Study on illegal adoptions 2017, para. 24
Paragraph- Paragraph text
- Article 3 (1) (a) (ii) of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography establishes that, in the context of the sale of children, improperly inducing consent, as an intermediary, for the adoption of a child in violation of applicable international legal instruments on adoption must be criminalized both domestically and transnationally. Article 3 of the Optional Protocol is understood as containing specific examples of illegal acts that lead to the sale of children in the form of illegal adoption. While the sale of children always includes some form of commercial transaction, illegal adoptions can be performed in violation of existing national laws without necessarily amounting to the sale of a child. The Hague Conference on Private International Law defines illegal adoption as an adoption resulting from abuses, such as abduction, the sale of, traffic in and other illegal or illicit activities against children.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 2017
- Paragraph type
- Other
- Paragraph number
- 24
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