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Chapter 10 - Conclusion

Published online by Cambridge University Press:  26 November 2017

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Summary

The purpose of this book has been relatively simple: it has sought to determine how best to protect the rights of children in intercountry adoption in Europe by providing content to the principles set out in international law. In doing so, it has provided practical examples from European jurisdictions of the issues that can arise in establishing appropriate legislation for intercountry adoption, and how these can be improved upon by using a children's rights framework.

It has not been the intent to advocate uniform rules across Europe, but to expand on international human rights law principles to provide more detailed guidelines for conducting the intercountry adoption system in conformity with the best interests of the child. There are many areas in which uniform laws would not be beneficial; an example of this was seen in Chapter Three in the discussion of the in-country waiting periods for children before placement in intercountry adoption – the length of time that domestic alternative care is considered will necessarily depend on the individual situation in the jurisdiction in question. Where domestic foster care and alternative accommodation is well developed, then longer periods are justified in order to give the child the highest chance of a placement that ensures continuity of culture, ethnicity, language and religion, subject to difficulties for young children concerning attachment. On the other hand, where there are few domestic foster care or adoptive placements available, and the child will otherwise be living in substandard institutional care, shorter time periods must be advocated. In this situation, this book has proposed general guidelines that states must consider when developing their legislation, and when deciding what length of waiting period best suits their particular situation.

There are other issues discussed in this book that are more conducive to a prescriptive approach, for example services for adoptive parents such as preadoption counselling, post-adoption services, and psychological and legal assistance for birth parents. While the implementation of such services will depend on the financial resources of the state, the aim of the system and the principles behind it will remain unchanged.

Type
Chapter
Information
Children's Rights in Intercountry Adoption
A European Perspective
, pp. 211 - 216
Publisher: Intersentia
Print publication year: 2014

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  • Conclusion
  • Claire Fenton-Glynn
  • Book: Children's Rights in Intercountry Adoption
  • Online publication: 26 November 2017
  • Chapter DOI: https://doi.org/10.1017/9781780684925.010
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  • Conclusion
  • Claire Fenton-Glynn
  • Book: Children's Rights in Intercountry Adoption
  • Online publication: 26 November 2017
  • Chapter DOI: https://doi.org/10.1017/9781780684925.010
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • Claire Fenton-Glynn
  • Book: Children's Rights in Intercountry Adoption
  • Online publication: 26 November 2017
  • Chapter DOI: https://doi.org/10.1017/9781780684925.010
Available formats
×