Presentation 1: Relevance of intercountry adoption as a child protection measure under the 1993 Adoption Convention
The 1993 Adoption Convention was developed to respond to the serious and complex human and legal problems in intercountry adoption, as well as to the absence of an international legal instrument that could respond to this situation.
While the 1993 Adoption Convention has improved adoption practices and procedures, it is important to look at past practices, to ensure that adoptions taking place today and tomorrow continue to be done with all the Convention’s guarantees and safeguards and thus to continue to be a relevant child protection measure.
To assist States and authorities involved in adoption, the HCCH has developed a Toolkit on preventing and addressing illicit practices in intercountry adoption.
Presentation 2: Cooperation under the 1993 Adoption Convention
The Convention enshrines the principle of cooperation at different levels:
- Cooperation between States of origin and receiving States: Although each State has primary responsibility for some of the obligations enshrined under the Convention, both States are responsible for the entire adoption procedure and it is crucial that they cooperate together. This is the principle of shared responsibility.
- Cooperation between authorities within a State or origin or receiving State: It is important that the different authorities involved in adoption (Central Authorities, Adoption Accredited Bodies and other competent authorities) can cooperate both during the adoption procedure but also after, to prevent, for example, the risk of adoption breakdowns.
- Cooperation between the different actors involved in adoption: It is becoming more and more relevant that States cooperate with all parties that are directly affected by adoption (e., the adoptee, their birth families and their adoptive families) in order to improve adoption procedures, post-adoption services and the type of adoptions that can take place.
About Capucine Page
Capucine Page is a French lawyer who has worked as a Legal Officer at the Permanent Bureau of the HCCH since 2018. She works specifically on the HCCH 1993 Adoption Convention and the Parentage / Surrogacy Project. She holds a LLM in International Children’s Rights from the University of Leiden (Netherlands).