Međudržavno posvojenje u Republici Hrvatskoj kroz prizmu slučaja posvojenja djece iz DR Konga

Abstract

Intercountry and interracial adoptions are forms of international adoption that imply the difference between adopter and adoptee in geographical, racial, and ethnic terms, which makes the adoption process very complex. The recent case of intercountry adoption of children from DR Congo by Croatian citizens confirmed the globally recognized controversy, questionability, and complexity of the intercountry adoption process. The key or additional problem in this case of intercountry adoption is the fact that DR Congo is not a party to the 1993 Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption. The case of intercountry adoption of children from DR Congo encouraged the authors to research and analyze international and national regulations and practices relevant to intercountry adoption. In this paper, the authors specifically analyze open issues related to intercountry adoptions in Croatian legislation, more precisely the recognition of foreign court decisions on adoption, minimum standards related to the establishment and recognition of intercountry adoptions, the possibility of termination of adoption, the citizenship status of adopted children, and the children's right to access information about adoption. In conclusion, the authors propose de lege ferenda solutions for the future regulation of intercountry adoptions.