Illegal Adoption Research Articles

Land Reform and Illegal Adoption of Children

Land Reform and Illegal Adoption of Children

Organized Crime and Illegal Adoption of Vulnerable Brazilian Children: A Human Rights Perspective

Organized Crime and Illegal Adoption of Vulnerable Brazilian Children: A Human Rights Perspective

Exploring variations and influencing factors of illegal adoption: A comparison between child trafficking and informal adoption

BackgroundIllegal adoption, which mainly includes child trafficking and informal adoption, has long been a prevalent social issue in China. However, the processes and patterns of illegal adoption are not well understood due to the scarcity of data. ObjectiveThe findings are expected to provide insightful clues for the government and the public to better understand the two categories of illegal adoption. Participants and settingThis study included 4296 trafficking cases and 4499 informal adoption cases between 1949 and 2018. The data came from the ‘Baby Coming Back Home’ (https://www.baobeihuijia.com) website, which is the most comprehensive commonweal forum established by nongovernmental volunteers for finding missing persons in China. MethodsMathematical statistics and hot spot analysis were used to visualize the spatiotemporal pattern of illegal adoption. ResultsChild trafficking and informal adoption show opposite gender preferences and different age gradients. The numbers of both cases peaked in the early 1990s and then dropped. More than 50 % of all trafficked children were male, whereas approximately 83 % cases of informal adoption were female between 1980 and 2000. Hot spots of illegal adoption have shifted from the cities of the Huai River Basin to the southeastern coastal cities over time, 39.40 % of trafficking cases occurred in rural residential areas, and 52.45 % of informal adoption cases were observed in hospitals. ConclusionsChild trafficking and informal adoption are two different ways of adopting children in China. The combination of the one-child policy and the traditional culture of son preference shaped the different characteristics of the illegal adoption of children during a critical period.

HARM TO LIFE AND HEALTH AS A RESULT OF ACTS OF ILLEGAL ADOPTION: CRIMINAL LEGAL AND MEDICO-PSYCHOLOGICAL ASPECTS.

The aim: To study the harm that can be a result of acts of illegal adoption and find out the effects on child life and health. Materials and methods: The following methods were used: system-structural, regulatory, dialectical and statistical processing, The article provides data of the Court Administration of Ukraine of 2001-2007 on the conviction of 5 individuals involved in illegal adoption. Also data of the Unified Register of Court Decisions of Ukraine as of the 4th of September 2022 have been processed which served as the basis of illegal adoption criminal proceedings with only 3 guilty verdicts out of total number which came into force. In addition, the article provides examples that have been published in the Internet, media of Poland, the Netherlands, US and Ukraine. Conclusions: It has been proved that acts of illegal adoption constitute criminal offence which not only infringes upon orphaned children settling procedures established by law, but also can be used for the "pseudo adoption" purposes, which can result in the following acts of violence against minors: physical, mental, sexual, psychological abuse, etc. The article considers their effect on life and health.

Transnational Adoption: A Curse or a Blessing? The Psychosocial Impact of Malpractices in Transnational Adoption on Adoptees

For decades, transnational adoption has been applied as a valuable measure for children in need of a family home, and for families to fulfill their child wish. The Hague Adoption convention (1993) was established to legally safeguard these processes. However, over the years, denouncements of illegal adoptions and malpractices arose. Notwithstanding, a lack of research giving overview of these malpractices and the consequences thereof remains. This contribution explores the experiences of adoptees in Flanders (Belgium) who experienced malpractices before, during and after their transnational adoption procedure. The research questions addressed are: “What malpractices do adoptees encounter?”, “How do adoptees experience malpractices in their adoption procedure?”, and “What needs do adoptees have?”. A self-assessment questionnaire, holding into account respondents’ own judgment, perception, experiences, and interpretation, was completed by 64 adoptees, and analyzed using both SPSS statistical software and Microsoft Excel. Furthermore, in-depth interviews with a heterogeneous group of 12 adoptees were conducted and thematically analyzed. Our findings contribute to descriptions of occurring malpractices, and finetune existing literature concerning the psychosocial impact of malpractices according to adoptees themselves. Findings illustrate intertwined consequences of more general, trauma related, identity development, and relationship issues. Although occurred malpractices cannot be undone, the adoptees having experienced malpractices highlight their needs and further necessary attention for the prevention of malpractices. Adequate attention and support for transnational adoption and those involved is discussed.

A review of perceptions, challenges and prospects of child adoption in nigeria

Child adoption in Nigeria is still an evolving process .The enactment of the Child's Right Act in Nigeria has legalized child adoption. The Objective of this study include to access the perception of child adoption in Nigeria; to determine the challenges of child adoption in Nigeria, and to investigate the prospects of child adoption in Nigeria. The method used was to explore secondary data, policy documents, existing studies and reviews from scholars, local and international organizations. Perception of child adoption slightly vary across the country, with most Nigerian having fair knowledge of the term “child adoption” which does not translate into its practice .It was also shown that infertility is the main factor that has influenced the rate of willingness and acceptability of child adoption in Nigeria. However, the ideology that biological ties are fundamental to family relations is associated with several stigmatizing beliefs about adoption, which may cause both the adoptee and the adoptive parents to feel socially marginalized and devalued. Just like other part of the world, child adoption in Nigeria is faced with several challenges ranging from stigmatization, unknown parental background, possible inherited or genetic diseases, psychological and religious beliefs, poverty, establishment of illegal adoption and orphanage homes, future claim by the biological parents, disloyalty or abandonment of adoptive parents the child when the child learns that he or she was adopted. The future prospects of child adoption lie in Nigerians taking seriously the principles and standards enunciated in the international adoption law of Nigeria that the best interest of children (which include their survival, development, protection and participation) should be the guiding principle in the whole adoption process. In conclusion , the perception, challenges and prospects of child adoption reviewed in this study shows child adoption in Nigeria is still evolving and requires the government, churches, other religious bodies, NGOs, individuals and the public at large to join hands in welcoming and implementing the right practices of child adoption, as well as ‘Child's Right Laws' .

The Influence of the Communist Authorities’ References to the March Constitution on the Formation of the Political System in Poland in the Years 1944–1947

The main purpose of this paper is to answer the question of whether the communist authorities’ references to the March Constitution in the 1944 Manifesto of the Polish Committee of National Liberation had a real impact on the shaping of the political system in Poland in 1944–1947. The authorities paid particular attention to the illegal adoption of the April Constitution, refusing its binding force, thus denying the legal activity of the Polish government in exile. The principles on which the March constitution was based will be discussed and then compared with the principles declared by the new authorities and their application in practice. Attention will be paid to the understanding of these principles that differs from the meaning adopted in the interwar period.

TYPES AND CAUSES OF VIOLENCE AGAINST CHILDREN IN EASTERN ZONE OF ARUNACHAL PRADESH

This paper explored the types and causes of violence against children in eastern zone of Arunachal Pradesh. Total eighteen professionals dealing child related issues in five districts of eastern zone (Anjaw, Dibang Valley, Lohit, Lower Dibang Valley, and Namsai) were selected as sample adopting snowball sampling technique. Personal interview using semi-structured interview schedule was used as tool to collect the required data. Content analysis technique was used to derive the result. The findings of the study revealed that physical violence, sexual violence, child labour, neglect, murder, rape-cum-murder, illegal adoption, child marriage, exposure to domestic violence, verbal abuse, and suicide are the types of violence against children in the eastern zone of Arunachal Pradesh. Among various types of violence, child labour is found as the main type of violence against children. Causes of violence against children further revealed that violence is caused by four interrelated factors such as individual, relation, community and society. Hence, it is suggested that prevention of violence against children calls for systematic effort that collectively address these four interrelated factors.

The aftermath of transnational illegal adoptions: Redressing human rights violations in the intercountry adoption system with instruments of transitional justice

A growing movement of illegally adopted individuals request remedies and reparations for the human rights violations that they and their biological families had suffered. This article explores a number of measures that the stakeholders in the receiving countries can use in an effort to repair the human rights violations caused by illegal intercountry adoptions, borrowing ideas from transitional justice. In order to effectively redress the harm inflicted upon victims of illegal adoptions, a policy on remedies should combine instruments of retributive justice, aimed at holding wrongdoers accountable, with measures of restorative justice that focus on the victims’ needs and interests.

COMBATING CHILD TRAFFICKING: IS THE CONVENTION ON THE RIGHTS OF THE CHILD (CRC) AND EXISTING LAWS IN MALAYSIA ADEQUATE?

This article is a study on human trafficking, which is the second most lucrative and profitable transnational organized crime in the world after drug trafficking. This crime is also known as a form of modern slavery, where humans are used as commodities to generate profit, and victims are prevented from accessing their fundamental rights. The victims of this crime are women, men, and children; however, the repercussions are far more serious when involving children. Human trafficking devastates the prospects of the future generation, where children are often forced into sexual exploitation, forced labour, illegal adoption and child marriage. In addition, such crime not only impacts the social, politic, economic and national security of a country but is also a grave violation of the child victims’ human rights. The main objective of the present article is to address the adequacy of Malaysian law in dealing with child trafficking and to see whether it is in line with international standards. The study suggests that many gaps exist in the current legislation dealing with human trafficking. These gaps need to be addressed especially those dealing with child trafficking. A qualitative approach was utilized in this study, where it involved library research to analyze the protection given by the Convention on the Rights of the Child and the extent of its implementation into domestic legislation, in order to combat child trafficking in Malaysia. This study found that Malaysia’s existing laws are inadequate to protect child victims of trafficking in Malaysia and need to meet the current standards and protection for victims, which include the identification of identity, appointment of a guardian, providing interim care protection, durable solution, and access to justice.

Evidence of Son Preference in the Child Trafficking Market for Illegal Adoption in China

ABSTRACT This article presents evidence of son preference in the child trafficking market for illegal adoption in China, where son preference is explicitly revealed by choice and quantified by the price premium of a boy. The author identified 1,328 court documents of trafficking transactions of children below the age of four for illegal adoption from 2008 to 2017 in China. 59% of the victims were boys. Nearest-neighbor matching estimators show that under similar conditions, adopted baby boys are about 1.6 times as expensive as girls, which is equivalent to a premium of around 21,000 yuan (about 3,000 USD). The price ratios declined in recent years. These statistics and the qualitative materials from the court documents show both the manifestation and the role of son preference in illegal adoptions. The results can be used to study other discrimination against girls and design policy measures to promote gender equality.

The Method of Committing a Crime as an Important Element of the Criminalistic Characteristics of Illegal Adoption

The Method of Committing a Crime as an Important Element of the Criminalistic Characteristics of Illegal Adoption

Spatiotemporal distribution of human trafficking in China and predicting the locations of missing persons

In China, the illegal adoption of missing persons and especially of missing children is a major public safety issue that affects social and family stability. Recent work has established a trafficking information network developed from a volunteer-managed database of missing persons that identifies and locates node cities and critical paths of illegal adoption. In order to evaluate locations where trafficking can be identified and provide direct advice for affected families, this study analyses the temporal and spatial distribution of the missing population and explores factors that affect their transfer. We use spatiotemporal information to construct multiple random forest (RF) models for predicting the locations of missing persons transfer on a larger spatial scale. The proposed independent RF models, namely, provinces potentially entered, destination grids, relative distances and relative directions models, achieve high levels of accuracy. Moreover, an integrated RF-based city-level prediction model can effectively locate the city a missing person was trafficked to. From our driving factor analysis, the transfer paths are strongly correlated with source provinces and grids. The study also shows that the transfer of missing persons is driven by multiple factors rather than by a single element.

Protection for Trafficking Victims: The Perspectives of Law and Psychological Health

Human trafficking is a crime carried out by a dark society of some people, and its network is betweencountries and in international borders. Most victims come from developing countries. The main aim ofthis crime is to force young boys and girls to work in sexual sectors. There is economic oppression asthey are exploited for the interests of the agents, distributors, and crime syndicates as what is similar toother illegal activities which regard trafficking, such as trafficking of domestic workers, fake marriage,illegal jobs, and illegal adoption. This research analyzes the legal protection for human trafficking victimsand the health impacts. This is a doctrinal legal research, strengthened by the qualitative field research. Ituses the constitutional and case approaches. Based on the results of the study and the discussion, it can beconcluded that there are some impacts of the child trafficking in the aspects health and other aspects for thechildren. T The government needs to formulate and to refine the constitutional regulations regarding thehealth protection for victims of child trafficking

Child trafficking in the Yunnan and Guangdong provinces of China

ABSTRACT Trafficking in children is a serious violation of children's rights that concerns every country and society. Children are trafficked for various exploitive purposes. In international studies, China is considered as a country of origin and destination of cross-border trafficking in persons, but its particular characteristics of trafficking and sale of children, mainly domestically, for the purpose of illegal adoption has generally been overlooked. Based on data collected from judgements published in ‘China Judgements Online’, this article provides an in-depth analysis of the situation of child trafficking in Yunnan and Guangdong provinces of China. Descriptive analysis was conducted to explore and compare patterns and routes of trafficking in the two provinces, demographic features of victims, rescue results, as well as follow-up protection situation. The innovative findings of this work can enhance the knowledge on the situation of child trafficking in China and provide relevant stakeholders with information useful for policymaking, project development, as well as their evaluation.

On the Prosecution of “Stolen Babies” Cases in Spain

According to the news published by different media, from the 1950s to the 1990s in Spain, there was a criminal network in different hospitals all over the country devoted to stealing new-borns to give them away through illegal adoptions while informing the biological family that the baby had passed away. It was an allegedly highly profitable business, deeply rooted in Francoist and post-Francoist society. Although more than a thousand claims have been brought before Spanish tribunals, not a single case has yet been proved, and the first judgement delivered will need to be revised since new evidence has shown that it was not a child abduction but an irregular, though consented, adoption. Nevertheless, Parliament recently started discussions on an ambitious law to address these cases. In this article, the different measures adopted by the judiciary, legislative and executive branches to confront these accusations are examined, presenting the unexpected results that have been obtained thus far. In a second part, the considerable legal challenges in prosecuting the illegal conduct are addressed, namely, the conflictive characterization of such conduct according to Spanish law and the applicability of statutory limitations. The paper finishes with a critical analysis of the first judgement delivered on the matter.

Gangs and Modern-Day Slavery in El Salvador, Honduras and Guatemala: A Non-Traditional Model of Human Trafficking

ABSTRACT Trafficking in persons, also known as human trafficking or modern-day slavery, is a criminal enterprise that affects virtually every country in the world. Although coercion and force are often employed, the traditional model of human trafficking commonly involves victims being duped with fraudulent offers of travel, study, and employment and moved across international borders to supply international market demands for sex, forced marriage, labor, domestic servitude, illegal adoptions, and human organs. In contrast, as opposed to using fraud to entice victims, gangs in El Salvador, Honduras, and Guatemala rely primarily on coercion and force to establish and maintain control over them and are far more likely to exploit them within the gang’s immediate area of control in ways that reflect the desires and needs of the gang rather than transporting them across borders in response to international market demands. In this paper, we provide an overview of gangs’ practices of coercing young males into criminal servitude and young females into ultra-violent, exploitative relationships and argue that such practices constitute a non-traditional model of human trafficking and modern-day slavery. We also argue that these practices demand a fundamental shift on the part of the governments of El Salvador, Honduras, Guatemala and international partners to investigate and prosecute gang related cases of human trafficking and to protect victims.

Gangs and Modern-Day Slavery in El Salvador, Honduras and Guatemala: A Non-Traditional Model of Human Trafficking

Trafficking in persons, also known as human trafficking or modern-day slavery, is a criminal enterprise that affects virtually every country in the world. Although coercion and force are often employed, the traditional model of human trafficking commonly involves victims being duped with fraudulent offers of travel, study, and employment and moved across international borders to supply international market demands for sex, forced marriage, labor, domestic servitude, illegal adoptions, and human organs. In contrast, as opposed to using fraud to entice victims, gangs in El Salvador, Honduras, and Guatemala rely primarily on coercion and force to establish and maintain control over them and are far more likely to exploit them within the gang’s immediate area of control in ways that reflect the desires and needs of the gang rather than transporting them across borders in response to international market demands. In this paper, we provide an overview of gangs’ practices of coercing young males into criminal servitude and young females into ultra-violent, exploitative relationships and argue that such practices constitute a non-traditional model of human trafficking and modern-day slavery. We also argue that these practices demand a fundamental shift on the part of the governments of El Salvador, Honduras, Guatemala and international partners to investigate and prosecute gang related cases of human trafficking and to protect victims.

“In Sorrow Thou Shalt Bring Forth Children”: Docu-Poetic Theatre in Israel

Yoldot is a docu-poetic performance that critically presents the affair of the abduction of Jewish children from families that immigrated primarily from Yemen in the 1950s. Facilitated by the healthcare system, the abducted children were put up for illegal adoption. Yoldot frames the events as less of an exception and more a regular phenomenon enabled by the overall orientalist and racist nature of the Israeli medical system.

Analysis on geographical migration networks of child trafficking crime for illegal adoption from 2008 to 2017 in China

Child trafficking remains a serious public concern in China, which is related to several forms of exploitation on children as well as threatens public security and endangers the stability of the country. This paper used the latest judgment documents from the court as a new data source, and identified the key nodes and trafficking paths by using a series of network indicators to enhance the public’s understanding of the crime mechanism of child trafficking. By contrast with the results of the previous literature, some new trends of child trafficking crime in China were discovered: (i) Child trafficking is developing towards the direction of trans-provincial and trans-regional crime. (ii) There is a growing tendency for the trafficked children to migrate from the southwest to the east coastal area. (iii) Non-capital cities were playing an increasingly important role in the national trafficking network. Moreover, the obvious gender difference of child trafficking was observed: (i) Buyers from South China show a clear preference for boys, while buyers from Hebei, Henan and Zhejiang tend to buy girls rather than boys. (ii) Boys have a higher probability to be trafficked within-province rather than girls. Based on these findings, the possible causes of these phenomena were discussed; and corresponding countermeasures were proposed to help the government further combat child trafficking crime for illegal adoption more effectively. Verification of these findings and further study on this problem can be launched based on more actual trafficking cases in the future.