children 74 Verhellen, E. and Spiesschaert, F., Monitoring Children’s Rights, Mys and and Co-operation in Respect of Intercountry Adoption: Explanatory Breesch, Ghent, 1994. Report, Hague Conference on Private International Law, The Hague, 1994. General references 50 Parra-Aranguren, G., ‘History, philosophy and general structure of the 75 Babakian, G., ‘Wanted: Honest Brokers for Adoption’, The Moscow Times, Hague Adoption convention’, in Doek, van Loon and Vlaardingerbroek October 7, 1994. (eds.), 1996. 76 Calvo, E., Spanish National Committee for UNICEF, communication, July 51 Parra-Aranguren, G. ‘An overview of the 1993 Hague Inter-Country 1998. Adoption Convention’, in Lowe and Douglas (eds.), 1996. 77 Cantwell, N., ‘Note on the Need for a Recognized UNICEF Policy on 52 Pfund, P., ‘Intercountry Adoption: The 1993 Hague Convention - Its Intercountry Adoptions’, UNICEF International Child Development Centre, Purpose, Implementation and Promise’, in Family Law Quarterly, Florence, 1997. American Bar Association, Chicago, 1994. 78 Economic and Social Council, Commission on Human Rights, ‘Rights of 53 Pilotti, F. J., ‘Inter-country Adoption; A view from Latin America’, in the Child: Report of the Special Rapporteur on the sale of children, child Hoksbergen, R. and Gokhale, S. (eds.), Adoption in Worldwide prostitution and child pornography, Report submitted by Mrs. Ofelia Perspective, Lisse, Berwen, 1986, pp. 143-149. Calcetas-Santos, Special Rapporteur, E/CN.4/1996/100, 17 January 1996. 54 Pilotti, F. J., ‘Intercountry Adoption - Trends, Issues and Policy Implications 79 Florent, J., ‘Adoption Illégale: Le Scandale’, Elle, 1994, pp. 92-96. for the 1990s’, in Childhood, Instituto Interamericano del Nino, Montevideo, 80 Hague Conference on Private International Law, Recommendation, 21 1993, vol. 1, pp. 165-177. October 1994, para 2a. 55 Rámila, Ramón Cadena, ‘New Forms of Violence Against Children: A 81 The Independent, ‘Adoption racket revealed’, 28 March 1992. Report on the and International Adoptions in 82 Guatemala’, summary of Spanish original, mimeo, 1994. International Committee of the Red Cross (with the United Nations High 56 Commissioner for Refugees, UNICEF and the International Federation of Reitz, M. and Watson, K. W., Adoption and the Family System: Strategies Red Cross and Red Crescent Societies), Joint Statement on the for Treatment, The Guildford Press, New York, 1992. Evacuation of Unaccompanied Children from Rwanda, Geneva, June 57 Rios-Kohn, R., ‘Intercountry Adoption: An international perspective on the 1994. practice and standards’, Adoption Quarterly (4), 1998, citing Stanley, A., 83 International Herald Tribune, ‘Adopting Children From Abroad’, May 22- ‘Hands Off Our Babies, A Georgian Tells America’, New York Times, 29 23, 1993, p. 7. June 1997, p. 1 and 12. 84 58 McCombs, P., ‘Anything for the Children’, The Washington Post, Style, 29 Rosettenstein, D. S., ‘Trans-Racial Adoption in the United States and the Impact August 1994, p. B1. of Considerations Relating to Minority Populations Groups on International 85 Adoptions into the United States’, in Lowe and Douglas (eds.), 1996. McCreery, R., ‘Inter-country Adoption: Summary of Background Paper 59 and Commentary’, unpublished report, Bucharest, August 1992; and Saclier, C., The Hague Convention on Protection of Children and Co-opera- communication to S. Kessler, CEE Unit, UNICEF, New York, tion in Respect of Intercountry Adoption — A Convention in the Best Interests ‘Intercountry Adoption of Romanian Children’. Ref. 93/NY/GUA/20, 3 of the Child, Substitute Families Workshop, World NGO Forum, Malta, February 1993. National Committee for UNICEF and International Social Service, 1993. 86 60 Netherlands, Government of, Ministry of Justice, ‘Statistical figures con- Saclier, C., ‘La Adopción, un Elemento de una Política Global de cerning the placement into families in the Netherlands of foreign adoptive Protección de la Infancia’, International Social Service, Geneva, 1997. children over the years 1993-1997’, mimeo, 1998. 61 Saclier, C., ‘Ethique et Adoption’, International Social Service, Geneva, 87 Netherlands, Government of, Ministry of Justice, ‘Centre for Information 1996. and Preparation on the Adoption of Foreign Children (Bureau VIA)’, 62 Selman, P. and While, J., ‘Mediation and the Role of “Accredited Bodies” mimeo, The Hague, 1998. in Intercountry Adoption’, Adoption and Fostering, 1994, vol. 18, no. 2. 88 O’Donoghue, P. J, Vheadline/VNews, 6 August 1998. 63 Swedish National Board for Intercountry Adoptions, Intercountry 89 Smolowe, Jill, ‘Babies for Export’, Time, Domestic edition, August 22, 1994, Adoptions: What Is the State of Research and What New Fields Need to Be vol. 144, no. 8. Investigated?, NIA, Stockholm, 1991. 90 64 Spain, Government of, Ministerio de Trabajo y Asuntos Sociales, La Terado, Y., ‘Intercountry Adoption and Child Welfare in Japan’, in Lowe Buena Practica en la Protección Social a La Infancia - Principios y and Douglas (eds.), 1996. Criterios, Ministerio de Trabajo y Asuntos Sociales, Subdirección General 65 Terre des Hommes France, Enquête sur l’adoption internationale: bilan de Publicaciones, Madrid, 1997. dix ans après, Terre des Hommes France, Saint-Denis, 1992. 91 United Nations Children’s Fund, Progress of Nations 1997, UNICEF, New 66 Tolfree, D., Roofs and Roots - The Care of Separated Children in the York, 1997. Developing World, Arena, Ashgate Publishing Ltd., Aldershot, 1995. 92 United Nations Children’s Fund, International Child Development Centre, 67 Triseliotis, J., Sellick, C. and Short, R., Foster Care - Theory and Practice, ‘Children at Risk in Central and Eastern Europe: Perils and Promises’, B. T. Batsford, London, 1995. Economies in Transition Studies, Regional Monitoring Report, no. 4, 68 United Nations Children’s Fund and International Save the Children UNICEF, Florence, 1997. Alliance, Alternatives to Institutional Child Care - Report of the Workshop 93 United Nations Children’s Fund, Progress of Nations 1998, UNICEF, New for Central and Eastern Europe, National Research and Development York, 1998. Centre for Welfare and Health, Helsinki, 1995. 94 United Nations General Assembly, ‘Promotion and Protection of the Rights 69 United Nations Children’s Fund, International Social Service and Defence of Children: Sale of children, child prostitution and child pornography’, for Children International in cooperation with the Hague Conference on provisional report prepared by Mr. Vitit Muntarbhorn, Special Rapporteur Private International Law, Regulating Intercountry Adoption from of the Commission on Human Rights on the sale of children, child prostitu- Albania, UNICEF/ISS/DCI, Geneva, 1992. tion and child pornography, A/49/478, 5 October 1994. 70 United Nations High Commissioner for Refugees, Report on the Protection 95 United Nations High Commissioner for Human Rights, ‘Convention on the Innocenti Digest 4 - of Refugee Children with Respect to Intercountry Adoption, UNHCR, Rights of the Child, Declarations and Reservations’, 1997, found at Geneva, 1994. http://hri.ca/fortherecord1997/documentation/reservations/crc.htm on 7 71 van Loon, J. H. A., Report on Inter-country Adoption, Hague Conference on May 1998. Private International Law, The Hague, 1990. 96 United Nations High Commissioner for Refugees, Les enfants réfugiés - Intercountry Adoption 72 van Loon, J. H. A., International Co-operation and Protection of Children principes directeurs concernant la protection et l’assistance, UNHCR, with Regard to Intercountry Adoption, Recueil des cours, vol. 244 (1993-VII), Geneva, 1994. Martinus Nijhoff Publishers, Dordrecht, 1993. 97 United Nations Secretariat, Committee on the Rights of the Child , 73 van Loon, J. H. A., ‘Transnational Family Care for Children: Adoption, ‘Summary record of the 168th meeting: Paraguay. 07/10/94’, Foster Care and Temporary Care - The (Potential) Significance of the CRC/C/SR.168. Hague Conventions’, in Istituto degli Innocenti, Centro Italiano per 98 United States State Department, Bureau of Consular Affairs, ‘International l’Adozione Internazionale and the Tuscan Region, 1998. Adoptions’, February 1997. 23 Clipboard

THE CONVENTION ON THE RIGHTS OF THE CHILD

Article 20 1. A child temporarily or permanently deprived of his or her family environment, or in whose own best interests can- not be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State. 2. States Parties shall in accordance with their national laws ensure alternative care for such a child. 3. Such care could include, inter alia, foster placement, Kafala of Islamic Law, adoption, or if necessary placement in suitable institutions for the care of children. When considering solutions, due regard shall be paid to the desirability of continuity in a child’s upbringing and to the child’s ethnic, religious, cultural and linguistic background. The UNICEF International Child Development Centre, often referred to as the Innocenti Centre, was established in Article 21 Florence, Italy, in 1988. The Centre undertakes and States Parties that recognize and/or permit the system of adoption shall ensure that the best interests of the child shall promotes policy analysis and applied research, provides a be the paramount consideration and they shall: forum for international professional exchanges of (a) Ensure that the adoption of a child is authorized only by competent authorities who determine, in accordance with experiences, and disseminates ideas and research results applicable law and procedures and on the basis of all pertinent and reliable information, that the adoption is per- emanating from its activities. On a highly selective basis, missible in view of the child’s status concerning parents, relatives and legal guardians and that, if required, the per- in areas of programme relevance, the Centre also provides sons concerned have given their informed consent to the adoption on the basis of such counselling as may be nec- training and capacity-building opportunities for UNICEF essary; staff and professionals in other institutions with which (b) Recognize that intercountry adoption may be considered as an alternative means of a child’s care, if the child can- UNICEF cooperates. The Centre is housed within the not be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child’s country Spedale degli Innocenti, a foundling hospital that has been of origin; serving abandoned or needy children since 1445. Designed by Filippo Brunelleschi, the Spedale is one of the (c) Ensure that the child concerned by intercountry adoption enjoys safeguards and standards equivalent to those outstanding architectural works of the early European existing in the case of national adoption; Renaissance. (d) Take all appropriate measures to ensure that, in intercountry adoption, the placement does not result in improper financial gain for those involved in it; This issue of the Innocenti Digest has been compiled (e) Promote, where appropriate, the objectives of the present article by concluding bilateral or multilateral arrange- principally by Nigel Cantwell, Senior Project Officer at ments or agreements, and endeavour, within this framework, to ensure that the placement of the child in another ICDC. The founder of the Geneva-based NGO, Defence country is carried out by competent authorities or organs. for Children International, he participated actively in the drafting of the CRC and the Hague Convention on Article 35 Intercountry Adoption and has carried out advisory work States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale on intercountry adoptions with or for several UNICEF of or traffic in children for any purpose or in any form. offices, notably in Central Europe. Chantal Saclier also contributed to various sections of the Digest, especially those relating to good practice, in addition to writing How to order: Up to 25 copies of this Digest and past issues are available free of charge. Bulk orders over 25 copies are the Discussion Site. An active participant in the drafting available at the cost of distribution and handling: please contact us for a written quotation. Send requests to: of the Hague Convention on Intercountry Adoption, she International Child Development Centre is currently Program Director at the International Social Piazza SS. Annunziata, 12 Service (ISS) headquarters, in Geneva. The Centre is 50122 Florence, Italy grateful to experts who reviewed the various drafts of this Tel: +39 055 234 5258 publication, in particular: Hans van Loon, Secretary Fax: +39 055 244 817 General of the Hague Conference on Private International E-mail: [email protected] Law, The Hague; and Ms. Lourdes Balanon, Director, Programs and Special Projects Bureau, Department of Social Welfare and Development, Philippines. Special thanks go also to ISS’s International Resource Centre on the Protection of Children in Adoption, Geneva; and to PAST ISSUES the various Central Authorities, UNICEF country offices and National Committees for UNICEF that have provided ID 1: Ombudswork for Children, 1997, 20 pp. Digest This Digest provides information on the recent and expanding phenomenon of ombudsmen/commissioners for chil- information for this . dren. It discusses the history of ombudswork; patterns in the origin, development, mandate and status of the differ- ent types of ombudsman offices; the functions of ombudswork in theory and practice; and characteristics essential The opinions expressed are those of the authors and to this kind of work. It ends with details of 16 existing ombudsmen/commissioners for children and a selected bibli- do not necessarily reflect the policies or views of ography on the topic. UNICEF. ID 2: Children and Violence, 1997, 24 pp. Extracts from this publication may be freely This Digest explores interpersonal violence to and by children, using the Convention on the Rights of the Child as reproduced provided that due acknowledgment is given to

Innocenti Digest 4 - its framework. Sexual abuse and exploitation, children’s involvement in armed conflict, the prevalence of violence the source and to UNICEF. involving children and the reasons that children become violent are among the main issues explored. The Digest ends with a discussion on strategies for combating violence involving children. Contact and programme details of We invite comments on the Digest and suggestions on regional and international NGOs working in this area, and a compilation of selected readings are also provided. how it could be improved as an information tool. ID 3: Juvenile Justice, 1998, 24pp. Intercountry Adoption Design: Bernard Chazine The third Innocenti Digest deals with the main issues connected with children and young people coming into conflict with the law and contact with the justice system. It looks at standards and problems from arrest through to the Layout and photolithography: Bernard & Co. Siena/Italy court hearing and sentencing, use of custodial measures and ways of avoiding the child’s unnecessary and counter- Printed by: Arti Grafiche Ticci - Siena/Italy productive involvement with the formal justice system. It also covers prevention questions. Like previous publica- tions in the series, it contains practical information on the major players and sources of further, more detailed infor- ISSN 1028-3528 December 1998 24 mation.