Legislation and ethical standards
Legal and ethical adoptions
Intercountry adoptions are regulated by numerous laws, principles and guidelines that focuse on and prioritize children’s rights. The responsibilities between the Swedish authorities and organizations as well as the authorities and organizations in the countries of origin are strictly regulated by strong and solid jurisdiction. This applies to the adoptability of the child, that adoption is in fact in the best interest of the child. It also applies to the suitability screening and home study investigation of the prospective adoptive parents. The most important objective is to facilitate legally and ethically secure adoptions to accommodate the child’s right to have a family.
The Hauge Convention
The primary legislation regulating intercountry adoption is The Convention of Protection of Children and Co-operation in Respect of Intercountry Adoption – the 1993 Hauge Convention. The Hauge Convention is the foundation and core of Adoptionscentrum’s work. Every country that we work with follow the principals of the Hauge Convention.
It means that the child should have the opportunity to grow up in his/her birth family or with relatives, if that is not in the best interest of the child efforts must be made to find a family within the country of origin who is able to adopt the child. When it has been verified that there is no domestic adoptive family available an intercountry adoption can become an option if it is in the best interest of the child. This process, which is called the principle of subsidiarity, must be carefully documented and transparent.
The convention on the Rights of the Child
The convention on the Rights of the Child (CRC) is essential in intercountry adoption. The CRC is a part of the Swedish legislation since January 1st 2020. The convention stresses that the best interest of the child must be considered as the uttermost important factor in adoptions. Article 21 in the CRC is specifically addressing adoption.
Authorization and supervision
Intercountry adoptions are mediated by authorities or non profit organizations. This adheres to receiving countries, like Sweden, as well as countries of origin.
In Sweden it is the “Family Law and Parental Support Authority” (MFoF) who is responsible for the supervision of the Swedish adoption organizations. MFoF reviews the Swedish adoption organizations and the countries of origin that we cooperate with. It is MFoF who determines which countries Adoptionscentrum can cooperate with. MFoF considers the legislation, policies, legal principles, and practices as well as practical guidelines in the countries of origin. Thus, the organizations are granted authorization for each country of origin as well as an authorized adoption body.
Our partners in the countries of origin are either authorities or adoption organizations who are accredited and supervised by the country’s Central Authority. Adoptionscentrum must be approved by the country’s Central Authority in order to establish cooperation with the accredited adoption organization or authority. On a regular basis Adoptionscentrum needs to go through a process of renewing the approval to cooperate with the partners and thus receive a license to continue the working agreement. This is an extensive and thorough process.
Adoptionscentrums basis for decision
As the mediation organization Adoptionscentrum conduct assessment of the legal certainty in the countries of origin with regards to intercountry adoptions. In order to stay updated on any possible changes we travel to the countries on a regular basis and meet with the partners and authorities responsible. In many countries we have employed co-workers who are updated and experienced in intercountry adoptions.
Adoptionscentrum systematically analyzes risks in the adoption process and works actively against corruption.
artikeln uppdaterades 29 april 2024