The Best Interests Of The Child In Intercountry Adoption

This study explores the best interests principle in intercountry adoption. It investigates what role the best interests principle should play in intercountry adoption and the overall conditions required for it to do so in keeping with the rights of the child. Sections include: best interests, human rights and intercountry adoption; the role and purpose of the best interests concept in a human rights context; the changing role and purpose of intercountry adoption; determining children's best interests in intercountry adoption; and ensuring the right conditions for a best interests determination in intercountry adoption. While there is general agreement that the best interests of the child should be the paramount consideration in intercountry adoption, there is no consensus on who decides what is in a child's best interests or on what basis that decision should be made.

This volume constitutes a commentary on Article 3 of the United Nations Convention on the Rights of the Child. It is part of the series, "A Commentary on the United Nations Convention on the Rights of the Child," which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children's rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the "Belgian Federal Science Policy Office,"

What does the concept of the best interests of the child mean in practice? How should it be interpreted and applied? This publication sheds lights on different aspects of this concept. The concept of the best interests of child, as stated in Article 3.1 of the United Nations Convention on the Rights of the Child, has caused many controversies and debates amongst policy makers, experts and practitioners. Although central to a child’s full enjoyment of his or her rights, the meaning of the concept in practice and how it should be interpreted and applied, is still part of today’s debate. The Belgian Authorities and the Council of Europe organised on 9 and 10 December 2014 a conference on “The best interests of the child - A dialogue between theory and practice” to provide an opportunity for actors involved in decisions that have an impact on children’s lives to share knowledge and enhance the understanding of the concept of the child’s best interest. Featuring in this publication are the 21 different viewpoints presented during the conference on the concept of the best interests of the child. They are divided into four chapters namely those presenting general reflections of the concept; assessing, determining and monitoring best interests; using the concept in different environments; and understanding the concept in family affairs. All viewpoints agree on the fact that there is no comprehensive definition of the concept, and that its vagueness has resulted in practical difficulties for those trying to apply it. Some suggest that the best interest should therefore only be used when necessary, appropriate and feasible for advancing children’s rights, whereas others see the flexibility of the concept as its strong point. Through their different interpretations and analysis, this publication offers a solid contribution to the overall understanding of the concept of the best interests of child, necessary to improving and safeguarding children’s rights overall.

Uses the concept of the best interests of the child to advocate for legal recognition of LGBT+ parenting.

Meaningful discussion about intercountry adoption (the adoption of a child from one country by a family from another country) necessitates an understanding of a complex range of issues. These issues intersect at multiple levels and processes, span geographic and political boundaries, and emerge from radically different cultural beliefs and systems. The result is a myriad of benefits and costs that are both global and deeply personal in scope. This edited volume introduces this complexity an ...

The incidence of foreign adoptions from the nations of South America, Eastern Europe and Asia has greatly increased as a result of the drastic decrease in the number of adoptable babies from western nations. This book, written by adoption workers and legal scholars from twelve 'sending' countries, presents, for the first time, details of those countries' adoption laws and procedures as well as international agreements governing foreign adoptions. Intercountry Adoptions constitutes an important and long-awaited reference book for potential adoptive couples, child care workers, legal experts and social service agencies.