Abstract
This report presents the topics and prevalent discussion points of the participants in Thematic Area 1 (HCIA implementation and the best interests of the child) of the International Forum on Intercountry Adoption and Global Surrogacy held at the International Institute of Social Studies in The Hague, the Netherlands, 11-13 August 2014. The overall aim of this Thematic Area was to identify examples of good practice and highlight issues and concerns about the ways in which the dictum of best interests of the child is currently implemented. The scope of topics that relate to the ‘best interests of the child’ is inevitably broad and sometimes controversial. The ethos of the sessions held in this Thematic Area was to provide a platform for a range of views to be explored in how intercountry adoption as a global practice might be improved to meet the interests of the children and adopted people involved. The participants represented practitioners, researchers, academics, adopted people and adoptive parents. Topics included the implementation of the subsidiarity principle, practices aimed at supporting adoptees, practices aimed at supporting adoptive families, current practices concerning special needs adoptions, and the ways in which children and childhood is currently framed within the Convention.
This report provides a brief outline of the development of ‘the best interests of the child’ as a concept in policy before presenting key aspects of the discussions held. These include, but are not restricted to, concern that the subsidiarity principle is implemented with the best interests of the child at the forefront of the decision process, and that best interests as a concept within the Convention should be expanded to encompass changing and life-long interests rather than only focus on childhood. Retention and access to accurate information about the circumstances of each adoption should receive greater prioritization in sending and receiving countries. The existing opportunity for international adoption organisations to attend Special Commission meetings and reviewing the operation of the Convention should be more effectively used to ensure that the on-going interests of the adopted person are a priority. Each session also highlighted the vital role that information, education and support plays for birth families, the adopted person, adoptive families and agencies in sending and receiving countries. Some of the ideas in this report may well extend beyond what the Convention can regulate. However, part of the power of the Convention lies not simply in what it stipulates but in how it frames children, adoption, adoptees and the family.
ISS Working Paper Series / General Series (Vol. 597, pp. 1–18). International Institute of Social Studies of Erasmus University (ISS).