CRC/GC/2005/6
page 25
− Any adoption must be determined as being in the child’s best interests and carried out
in keeping with applicable national, international and customary law;
− The views of the child, depending upon his/her age and degree of maturity, should be
sought and taken into account in all adoption procedures. This requirement implies
that he/she has been counselled and duly informed of the consequences of adoption
and of his/her consent to adoption, where such consent is required. Such consent
must have been given freely and not induced by payment or compensation of any
kind;
− Priority must be given to adoption by relatives in their country of residence. Where
this is not an option, preference will be given to adoption within the community from
which the child came or at least within his or her own culture;
− Adoption should not be considered:
− Where there is reasonable hope of successful tracing and family reunification is in
the child’s best interests;
− If it is contrary to the expressed wishes of the child or the parents;
− Unless a reasonable time has passed during which all feasible steps to trace the
parents or other surviving family members has been carried out. This period of
time may vary with circumstances, in particular, those relating to the ability to
conduct proper tracing; however, the process of tracing must be completed within
a reasonable period of time;
− Adoption in a country of asylum should not be taken up when there is the possibility
of voluntary repatriation under conditions of safety and dignity in the near future.
(f)
Resettlement in a third country
92.
Resettlement to a third country may offer a durable solution for an accompanied or
separated child who cannot return to the country of origin and for whom no durable solution can
be envisaged in the host country. The decision to resettle an unaccompanied or separated child
must be based on an updated, comprehensive and thorough best-interests assessment, taking into
account, in particular, ongoing international and other protection needs. Resettlement is
particularly called for if such is the only means to effectively and sustainably protect a child
against refoulement or against persecution or other serious human rights violations in the country
of stay. Resettlement is also in the best interests of the unaccompanied or separated child if it
serves family reunification in the resettlement country.
93.
The best-interests assessment determination, prior to a decision to resettle, needs also to
take into account other factors such as: the envisaged duration of legal or other obstacles to a
child’s return to his or her home country; the child’s right to preserve his or her identity,
including nationality and name (art. 8); the child’s age, sex, emotional state, educational and
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