Adoption : at what cost ? For an ethical responsibility of receiving countries in intercountry adoption

February 2008

Adoption : at what cost ?
For an ethical responsibility of receiving countries in intercountry adoption

On the 26 February 2008, in Brussels, Terre des Hommes International Federation TDHFI and Terre des hommes – child relief (Lausanne) presented to several representatives of the competent authorities, experts and Members of the European Parliament the study “Adoption : at what cost ? For an ethical responsibility of receiving countries in intercountry adoption”, a comparative analysis of the laws and practices of six countries (France, Germany, Switzerland, Norway, Spain and Italy).

National experts on adoption from France, Spain, Belgium, Switzerland, Italy, Norway and Germany respond to TDH report findings.

Analysis of the practices in adoption in six European countries.

The morning of the 26 February 2008 focused on the position statements of the representatives of the Central Authorities of the concerned European countries. More than 80 experts in intercountry adoption coming from 16 European countries attended the presentation of the report and the following debate. The representatives of the Central Authorities stated their appreciation of the study and explained their positions concerning the recommendations made by Terre des hommes in its report. Everyone agreed on the need of child protection measures within intercountry adoption as a way to improve practices and prevent trafficking.

A European opening : presentation of the study at the European Parliament

The roundtable at the European Parliament, joined by some of its members and by experts in intercountry adoption, was an important moment for Terre des hommes. It represented a decisive step towards the diffusion of best practices in intercountry adoption. The event contributed to clearly point out Terre des hommes as an NGO able of sharp analysis and with a sound competence on such a complex topic. Moreover, the event led to position statements at European Union level.

Organised with the collaboration of Ms. Catherine Stihler, member of the European Parliament (GB), and with the support of Ms. Luisa Morgantini, Vice-President of the European Parliament (I), the roundtable managed to catch the attention of several MEPs : Brian Crowley (IE), Iratxe Garcia Perez (E) and Claire Gibault (F), replied to our invitation, and another MEP, Mrs Marie-Hélène Deschamps (F) assisted and actively participated to the debate. The attendance of six members of the European Parliament is a clear sign of the political interest raised by intercountry adoption at EU level.

All the participants agreed on the importance of ethical practices in intercountry adoption, of promoting the best interest of the child and preventing child trafficking. Nevertheless, different political positions came out. The debate at the Parliament clearly showed two standpoints: one supporting adoption, based upon personal experiences and marked by a strong emotional approach, the other one aiming at a restrictive policy, pushing for keeping the children within their countries of origin. The first position corresponds to a policy intending to find adoptable children for a growing number of prospective adoptive parents, asserting their right to a child. The interventions of the participants also showed these divergences, notably between professionals and representatives of organisations of adoptive parents or of adoptees.

The European Commission is going to launch a study analysing the laws and practices in the 27 member States. For the first time the Commission will deal with intercountry adoption in a European perspective. Terre des hommes’ report is therefore more than pertinent, happening in a fertile political context. Hence, the Brussels event is the first step of an advocacy strategy that needs to be continued and developed at European level. Most important, it enabled Terre des hommes to position itself and to launch the idea of an ethical chart at European level, which represents our main advocacy goal in the mid-term.

The main recommandations of Terre des hommes

The study of Terre des hommes compares and analyses the laws and practices in intercountry adoption of six European countries (France, Germany, Switzerland, Norway, Spain and Italy). It develops several recommendations for good practices aiming at fighting child trafficking and promoting intercountry adoption on the basis of the rights of the child. The document includes 42 detailed recommendations regarding all the phases and all the actors involved in intercountry adoption. The main points of these recommendations are the following:

• No right to adoption : The authorities and the members of the Parliament of the receiving countries must stress the concept that no body, in no case, has a right to adopt and we urge them to adapt the procedures to this ethical fundamental principle.

• Awareness building on the reality of adoptable children: The frequent desire of parents to adopt a young and healthy child does not correspond to the growing reality of children in need of intercountry adoption. Often they are in an older age and suffer from more or less serious health problems. We recommend better awareness building on the reality of adoptable children and to provide accreditations to prospective adoptive parents according to the needs of the child.

• Prohibition of private adoption : Private or independent adoptions present high risks, not benefiting from any professional support from the accredited bodies. Moreover, they happen mainly with non-contracting States of the Hague Convention and offer very few guarantees regarding the adoptability of children and the legality of the procedure. We recommend the prohibition of private adoptions with some very rare exceptions.

• Investing in training, professionalism and cooperation among accredited bodies: An ethical approach in intercountry adoption has a cost and accredited bodies need enough resources to guarantee professional performances in a highly technical field. We urge the governments to invest in the training of the accredited bodies in intercountry adoption and to guarantee more financial transparency.

Ignacio Packer, Head of programme of TdH Foundation (Lausanne), releasing TdH recommendations to the European Parliament, and MEP Catherine Stihler, chair and host of the round-table hold in the European Parliament

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Interventions in English:

Intervention Mrs Amparo Marzal Martinez - General Director of Children and Family Affairs, Ministry of Labour and Social Affairs, Spain

Mr Nigel Cantwell - Independent Consultant on Child Protection

Mr Ignacio Paker - Terre des hommes Lausanne - Switzerland

Mr Wolfgang Meincke - Head of division in the Federal Ministry for
Family Affairs, Senior Citizen, Women and Youth - Germany

Mrs Jennifer Degeling - Principal Legal Officer - HCCH

Mrs Daniela Bacchetta - Vice President of the Commission for Intercountry Adoptions (CAI) – Italian Central Authority - Italy

Mr Oddpjorn Hauge - Directorate of children, youth and family affairs, Norway

Interventions en français:

M. Didier Dehou - Représentant de l’Autorité centrale de la Belgique francophone - Belgique

Mrs Amparo Marzal Martinez - Directrice générale de la Famille et de l’Enfance au Ministère du travail et des affaires sociales - Espagne

M. Richard Bos - sous-directeur de la coopération internationale en droit de la famille, secrétaire général de l’Autorité centrale pour l’adoption internationale au ministère des Affaires étrangères et européennes - France