Abstract
This article discusses implementation of the principle of subsidiarity in intercountry adoption cases. The authors demonstrate that, whilst this principle has become well established in international law, the precise nature of its application remains uncertain. The adverse effects of this uncertainty on the reception of the principle of subsidiarity in South African Law are analysed. It is shown that neither our courts nor the legislature have been able to provide the degree of clarity required by professionals and parties involved in intercountry adoption cases. A proposal for improved guidance is put forward.
Highlights
The subsidiarity principle is relevant for children in need of permanent alternative care
The authors demonstrate that, whilst this principle has become well established in international law, the precise nature of its application remains uncertain
It is shown that neither our courts nor the legislature have been able to provide the degree of clarity required by professionals and parties involved in intercountry adoption cases
Summary
This article discusses implementation of the principle of subsidiarity in intercountry adoption cases. The authors demonstrate that, whilst this principle has become well established in international law, the precise nature of its application remains uncertain. The adverse effects of this uncertainty on the reception of the principle of subsidiarity in South African Law are analysed. It is shown that neither our courts nor the legislature have been able to provide the degree of clarity required by professionals and parties involved in intercountry adoption cases. A proposal for improved guidance is put forward
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