Intercountry Child Adoption In Relation With The Human Rights Of Children

Bonu Oorjitha Lakshmi Anjali, Mahindra University

ABSTRACT

Inter-country adoption is a process where a child from one country is adopted by parents from another country. This process has become increasingly popular in recent years, with many families seeking to adopt children from countries where the need for adoption is high. However, intercountry adoption is not without its challenges, particularly when it comes to human rights. The United Nations Convention on the Rights of the Child (UNCRC) sets out the basic rights of children, including their right to be protected from harm and to have their best interests taken into account in all decisions that affect them.

In India, inter-country adoption is governed by the Juvenile Justice (Care and Protection of Children) Act 2015 and its rules. The Act sets out the procedures for intercountry adoption and requires that all adoptions be carried out in accordance with the UNCRC. It also establishes a Central Adoption Resource Authority (CARA) to oversee inter-country adoptions and ensure that they are carried out ethically. Internationally, inter-country adoption is governed by the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. The Convention sets out the procedures for intercountry adoption and requires that all adoptions be carried out in the best interests of the child. It also establishes a system of cooperation between countries to ensure that adoptions are carried out ethically and transparently.

However, not all countries are signatories to the Hague Convention, and even those that are may not always comply with its provisions. There have been cases where children have been adopted from countries that do not have adequate safeguards in place, leading to abuses such as trafficking or exploitation. This paper will explore the policies and conventions related to intercountry adoption, as well as the ethical and legal issues surrounding this practise. It will also examine how human rights are impacted by intercountry adoption and what measures can be taken to ensure that these rights are protected.