35 PRIVATE ADOPTION, INDEPENDENT ADOPTION AND ADOPTION THROUGH AN AAB Given the significant risks associated with private and independent adoptions33 and their incompatibility with articles 4, 16 and 17 of THC-1993 to protect children, clearly all countries must prohibit these types of adoptions. To ensure the proper application of the provisions of THC-1993, such as the preparation of an in-depth study on the PAPs and the child, and the verification of the PAPs’ aptitude, the child’s adoptability, the required consents, and the match’s suitability to the child’s needs and interests, PAPs must be obliged to use an AAB. However, this recommendation does not concern countries that do not have an AAB but whose Central Authority alone fulfils the functions set out in THC-1993. Moreover, if using an AAB clearly helps to counter the dangers associated with private or independent adoptions and to fully safeguard the adoption procedure, mechanisms for the selection, authorisation and supervision of AABs must be established (see points 25 and 26) and the States must give them sufficient resources. Without public grants enabling the AAB to operate, the AAB may become dependent on contributions from PAPs, and the AAB will need to carry out enough adoptions each year to ensure its financial stability.
Receiving countries and countries of origin must prohibit private and independent adoption. As a result, receiving countries must provide the mechanisms needed to run their AABs smoothly and/or to strengthen their Central Authority.
See the definitions (and risks) in the glossary.
MANIFESTO FOR ETHICAL INTERCOUNTRY ADOPTION