Inter-country adoptions and organised crime

Answer in writing

Priority question for written answer  P-000699/2023
to the Commission
Rule 138
Ladislav Ilčić (ECR)

In several EU Member States, cases have been recorded in which it was
proven that children adopted via inter-country adoption procedures
were previously victims of human trafficking, mainly from countries
that are not signatories to the Hague Convention. Eight Croatian
citizens who were hoping to adopt children from the Democratic
Republic of Congo are currently detained in Zambia on suspicion of
child exploitation. In view of the principle of free movement in the
EU, which is one of the fundamental rights of EU citizens, such cases,
although primarily within the competence of Member States, have a
European dimension on account of potential abuses by international
criminal networks. This is also borne out by data from relevant
institutions such as Interpol, UNICEF and the organisation Save the
Children, which shows a global rise in organ trafficking (which also
affects children) and an increase in child pornography and
prostitution. In accordance with the above:

1.Is the Commission planning specific guidelines to help the Member
States improve the international adoption process with a view to the
long-term welfare of children, protecting the integrity of adoptive
parents and preventing human trafficking in the EU?
2.Is it planning to take diplomatic steps to persuade the Democratic
Republic of Congo and other non-signatory countries to the Hague
Convention to adopt the latter and to adapt their system to the
standards enshrined therein?

Submitted: 2.3.2023






Answer given by Mr Reynders on behalf of the European Commission

25.4.2023

Written question

There is no EU legislation on adoption. At the international level,
adoption is currently governed by national laws and international
conventions, in particular the Hague Convention on Inter-country
Adoption[1], (‘the Convention’) which has to date 105 Contracting
Parties including all Member States of the EU. However, it is
estimated that 50% of international adoptions are not carried under
the Convention.

The Convention operates through a system of national Central
Authorities, reinforces the United Nations Convention on the Rights of
the Child (Art. 21) and seeks to ensure that inter-country adoptions
are made in the best interests of the child and with respect for their
fundamental rights. One of the main objectives is to prevent the
abduction, the sale of, or traffic in children[2].

While Zambia is already Party to the Convention, the Democratic
Republic of Congo is not.

The Anti-trafficking Directive (the directive)[3] establishes minimum
standards for the definition of trafficking in human beings, including
a non-exhaustive list of the forms of exploitation, which are the
purpose of trafficking offences. Illegal adoption as a form of
exploitation has not been explicitly criminalised in the directive,
while practice among Member States varies in this respect.

In a wider context of legislative reforms to strengthen the criminal
framework against human trafficking in line with the EU Strategy on
Combating Trafficking of Human beings 2021-2025[4], on 19 December
2022 the Commission proposed a revision of the Anti-trafficking
Directive[5], including, inter alia, the addition of illegal adoption
as a form of exploitation covered by the directive.

[1] The Convention of 29 May 1993 on Protection of Children and
Cooperation in Respect of Intercountry Adoption (HCCH 1993 Adoption
Convention).
[2]  See the report of the Working Group on preventing and addressing
illicit practices in intercountry adoption
https://assets.hcch.net/docs/35d8530a-b5bd-4330-b2fc-abda099e7f6b.pdf
[3] Directive 2011/36/EU of the European Parliament and of the Council
of 5 April 2011 on preventing and combating trafficking in human
beings and protecting its victims, and replacing Council Framework
Decision 2002/629/JHA, https://db.eurocrim.org/db/en/doc/1513.pdf
[4] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52021DC0171
[5] Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL amending Directive 2011/36/EU on preventing and combating
trafficking in human beings and protecting its victims,
COM/2022/732 final.