UNICEF's position on Inter-country adoption (Hague version of subsidiarity)

Drafted by Nigel Cantwell - see Romania for Export Only

UNICEF's position on Inter-country adoption

UNICEF has received many enquiries from families hoping to adopt children from countries other than their own.  UNICEF believes that all decisions relating to children, including adoptions, should be made with the best interests of the child as the primary consideration. The Hague Convention on International Adoptions is an important development, for both adopting families and adopted children, because it promotes ethical and transparent processes, undertaken in the best interests of the child.  UNICEF urges national authorities to ensure that, during the transition to full implementation of the Hague Convention, the best interests of each individual child are protected.

The Convention on the Rights of the Child, which guides UNICEF’s work, clearly states that every child has the right to know and be cared for by his or her own parents, whenever possible.  Recognising this, and the value and importance of families in children’s lives, UNICEF believes that families needing support to care for their children should receive it, and that alternative means of caring for a child should only be considered when, despite this assistance, a child’s family is unavailable, unable or unwilling to care for him or her.

For children who cannot be raised by their own families, an appropriate alternative family environment should be sought in preference to institutional care which should be used only as a last resort and as a temporary measure. Inter-country adoption is one of a range of care options which may be open to children, and for individual children who cannot be placed in a permanent family setting in their countries of origin, it may indeed be the best solution.  In each case, the best interests of the individual child must be the guiding principle in making a decision regarding adoption.

Over the past 30 years, the number of families from wealthy countries wanting to adopt children from other countries has grown substantially. At the same time, lack of regulation and oversight, particularly in the countries of origin, coupled with the potential for financial gain, has spurred the growth of an industry around adoption, where profit, rather than the best interests of children, takes centre stage.  Abuses include the sale and abduction of children, coercion of parents, and bribery. 

Many countries around the world have recognised these risks, and have ratified the Hague Convention on Inter-Country Adoption.  UNICEF strongly supports this international legislation, which is designed to put into action the principles regarding inter-country adoption which are contained in the Convention on the Rights of the Child.  These include ensuring that adoption is authorised only by competent authorities, that inter-country adoption enjoys the same safeguards and standards which apply in national adoptions, and that inter-country adoption does not result in improper financial gain for those involved in it.  These provisions are meant first and foremost to protect children, but also have the positive effect of providing assurance to prospective adoptive parents that their child has not been the subject of illegal and detrimental practices.

The case of children separated from their parents and communities during war or natural disasters merits special mention.  It cannot be assumed that such children have neither living parents nor relatives. Even if both their parents are dead, the chances of finding living relatives, a community and home to return to after the conflict subsides exist.  Thus, such children should not be considered for inter-country adoption, and family tracing should be the priority. This position is shared by UNICEF, UNHCR, the International Confederation of the Red Cross, and international NGOs such as the Save the Children Alliance.