Hague Convention on Inter-Country Adoption

International Scenario -

Article 19(1) of The United Nations Convention on the Rights of the Child provides that States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.

Many national and international instruments have played a dominant role in popularizing the practice of adoption. Among these the ones noteworthy of mention are The National Policy for Children, 1974; The United Nations Declaration on the Rights of the Child, 1959 and most importantly The United Nations Convention on the Rights of the Child, 1989. Article 20 of The United Nations Convention on the Rights of the Child, states that children temporarily or permanently deprived of family environment, shall be entitled to protection and assistance provided by the State and that State Parties should in accordance with their national laws ensure alternative care for such a child. Such care could include, inter alia foster placement, kafalah of Islamic law, adoption or institutional placement. The focus of adoption has shifted from the needs of the parents to the rights of the child in the family.

Hague Convention on Inter-Country adoption, 1993

The Convention recognizes that for full and harmonious development of his or her personality, the child should grow up in a family environment, in an atmosphere of happiness, love and understanding. The Convention also states that the objectives of inter-country adoption should be in the best interests of the child, with respect to their fundamental rights and to prevent abduction, sale and traffic in children.

Salient features of the Hague Convention.-

a)      Child should be adoptable.

b)      Possibilities of placement of child within the State have been given due consideration.

c)      Consent from required persons, institutions and authorities has been given in legal form who have been counseled about the legal effects of adoption.

d)     The consents have not been induced by any payment or compensation.

e)      Consideration has been given to the child’s wishes.

f)       There will be a Central Authority in each contracting State.

g)      Persons residing in one contracting state, who wish to adopt a child habitually resident in another contracting state, shall apply to the Central Authority in the State of their habitual residence.

h)      Report will be made by the Central Authority of the receiving State to determine if the applicants are eligible and suited to adopt.

i)        Report shall be transmitted to the Central Authority of State of origin.

j)        If the Central Authority of the State of origin is satisfied that the child is adoptable, it shall prepare a report about the child’s identity, background, family history, social environment, medical history, any special needs of the child, etc.

k)      It shall be determined if the adoption is in the best interest of the child, with due consideration to the child’s ethnic, religious or cultural background.

l)        If after the transfer, placement is not in the interest of the child, child maybe withdrawn and either put to temporary care or a new placement or brought back if his or her interests so require.

m)    Competent Authority of a contracting state shall ensure that information held by them concerning child’s origin, in particular information of identity of parents as well as medical history, is preserved.

n)      No improper financial or other gain, only costs and expenses, and reasonable professional fees of those involved, maybe charged.

o)      Competent authorities shall act expeditiously.

p)      The Secretary General of Hague Convention on Private International Law shall at regular intervals convene a Special Commission in order to review the practical operation of the Convention.

q)      The Convention is open for signature by the States who were members of the Hague Convention.

r)       Any other State may accede to the Convention. Such accession shall have effect only as regards relations between acceding state and those contracting states which have not raised an objection in the 6 months after receipt of the notification. Such an objection may also be raised by the states at the time when they ratify, accept or approve the convention after an accession. Any such objection shall be notified to the depository.