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ABUSE IN ADOPTION 48 FIGHT AGAINST ABUSE IN ADOPTION Intercountry adoption is tainted with many irregular adoption incidents whose causes are both diverse and difficult to combat. The main difficulty is the fact that most abuses are outside the scope of THC-93, whose pillars, however, include the fight against trafficking. For example, falsifying a child’s civil documents to make the child adoptable is fraudulent and intervenes with the intercountry adoption steps set out in the Convention. States should therefore implement provisions to fight these abuses at the domestic level, while complying with international principles. There are, for example, criminal provisions to curb the falsification of civil documents for an adoption procedure. In addition, focusing on the obligation to register births and the ways to do so is essential, along with banning independent and private adoptions (see point 35), having greater control over AABs, and promoting cooperation between receiving States and States of origin. Moreover, the systematic registration and strict and regular monitoring of all types of facilities that accommodate potentially adoptable children must be organised and its role in the adoption procedure must be clearly defined and supervised. Making fees for an intercountry adoption procedure as transparent as possible and regulating those fees is also a solution that already has a proven track record in the fight against corruption by public servants and various intermediaries. Lastly, it is obvious but necessary to remember that States of origin, with the support of receiving States, must develop a proactive policy to prevent abandonment and to address certain social phenomena, such as the stigmatisation of single mothers, who constitute easy prey for criminal networks.

The fight against abuse in intercountry adoption requires a significant effort from the countries concerned and is not limited to ratifying THC1993. Receiving countries cannot consider the ratification as a general safeguard that absolves them of all responsibility (see point 3).


ISS Manifesto (English)  
ISS Manifesto (English)