Intercountry Adoption and The Hague Convention

Author(s):  
Kerry O’Halloran
Author(s):  
Ed Couzens

This article analyses the intercountry adoptions provisions contained in Chapter 16 of the Children’s Act 38 of 2005, against the standards of the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoptions, 1993. After a brief overview of the two leading South African cases on intercountry adoption, which stress the importance of having this institution statutorily regulated, the author proceeds to analyse the most significant clauses pertaining to intercountry adoptions contained in the Act, in order to identify the strengths and weaknesses in this new statutory framework. The author concludes that the Children’s Act is a dramatic improvement on the current regime of intercountry adoptions and that it has the potential to make this institution work in the best interests of children.


1997 ◽  
Vol 27 (3) ◽  
pp. 421 ◽  
Author(s):  
J Couchman

In 1996, the Adoption Amendment Bill (No 2) was introduced into Parliament. The aim of the Bill was to implement in New Zealand the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. New Zealand's accession to the Hague Convention would provide significantly improved protection for some children who come to New Zealand as a result of intercountry adoption. This article provides information on intercountry adoption in New Zealand, the background to the Bill, and concludes that the Bill, if passed in its current form, would fail to provide protection for the majority of children who come to New Zealand as a result of intercountry adoption, and would not fulfil New Zealand's obligations concerning adoption under the United Nations Convention on the Rights of the Child.


2018 ◽  
Vol 3 (3-4) ◽  
pp. 254-275
Author(s):  
Marcos Vinicius Torres Pereira ◽  
Lara Oliveira Gonçalves

This article talks about the application of the Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption of 1993 in Brazil. Due to socio-economical circumstances, there are many orphans and abandoned children in Brazil that need care, love and attention. Providing these children a new family would give them a chance to build-up a new life in respect to their best interest. This work analyzes Brazilian domestic rules on international adoption, as well as the application of the Convention in Brazil. It criticizes how the Convention is applied in Brazil and the country´s role on the international net of international adoption. 


2015 ◽  
Vol 3 (3-4) ◽  
pp. 254-275
Author(s):  
Marcos Vinicius Torres Pereira ◽  
Lara Oliveira Gonçalves

This article talks about the application of the Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption of 1993 in Brazil. Due to socio-economical circumstances, there are many orphans and abandoned children in Brazil that need care, love and attention. Providing these children a new family would give them a chance to build-up a new life in respect to their best interest. This work analyzes Brazilian domestic rules on international adoption, as well as the application of the Convention in Brazil. It criticizes how the Convention is applied in Brazil and the country´s role on the international net of international adoption. 


1993 ◽  
Vol 17 (3) ◽  
pp. 9-13 ◽  
Author(s):  
William Duncan

The process of implementing the Hague Convention on intercountry adoption now begins. William Duncan outlines the Convention's key provisions and points to some of the difficult decisions confronting the UK.


2018 ◽  
Vol 3 (3-4) ◽  
pp. 254-275
Author(s):  
Marcos Vinicius Torres Pereira ◽  
Lara Oliveira Gonçalves

This article talks about the application of the Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption of 1993 in Brazil. Due to socio-economical circumstances, there are many orphans and abandoned children in Brazil that need care, love and attention. Providing these children a new family would give them a chance to build-up a new life in respect to their best interest. This work analyzes Brazilian domestic rules on international adoption, as well as the application of the Convention in Brazil. It criticizes how the Convention is applied in Brazil and the country´s role on the international net of international adoption. 


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