Mail from Swedish Central Authority abt subsidiarity

27 August 2020

From: adam.biten@mfof.se

Date: Thu 27. Aug 2020 at 15:22

Subject: Adoptionsregler och lagar

To:

Dear mr. Dohle,

Thank you for your email and concern regarding adopted children from Serbia.

As described by my colleague, mr. Hägerlind, MFoF is not involved in each specific adoption. The authority handles authorizations of adoption organisations and supervision of these.

When MFoF permitted Adoptionscentrum to mediate intercountry adoptions from Serbia the Authority examined the national legislation and found that the country indeed had ratified the Hague Convention and also had a legislation which takes into account the fundamental principles for intercountry adoption expressed in the UNCRC and in the Hague Convention. For example the principle of subisidiarity expressed in art 103 (1), (2), (3) of the Family Act.

The authority also visited Serbia during 2014 and according to the information we then were given Serbia also in practise applies the principle of subsidiarity, for one year. During this time ten presumptive adoptive parents are questioned before the child becomes available for international adoption.

To answer your question, MFoF finds intercountry adoption as a suitable solution for a child when the child is considered available for adoption in a way that means that may involve that the national authorities have consents from the parents and an investigation of that an intercountry adoption is in the best interest of the child (includes the subsidiarity principle).

MFoF works for the best permanent solution for the children. An adoption from a foster family could be the best solution if the placement at the foster family is not permanent and no permanent national solutions is available. The principle of subsidiarity is of the utmost importance. According to the national legislation the principle of subsidiarity is also considered in Serbia. MFoF have no information that shows that the national legislation is not being complied with. If you have such documentaion, MFoF would be grateful if you shared it with us.

Best wishes,

Best wishes

_______________________________

Adam Bitén

Specialist Officer

+46 10 190 10 80

Family Law and Parental Support Authority, MFoF

Box 35, 931 21 Skellefteå, Sweden

+46 10 190 11 00

www.mfof.se

MFoF is a Government Agency under the Swedish Ministry of Health and Social Affairs with expertise in parental support, family advise and Swedish family law. We also work to ensure that Intercountry adoptions to Sweden are carried out according to law and good ethics.

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Best regards,

Arun Dohle

www.againstchildtrafficking.org

For Indian adoptees: Roots searches

www.adopteerightscouncil.org