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Published online by Cambridge University Press: 26 November 2017
While the first sections of this book have considered how to determine whether a child is eligible and suited to be placed in intercountry adoption, and the necessary consents before this can occur, this chapter will concentrate on the position of adoptive parents. Despite this change of focus, the guiding principle for analysis continues to be the rights of the child, and how appropriate selection and preparation of, and support for, prospective adoptive parents can promote this.
This chapter will be divided into three parts. The first will address whether there exists a “right to adoption”, both from the point of view of the prospective adoptive parents, and from the view of the child. It will analyse the factors driving intercountry adoption, and whether there is an obligation on either sending or receiving states to practise intercountry adoption.
The second part of this chapter will focus on the criteria used to determine whether a prospective adoptive parent is eligible and suitable to adopt. Determining who should be eligible to adopt has, as Jane Lewis put it, “always been something of a litmus test in respect of much larger issues: what ‘the family’ should look like”. Societal preconceptions concerning the ability of certain groups to bring up children are laid bare in adoption legislation, and the criteria of age, marital status and sexual orientation will be discussed.
Finally, the support provided to prospective adoptive parents will be analysed. This will consider pre-adoption counselling and preparation, and the establishment of a relationship between the parents and child before the adoption order, as well as post-adoption monitoring and the services provided to the family to ensure that the adoptive placement thrives.
ADOPTIVE PARENTS AND THE RIGHTS OF CHILDREN: COMPLEMENTARY OR CONTRADICTORY?
INTERCOUNTRY ADOPTION: AN EMERGING MARKET
The inception of intercountry adoption came from the need to care for children in the aftermath of global conflict; however, these roots have been long left behind. Its evolution into an industry capable of producing large profits begs the question: to what extent does intercountry adoption continue to address the needs of children, and to what extent is it now driven by the desires of prospective adoptive parents?
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