Study on illegal adoptions 2017, para. 49

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In several instances loopholes have been used to conduct private and independent intercountry adoptions, which are prohibited by the 1993 Hague Convention, as the absence of oversight seriously jeopardizes the integrity of the process. Prospective adoptive parents have, for example, resided temporarily in countries of origin long enough to be able to conclude a domestic adoption and then brought the adopted child back to their country, thus bypassing the intercountry adoption process. Similarly, in Uganda foreign parents have been granted legal guardianship of children and taken them abroad where they then concluded a domestic adoption in the receiving country. The conversion of a kafalah guardianship arrangement into a domestic adoption, once the child has been brought back to the receiving country, has also been used to circumvent intercountry adoption procedures under the 1993 Hague Convention.
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)
  • Harmful Practices
  • Movement
  • Social & Cultural Rights
Person(s) affected
  • Children
  • Families
Year
2017
Paragraph type
Other
Paragraph number
49