Respect Of Intercountry Adoption Research Articles

The current situation of intercountry adoption in Spain

Intercountry adoption is a young institution that, after experiencing a boom at the beginning of the 21st century is currently immersed in a period of decline. The years 2020 to 2023 have been especially notable in this matter in Spain, as a consequence of the jurisdiction conflict, resolved by STC 36/2021, as well as the COVID-19 crisis, causing China to restrict international adoption. This paper analyzes the features that have characterized intercountry adoption in its different stages and the factors that have led to its evolution, focusing on the study of the successive regulatory swings that have occurred in Spain. As a result of this study, it is observed that, beyond the current circumstances brought about by the COVID-19 crisis, this institution currently has a residual weight that is increasingly in line with the principle of subsidiarity, recognized by the Convention of 29 May 1993 on Protection of Children and Cooperation in Respect of Intercountry Adoption.

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

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.

Intercountry Adoptions in Türkiye According to the Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption

Intercountry Adoptions in Türkiye According to the Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption

The Adoption of Children with a Refugee Status: An Analysis of International Laws and Jurisprudence

ABSTRACT Objective: This research aims to undergo a juridical analysis of the stipulations for the adoption of refugee children from the perspective of international law. Methodology: This was juridical normative research that collected data using the literary study method. This research used primary legal materials, secondary legal materials, and non-legal materials research instruments. Findings: A core principle in making policies concerning refugee children is the ‘best interest rule’, which has two main implementations: the making of governmental policies and decisions made on the children as individuals. Adoption may only be considered after all efforts on tracing and reunifying child refugees with their families have failed, or if the child’s parents have agreed on that adoption according to the standard stipulated in the Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption. A jurisprudence concerning this was the case of Mariya Abdi Ibrahim vs Norway in the European Court of Human Rights for Application No. 15379/16. Indonesian stipulations are not in line with the international law that allows the adoption of refugee children. Application: This research may provide insight for the Indonesian government in considering an alternative care model for the many child refugees in Indonesia. Originality: This research described alternative model patterns that may be applied in Indonesia, as the government only regulated the prohibition of adopting international child refugees in Indonesia. But when referring to some international conventions, some types of alternative care are permitted, including adoption, even though it is only applied as a last resort. Keywords: adoption, children, refugee, international law, Indonesia.

ПРАВОВЕ РЕГУЛЮВАННЯ СІМЕЙНИХ ВІДНОСИН, УСКЛАДНЕНИХ ІНОЗЕМНИМ ЕЛЕМЕНТОМ

The article is devoted to the study of the legal regulation of family relations complicated by a foreign element. Emphasis is placed on the definition of "foreign element" in legislation and scientific literature. The methods of regulating family legal relations with a foreign element, which are used in private international law, are singled out. One of the most common of these is the adoption of regulations with relevant conflict rules and the conclusion of bilateral or multilateral agreements between states. International treaties are designed to unify the rules of law governing family relations between citizens of different countries due to the differences between the laws. The content of conventions that accumulate conflicting rules on the regulation of certain areas of family relations, in particular, the Convention on Consent to Marriage, Minimum Age, Registration of Marriage (1962) and the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (1993). The normative legal acts of Ukraine regulating family relations complicated by a foreign element have been studied. Among them, special attention is paid to the Family Code of Ukraine and the Law of Ukraine «On Private International Law». It is established that the Family Code of Ukraine contains norms on the peculiarities of the adoption of children by citizens of Ukraine living abroad and foreigners. The Law of Ukraine «On Private International Law» is a special normative legal act that contains conflicting norms of family law and ensures the realization of the rights and freedoms of citizens. The role of bilateral and multilateral agreements in the field of private law relations in the regulation of family relations between citizens of different states is determined. The content of the Agreement between Ukraine and the Republic of Poland on legal assistance and legal relations in civil and criminal cases is analyzed.

Several Conceptual Aspects Regarding International Adoption

Abstract Recently, international adoption has been in the spotlight of the legislator, which has established an increasingly favourable legal framework for approving this type of adoption, the specific procedures being improved, simplified and made more accessible. Therefore, we consider it appropriate to analyse in detail the notion of international adoption, as regulated in the national law, but also in international law, by reference to some jurisprudential references. In accordance with Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, unlike internal adoption, international adoption involves the participation of foreign and national organizations, whose involvement is carefully and even restrictively regulated by the national legislator. The present study proposes a description of the organizations involved mainly in international adoption, with reference to the provisions of GEO no. 121/2021 on the establishment of measures at the level of the central public administration and for the amendment and completion of some normative acts, which provides for the restructuring of the National Authority for the Rights of Persons with Disabilities, Children and Adoptions.

Legal regulation of international adoption in Lithuania and Portugal

Research problem and degree of the research. Protecting the rights of the child is one of the most important issues today, both nationally and internationally. The situation is particularly complicated when it comes to international adoption. The adoption institute transcends all cultures and has long since existed, having played different functions over time. This institute has come to reflect social changes relating to how society faces a child’s needs, the way of exercising parental responsibilities and the needs of birth parents and adoptive parents. This is a subject increasingly relevant within the phenomenon of globalization and the urgency given to children and their rights in contemporary society. This is a subject for today and for the future.
 The adoptive child, due to his or her subjective characteristics, is unable to exercise his or her rights properly. This obligation must be exercised by the child’s parents or the State and its authorities. Although the Constitution of the Republic of Lithuania guarantees that every child has the right to grow up in a family, many children do not have a family and are forced to grow up in foster care. In this situation, an adoption institute emerges, which, at least from dallies, gives the child a chance to live in a family. In Portugal, the strong connection between the principle of the child´s best interest, major principle of family law, deeply influences the entire legal institute and, specially, the matter of international adoption. The placing of children in a foreign family is a subsidiary option, in great deal due to the difficulties that they will find from the moment they exit their country of origin. Difficulties such as differences in culture, language, religion, habits, among others that may result in children´s cultural uprooting and affect their cultural identity, beyond the cut with their biological family, implied in any adoption.
 Subject of the article: protection of the rights of the child and problems in cross-border adoption.
 Aim of the work: to analyse whether the rights of the child in the case of international adoption are violated.
 Research methods: teleological, historical, comparative analysis of legislation, generalization, analysis, and synthesis of scientific literature, descriptive, comparative, analytical methods.
 The right of the child to grow up in a family is enshrined in the basic international instruments. It is in the family that the life and socialization of each child begins. It creates an atmosphere for the child to grow, develop and explore the world. The child should grow as much as possible to feel the love, care, and responsibility of his parents.
 Adoption is a significant process in many states. The main international instrument governing adoption is the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption. States, in accordance with both their national and international legislation on adoption, seek to enable the child to grow up in a new family, while ensuring that such adoption best protects the rights and interests of the child.
 In Portugal, the child’s best interest is a fundamental concept in this matter, for a true concept of individual rights is one in which the child is considered a subject of rights, and not object of them. This principle is the guiding principle for the exercise of private responsibilities in relation to children, as well as public ones, and should be considered both in state and judicial decisions and actions. The child’s best interest is an indeterminate legal concept, varying with the customs of each society, taking into evolutionary and dynamic nature, and depending on case-by-case evaluation.
 This continues to be a divisive issue in Portugal and Law No. 2/2016, of 29 February eliminates discrimination against persons of the same sex who live in a de facto union or are married, in access to adoption, civil sponsorship and other family legal relationships, making all the legal changes.
 Key words: child, adoption, child’s right to grow up in a family, international adoption.

An Intercountry Adoption Reform Scheme for the Principle of Subsidiarity and Transparency

The Korean government signed the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption eight years ago but still has not ratified it. It is mainly due to the conflicts over the role of accredited bodies in the phases of intercountry adoption. Intercountry adoption process in South Korea has been led by private organizations since the Korean War, which made them be blamed for illegal, unethical, or unnecessary intercountry adoption. To implement the principle of subsidiarity and transparency according to the Convention, it is necessary to reform the adoption system before the ratification so that the government shall take its initiative for the best interest of the child. Nonetheless, resources for the domestic child protection system are so scarce for the government to in entire charge of child protection who needs permanent family during the intercountry process, so it is quite compelling to rely on resources of the adoption agencies, which makes the situation complex. In order to break the deadlock, we review the standards and good practice guide for the operation of the principle of subsidiarity and transparency, analyze the bills for the implementation of the Convention submitted to the National Assembly so far, and suggest the intercountry adoption reform scheme which enables the gradual implementation of the Convention in conformity with the current domestic child protection situation.

Evlat Edinme Davalarında Türk Mahkemelerinin Milletlerarası Yetkisi

Within the scope of this study, the issue of international jurisdiction of Turkish courts in adoption cases with foreign elements was examined. In these cases, the international jurisdiction of Turkish courts is determined within the framework of the jurisdiction rules of article 40 of Turkish Private International Law Act (PILA) and subsequent articles. In this direction, the jurisdiction rules regulated in article 40 of the PILA and article 41 of the PILA, which can find application areas in terms of adoption cases, were first examined. According to article 40 of the PIL, the international jurisdiction of Turkish courts will be determined by the jurisdiction rules of the domestic law. In terms of adoption cases, the rule that shows the jurisdiction in terms of place in domestic law is included in article 315 of the Civil Code. In article 41 of the PILA, on the other hand, a special jurisdiction rule is stipulated in terms of cases related to the personal status of Turkish citizens. Adoption lawsuits are accepted from cases related to the personal status of Turkish citizens. For this reason, if one of the parties is a Turkish citizen, article 41 of the PILA may find application area. Secondly, the adoption system of the Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption (Turkey is a party to it) was examined. And the effects that this system could have on the international jurisdiction of Turkish courts were examined.

Uobičajeno boravište deteta u praksi suda Evropske unije

This article examines decisions of the Court of Justice of the European Union interpreting the concept of child's habitual residence. The study of those decisions is essential for proper understanding of this key concept which appears in the Hague Convention on the Civil Aspects of International Child Abduction, the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children, Protocol on the Law Applicable to Maintenance Obligations, Convention on the International Recovery of Child Support and Other Forms of Family Maintenance and the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. Correct determination of the child's habitual residence is a precondition for the correct and uniform application of these instruments which are all in force in Serbia. Since 2007, the Court has been asked on numerous occasions to provide answers to questions that were raised regarding the interpretation of habitual residence. Out of this rich practice, four judgments have been selected for presentation and analysis (Case A, Case Mercredi, Case C v M and Case HR).The practice of the Court of Justice focuses on the circumstances that need to be taken into account by the judge in case the parties are in dispute about the child's habitual residence and on the guiding principles for assessing the relative value of these circumstances. Although the Court interprets the terms of Brussels II bis, those decisions have had significant and unifying impact on the interpretation of the Hague Child Protection Conventions, not only in the member states of the Union but also in other member states of the Hague conventions. The Court's views have influenced the practice of the highest courts in Australia, Canada, UK and USA. It will therefore be of benefit to judges in Serbia to get acquainted with them and understand them, which is the main purpose of this article.

헤이그국제아동입양협약과 그 비준을 위한 국내 법률의 개선에 관한 소고

현재 국제입양이 줄어들고 있는 추세이나, 여전히 우리나라 아동을 국외로 입양보내고 있는 실정을 고려하였을 때, 과연 국제입양이 아동의 권리 보호를 위해 잘 이루어지고 있는지 생각해볼 필요가 있다. 우리나라는 2013년 5월 24일에 헤이그국제아동입양입약에 서명은 하였지만, 아직 비준을 하지 못한 상황이다. 무엇보다 헤이그국제아동입양협약의 비준을 준비하고 있는 현 상황에서, 협약의 이행을 위하여 국제입양절차를 점검하고 어떠한 방식으로 법률을 개선해야 할지, 그 방향성을 살펴보는 것은 필수적이다. 헤이그국제아동입양협약은 국가간의 아동입양의 국제적 기준을 제시하고, 입양절차에 있어서 국가 책임의 강화를 기본으로 하고 있다. 지금까지 우리나라의 국제입양 절차의 전반은 민간 입양기관을 중심으로 이루어져왔고, 국가의 책임이 상대적으로 등한시되어왔다. 이에 대한 개선을 위하여 국제입양 관련 법률을 제정하고, 현재 입양특례법과 민법으로 나뉜 국제입양의 대상 아동의 범위를 아동의 권익 보호를 위하여 단일화할 필요가 있다. 또한 국가 중심의 입양절차 진행 체계를 확립하고, 중앙당국·권한당국·인가기관의 지정 및 업무분담, 상거소 기준의 명확화 등의 개선이 필요하다.

The Recognition at Common Law of Nigerian Adoption Orders in the UK and the Role of the 1993 Hague Convention on Inter-country Adoption in Nigeria: Learning from Re V (A Child) (Recognition of Foreign Adoption) [2017] EWHC 1733 (Fam)

As a non-contracting party to the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption, Nigerian inter-country adoptions are not 'Convention' adoptions nor are they afforded ‘recognition’ in a straightforward way. In the UK, an application to the High Court under the inherent jurisdiction for the recognition of a foreign order is the only route available to the applicants and remains the only route available for Nigerian adoption orders. This article argues that the benefits for Nigeria of acceding to the 1993 Hague Convention are far reaching, the default position of recognition at common law is not sustainable. The best interests and welfare of the Nigerian child demands a robust and protective practice of inter-country adoption and the recognition of foreign adoptions. Keywords: Intercountry adoption, recognition of foreign adoption, children rights, protection of children, Nigeria, Treaties, 1993 Hague Convention DOI: 10.7176/JLPG/98-18 Publication date: June 30th 2020

The consequences of accession: the Hague Convention on Intercountry Adoption’s Impact on Children’s Rights

Do states join human rights treaties if they know that non-compliance can have tangible consequences? We contend that states are less likely to accede to such treaties, especially if they have an outside option. We investigate this in the context of accession to the Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption (or: Hague Convention), which regulates the adoption of children across borders. We theorize that the incentive to join the treaty is structured by the salience of, and likelihood of participation in, intercountry adoption: states with larger orphan populations should prefer the outside option, whereas the presence and pressure children’s rights NGOs should prompt states to join the convention. We employ new data on the presence of children’s rights NGOs and a Cox proportional hazards technique. We find support for our propositions, with a caveat: states with large orphan populations initially prefer to the outside option, but become more likely to join the convention over time. This suggests that NGOs can influence states to join treaties that have consequences—especially if they assist with the development of administrative infrastructure that meets treaty requirements.

Moving Children through Private International Law: Institutions and the Enactment of Ethics

This article examines how the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention) plays a central role in justifying the institution of legal adoption. The Hague Adoption Convention has often been regarded as a response to the challenges that the “global situation” brings to adoption practice. Based on private international law, the agreement contains protocols and norms to ensure the protection of the child in intercountry adoption. In the article, I propose that the Hague Convention can be understood as a “transparency device”; a complex assemblage working in pursuit of global “good governance.” The device, however, also operates as justification within the institutional domain, allowing adoption agencies to make distinctions between legitimate and illegitimate adoptions. Idemonstrate how the logic of transparency disguises as much as it promises to reveal. While the doctrine's aim is to validate adoptability and combat trafficking, it also helps to mainstream Euro-American adoption knowledge to other parts of the world.

Review of the International Adoption Bill 2018 introduced for Korea’s Ratification of the Hague Adoption Convention

In order to ratify the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (“Convention”) concluded on May 29, 1993 under the auspices of the Hague Conference on Private International Law, some Members of the National Assembly of Korea introduced on December 5, 2018 the International Adoption Bill (“Bill”) and the Act on Special Cases Concerning Adoption (“Special Adoption Act”) (Amendment) Bill. The author welcomes such proposals since they are steps necessary for Korea’s ratification of the Convention. Hoping to contribute to the International Adoption Act (“IAA”), the author makes some comments on the Bill. First, since the IAA is to be an act implementing the Convention, the Bill should serve the purpose of an implementing act, and in particular not be inconsistent with the Convention. For example, while the Convention (Article 27) provides for conversion of an adoption granted in another Contracting State, the Bill does not accurately reflect this. In addition, the Bill only distinguishes inbound adoption from outbound adoption, but does not distinguish adoptions to which the Convention applies from those to which the Convention does not apply. Since this causes confusion and is a mistake regarding the effect of adoption, the IAA should distinguish them. Second, while the current Special Adoption Act deals with ‘adoption of children in need of protection in Korea’ and ‘outbound adoption of children in need of protection’, the IAA, for it purports to apply to children in general, whether in need of protection or not, and regulate both inbound and outbound adoptions, touches upon the Act on Private International Law (“KPILA”), lex generalis applying to legal relationships with foreign element. Accordingly, the Bill should not conflict with rules for the choice of law, i.e. , private international law in the narrowest sense, or legal principles of recognition of foreign judgments, that is including both recognition of foreign judgments in Korea and that of Korean judgments elsewhere. Furthermore, the Bill must comprehend in relationship with other Contracting States the consequences on such rules Korea’s ratification of the Convention may entail. However, the Bill reveals various problems due to the lack of awareness of these legal circumstances. The author thus urges that the National Assembly should further consider amendments to the Bill in view of the author’s comments herein. The passage of the discussion is as follows: first, private international law doctrines applicable to international adoption in general (Chapter Ⅱ); second, changes to be brought by Korea’s ratification of the Convention (Chapter Ⅲ); third, missions the IAA should accomplish (Chapter Ⅳ); fourth, overview and overall assessment of the Bill (Chapter Ⅴ); fifth, review of individual provisions of the Bill (Chapter Ⅵ); and sixth, concluding remarks (Chapter Ⅶ). However, since Chapters Ⅱ to Ⅴ have already been dealt with in an article by the author, they are briefly dealt with and the focus will be on Chapter Ⅵ. In Chapter VI, the author also suggests amendments to the wording of some provisions.

The Principle of Subsidiarity in the Hague Convention on Intercountry Adoption: A Philosophical Analysis

AbstractThe principles of the best interest of children and subsidiarity constitute the conceptual foundation of the Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption (HCIA). Subsidiarity in the HCIA dictates a priority for domestic adoption placements for children over intercountry adoption. This article argues against subsidiarity on two fronts. First, the analysis shows that the in-principle priority of domestic adoption cannot be justified on the basis of either heritage rights or state sovereignty. Second, the principle of subsidiarity in the HCIA is a procedural principle, one that stipulates the political/geographical location of the placement of children through a priority ordering. This does not comport with the principle of subsidiarity as it has been conceptualized in ethics and social philosophy, which gives normative structure to the process of decision-making by stipulating the proper level for decisional authority. Subsidiarity in this original sense holds that decisions regarding child welfare should be made at the lowest level possible, by those most affected by the decisions, unless doing so would not be the most suited to protecting and promoting the best interests of children. Appealing to subsidiarity in this theoretical version reveals at least two significant problems with HCIA placement policy and leads to the conclusion that subsidiarity in the HCIA must be formally revised as a structural principle of ethics that will not support the general priority of domestic adoption.

Difficult Commitments: Intercountry Adoption to the United States and Accession to the Hague Convention

Why have relatively few countries joined the Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption? Have countries that send children to the United States been more likely to join? The United States has joined this convention and prefers sending countries to do so also. However, our findings show that countries that send children to the United States are not more likely to join than other countries. In addition, countries with large “orphan” populations are less likely to join the convention. These findings have implications for the potential of the Hague Convention to improve transparency and accountability in intercountry adoption.

A very long engagement: The Children's Act 38 of 2005 and the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption

This article analyses the intercountry adoptions provisions contained in Chapter 16 of the Children’s Act 38 of 2005, against the standards of the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoptions, 1993. After a brief overview of the two leading South African cases on intercountry adoption, which stress the importance of having this institution statutorily regulated, the author proceeds to analyse the most significant clauses pertaining to intercountry adoptions contained in the Act, in order to identify the strengths and weaknesses in this new statutory framework. The author concludes that the Children’s Act is a dramatic improvement on the current regime of intercountry adoptions and that it has the potential to make this institution work in the best interests of children.

Review of the Bill of the International Adoption Act of 2016 prepared for Korea’s Ratification of the Hague Adoption Convention

The Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, (“Convention”) adopted in 1993 under the auspices of the Hague Conference on Private International Law is a very important convention on international adoption. Although Korea has signed the Convention on May 24, 2013, it has not yet ratified the Convention, which is very shameful. As a means to ratify the Convention, some members of the National Assembly of Korea has submitted a bill of the International Adoption Act (“Bill” and “IAA”, respectively) and a bill amending the current Special Adoption Act. The author welcomes such actions since they are necessary steps needed for Korea’s ratification of the Convention. Hoping to contribute to writing a perfect legislation, the author would like to provide a few comments on the Bill. More concretely, the author discusses the issues in the following order: First, private international law doctrines applicable to international adoption in general, which include doctrines on international jurisdiction, applicable law and recognition and enforcement of foreign judgments (PartⅡ). Knowledge of these doctrines are indispensable in preparing the Bill, since they constitute the legal ‘Gegebenheit’ (circumstances) for legislation on international adoption. Second, the changes to be brought by Korea’s ratification of the Convention (PartⅢ). Third, the tasks which the IAA should achieve (PartⅣ). Fourth, the overview and the fundamental issues of the Bill (PartⅤ). Fifth, the review of individual provisions of the Bill (PartⅥ). Sixth, concluding remarks (PartⅦ). The current Special Adoption Act mainly deals with outbound adoption of Korean “Children in Need of Protection”. However, since the IAA purports to regulate inbound and outbound adoptions of children in general as well as Korean Children in Need of Protection, the area where it may be in touch with the Korean Private International Law Act (“KPILA”) is much broader. Accordingly, we should first understand the private international law doctrines on applicable law, the recognition of Korean judgments in foreign countries and the recognition of foreign judgments in Korea. In addition, we should understand clearly what kind of changes will be brought by Korea’s ratification of the Convention. Under Article 43 of the KPILA, adoption and its dissolution shall be governed by the adoptive parent’s national law at the time of the adoption. The current Special Adoption Act regulating outbound adoptions of the “Children in Need of Protection” may include, by way of exceptions to the general private international law rules, some so-called “internationally mandatory rules” designed to protect Korean children under Article 7 of the KPILA. However, such exceptions should be kept to a minimum. Unlike the Special Adoption Act, the IAA purports to regulate international adoption of children in general and therefore should not include a wide range of exceptions. Since the law applicable to international adoption may be very diverse, inserting detailed rules on the conditions and effect of adoptions in the IAA will inevitably cause conflicts with the KPILA, and thus, is not desirable. It appears that most of the errors and mistakes of the Bill are attributable to the drafters’ lack of knowledge of the private international law. We also need to review carefully the consistency between the Bill and the Convention. In sum, the author strongly urges that the National Assembly should substantially revise the Bill after carefully considering the author’s comments herein.

Child Protection through Intercountry Adoption with Special Reference to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption 1993

Objective - This paper seeks to examine the practice of intercountry adoption as prescribed in the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption 1993 (the Hague Convention 1993) particularly relating to its requirements and procedures. This is in order to describe the minimum safeguards provided by The Hague Convention 1993 to ensure that such adoption takes place in the child's best interests. This paper also discusses the relationship between the Hague Convention 1993 and the United Nations Convention on the Rights of the Child 1989 (CRC) relating to the position of intercountry adoption as one of the available means of child care. Methodology/Technique - This paper adopts qualitative research method. Analysis focuses on international policies provided by International Legal Frameworks that include The Hague Convention 1993 and the CRC. Findings - The Hague Convention 1993 recognizes intercountry adoption as one of the alternative care options that provides the advantage of a permanent family setting to a child whom, a suitable family is unavailable for him or her in the birth country. Accordingly, this paper suggests that family setting should be preferred over institutional setting in deciding a child's placement. Novelty - The paper deliberates on the position of intercountry adoption at the international level as one of the alternative care options. Type of Paper - Conceptual Keywords: Alternative Care; Child Protection; Hague Convention 1993; Intercountry Adoption; Permanent Family Care.