International principles of adoption rights

A measure of last resort

International adoption must be a child protection measure of last resort. It must be considered only when the competent authorities determine that it is impossible to keep the child in their country of origin, whether in their family environment, in their community or in the care of social services.

A social and legal child protection measure

The child must not be the subject of an arrangement between individuals or be entrusted to intermediaries who are not qualified or whose behaviour or intentions are questionable. International adoption cases must be handled only by competent child protection services.

A measure in the best interests of the child and which respects their fundamental rights

Any measure intended to protect a child is guided by the child’s best interests and respect for their fundamental rights. International adoption aims to find a family for a child in need of protection. Their moral, intellectual, emotional and physical needs, age, health, character and family environment are taken into consideration.

A solution that provides a permanent living environment

It is important to provide the child with a permanent living environment so that they can achieve the social and emotional stability they need to develop and thrive.

Combating profiting, exploitation, trafficking and the sale of children

The child must not be a source of material or other gain for anyone under any circumstances. The exploitation, sale or trafficking of children violates human rights and must be combated.

Exploitation means:

• unfair pressure on the biological mother to give the child up for adoption;
• adoptions organized before birth;
• child abductions;
• arrangements with surrogate mothers for payment;
• dubious and fraudulent practices by individuals who are willing to do anything to obtain a child and offer it for adoption.

The adoptable child

Before adoption can be considered, a child must be declared legally adoptable by the authorities of their country of origin.

The right to know one’s origins

The authorities of each country must keep the information they have on the child’s origins, including the identity of their mother and father as well as the child’s and the family’s medical history.

They must also ensure that the child or their representative can consult this information with the appropriate advice and to the extent permitted by law.

Recognition of suitability to adopt a child

A person who would like to adopt a child must be recognized as capabable of meeting, on a permanent and lasting basis, the moral, intellectual, emotional and physical needs of a child who may have suffered trauma and rejection.