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Contribution to Book
The Legal Mandate for Ending the Modern Era of Intercountry Adoption
Research Handbook on Adoption (2022)
  • David M. Smolin
Abstract
Intercountry adoptions declined by 86 per cent between 2004 and 2019.  The COVID-19 pandemic is deepening those declines. Stark statistical reductions in intercountry adoption have been accompanied by the increasing recognition of illicit practices as a chronic feature of intercountry adoption systems. There is a trend toward governmental investigations of illicit practices and even moratoria. States must decide whether to reform and continue intercountry adoptions, or end their participation. 
               Intercountry adoption has a conditional legality under international law. This chapter reviews some of the relevant standards (Section 2) and the ways in which those standards have been systemically violated (Section 3).  The conclusion is that there is a legal mandate to end the modern era of intercountry adoption.  If systemic intercountry adoption is to continue, there would need to be a large-scale revision as to implementation of norms and the provision of remedies when norm violations occur. Trying to do intercountry adoption the same way will end up with the same un-remedied harms to children and families that we have seen over the last 70 years. 
Keywords
  • intercountry adoption; child laundering; sale of children; child trafficking; Convention on the Rights of the Child; Hague Adoption Convention; children’s rights; future of intercountry adoption
Disciplines
Publication Date
2022
Editor
Nigel Lowe & Claire Fenton-Glynn
Publisher
Edward Elgar
Citation Information
David Smolin, The Legal Mandate for Ending the Modern Era of Intercountry Adoption, in N Lowe and C Fenton-Glynn (eds), Research Handbook on Adoption (forthcoming, Edward Elgar).