“It is imperative to place rights and ethics at the center of the international adoption system”

Document type: Web page copy

Publication date: 10 December 2021

Tribune. Picking up or bringing a child from the other side of the world to make him your own has often been considered an act of unconditional love. Long idealized, international adoption has grown steadily since the middle of the 20th century without any real consideration of the best interests of the child. Thousands of children adopted internationally have thus been abusively and permanently separated from their families and the culture of their birth.

Today, if some adoption stakeholders minimize the importance of fraudulent practices, arguing that they took place a long time ago, the fact remains that proven abuses have been tainting international adoption for decades. in many countries: Chad, Haiti, Chile, Sri Lanka, Mali, Ethiopia, Guatemala…

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The International Convention on the Rights of the Child (CRC) enshrined, in 1989, the principle of the best interests of the child which presupposes "taking into account their fundamental, physical, intellectual, social and emotional needs, as well as the respect for his rights which must guide all decisions concerning him” (article 3). The CRC also specifies the right of the child “to know and grow up in their family of origin and the obligation of States to support the latter so that it can raise its child with dignity” (article 7). “It defends the child's right to preserve his or her identity and family relationships” (article 8) and stipulates “that no child may be separated from his or her parents against their will” (article 9).

Numerous deviations observed

However, despite these normative texts taken up by the 1993 Hague Convention on Protection of Children and Cooperation in Respect of International Adoption, ratified by France in 1998, international adoptions in France have continued to increase until in 2004, without the necessary control which would have made it possible to avoid the abuses observed (lack of parental consent, falsification of documents, pressure on biological families, forced disappearances, etc.).

In addition to the best interests of the child, the notion of subsidiarity is another pillar of the 1993 Hague Convention. Indeed, it is in the best interests of the child to grow up and be raised in their original family and cultural environment. When no solution can be considered within the extended family, then the child may be entrusted to an institution with a view to placement in a foster family, or even adoption.

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Before deciding on a final decision, the authorities must verify these different levels of subsidiarity (parents, extended family, country, cultural community). A meticulous examination of other protection options must also be carried out in order to assess whether a child meets the conditions required for adoption (truly orphaned child, act of abandonment, informed consent of parents, etc.), defining what These are called the adoptability criteria.

Enforcing the Hague Convention

Many illegal adoptions have thus been made, in disregard of the fundamental principles of subsidiarity, the best interests of the child and the adoptability criteria. According to the United Nations Special Rapporteur on the sale of children, “these principles are violated when the purpose of an adoption is to find a child for the adoptive parents rather than a family for the child” .

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In disregard of the principles set out above, France is still struggling to implement the recommendations of the Hague Convention, although it was ratified more than twenty years ago. We therefore demand that France honors its commitments and, therefore, that it strictly applies the principle of subsidiarity and rigorously evaluates the adoptability of children in their countries of birth. That France enshrines the right to the restoration of birth identity, for those who wish it (article 8 of the CIDE) and the right of access to information relating to origins, identity and medical history ( Article 30 of the 1993 Hague Convention) via an effective central structure.

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In addition to these commitments enshrined in international conventions, we ask that France establish a protocol for assistance in tracing origins (RDO) free of charge, by country and without time limit. This support by international adoption specialists would include legal, diplomatic, administrative, financial and psychological support. State supervision is necessary to avoid the privatization and monetization of a market linked to RDO, the very one which very often reveals illicit practices.

Highlight illicit practices

The State must therefore secure access to DNA tests and cooperate with the countries of origin, in order to prevent any resulting commercial activity. Financial transactions inseparable from illegal adoptions cannot continue in the RDO of adopted persons. Finally, we demand that an independent investigation into international adoptions carried out from 1960 to date be carried out, making it possible to recognize illegal adoptions, to highlight illicit practices and to ensure that they are put an end to.

France must respect the rights of adopted people, recognize the victims' harm, condemn those responsible and prevent future abuses. Today, in the name of present and future generations, in the name of birth parents and adoptive parents, it is imperative to place rights and ethics at the center of the international adoption system so that abuse and denials.

The signatories of this forum are: Emmanuelle Hebert , RAIF administrator; Erick-Alexander Mijangos , RAIF administrator; Joohee Bourgain , teacher and author, RAIF honorary member

with the support of: Marie Bardet , journalist and author; Pascale Boyer, LRM MP, Hautes-Alpes; Carmen Maria Vega, multidisciplinary artist; Annie Chapellier, Agir Ensemble MP, Gard; Jennifer de Temmerman , MP for Liberties and Territories, North; Agnès Firmin Le Bodo , Agir Ensemble MP, Seine-Maritime; Amandine Gay , director and author; Tobias Hübinette , associate professor at Karlstad University, Sweden; Xavier Iacovelli, LRM senator, Hauts-de-Seine; Hubert Julien-Laferrière – EELV deputy, Rhône; Johanna Lamboley , business manager, Chilean Adoptees Worldwide France representative; Lynelle Long , founder and executive director of Intercountry Adoptee Voices (ICAV); Bénédicte Petelle , LRM MP, Hauts-de-Seine; Maud Petit , MoDem deputy, Val-de-Marne; Michèle Peyron , LRM MP, Seine-et-Marne; Françoise Potier , president of the Adopt'Ecoute association; Mireille Robert , LRM MP, Aude; M ariela Sr - Coline Fanon , founder of Racines Perdues, Raices Perdidas; Souad Zitouni , LRM MP, Vaucluse; Michel Zumkeller, UDI deputy, Territoire de Belfort.

The RAIF association campaigns for the recognition of illegal adoptions in France, for the right to access to origins and respect for the rights of people adopted internationally. www.collectif-raif.org

The full list of signatories in this link

Find our articles on international adoption channels

Our three-part investigation:

A set of infographics: Why international adoptions have collapsed over the past fifteen years

An interview with Joohee Bourgain, feminist and anti-racist activist: “When we are adopted, we build ourselves on the idea that we necessarily have a better life in the West”

A forum initiated by the RAIF association: “It is imperative to place rights and ethics at the center of the international adoption system”