Ariticle21Children who are adopted
- Ensure that the adoption of a child is authorized only by competent authorities who determine, in accordance with applicable law and procedures and on the basis of all pertinent and reliable information, that the adoption is permissible in view of the child's status concerning parents, relatives and legal guardians and that, if required, the persons concerned have given their informed consent to the adoption on the basis of such counselling as may be necessary;
- Recognize that inter-country adoption may be considered as an alternative means of child's care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child's country of origin;
- Ensure that the child concerned by inter-country adoption enjoys safeguards and standards equivalent to those existing in the case of national adoption;
- Take all appropriate measures to ensure that, in inter-country adoption, the placement does not result in improper financial gain for those involved in it;
- Promote, where appropriate, the objectives of the present article by concluding bilateral or multilateral arrangements or agreements, and endeavour, within this framework, to ensure that the placement of the child in another country is carried out by competent authorities or organs.
The most important aspect of this article is that it stipulates that the “best interests of the child” shall be “the paramount consideration” in the system of adoption. The “best interests of the child” is a phrase that appears many times in the Convention. The fact that this word also appears in this article clearly indicates that nothing in the system of adoption has or can have priority over the “best interests of the child.”
Details set out in this article
Item a. provides for “domestic adoption” and at the same time considers the rights of the child who is to be adopted. The specific policy of the procedure is that adoption decisions can only be made by “competent authorities,” i.e., appropriate government agencies and offices. In addition, it also states that the final adoption decision can only be made after all interested parties have been counseled, have exchanged the necessary information, and are fully informed of the situation.
Items b to e provide definitions and principles regarding “inter-country adoption.” This section is also designed to pursue the “best interests of the child.”
In Item b, the system of “inter-country adoption” is allowed in exceptional cases. The “exception” is, as the article states, “when it is difficult for the child to be properly cared for and protected in the country of origin.” Item c stipulates that “inter-country adoptions” should provide the same care and protection as “domestic adoptions.” This part is also a matter of course in light of the “best interests of the child.” Item d states that possible harms that may occur in the system of inter-country adoption should be prevented. One example of a possible harm is the trafficking of children. This is a practice that can lead to unjust and illegal profits and, above all, is clearly contrary to the “best interests of the child.” Therefore, it is important to take measures at the national level to prevent such incidents from occurring.
Item e stipulates that the international community as a whole should take measures such as agreements, treaties, and conventions to protect the “rights of the child” under items b to d, and that “inter-country adoptions” should be conducted only by appropriate governmental organizations and global frameworks.