Intercountry Adoptions: In the Best Interests of the Child?

Abstract

The aim of this paper is to examine the effectiveness of the Convention of Protection of Children and Cooperation in Respect of Intercountry Adoption made at the Hague on 29 May 1993 ("the Hague Convention") and the Adoption of Children Act 1964(Qld) ("the Queensland Act") which implements the Hague Convention.The effectiveness of the Hague Convention and the Queensland Act will be examined in light of the objects of the Hague Convention, as outlined in Article 1. The paper will, therefore, focus on the following matters:The establishment of safeguards to ensure intercountry adoptions take place in the best interests of the child; The establishment of a system of cooperation among Contracting States to ensure that those safeguards are respected by delegating duties and responsibilities to both the State of origin and the receiving State; and The recognition in Contracting States of adoptions made in accordance with the Hague Convention. The paper will also consider post-adoption issues of culture, race, religion and language. Finally, some recommendations will be suggested regarding consent, monitoring and accountability, adoptee's access to information and non-accredited bodies.