Africa The Democratic Republic of Congo (DRC) On September 25, 2013, the government of the Democratic Republic of Congo enacted a suspension of exit permits for Congolese adoptive children that prevents adoptive children from being allowed to depart the country with their adoptive parents. Although Congolese courts continue to issue new adoption decrees, these are not currently recognized by the Congolese immigration service, the
Direction Generale de Migration (DGM), which controls the points of entry. Congolese officials have said the suspension will remain in place until the parliament enacts new legislation reforming the adoption process. Because of the suspension, the U.S. Department of State announced on October 6, 2014, that it strongly recommends against adopting from the DRC at this time. According to the DRC Family Code, an adopted child holds the same rights as a biological child in the adopting family. Links with original family are preserved. This regime is applied to simple adoption. As far as international adoption is concerned, the DRC Law does not provide a definition specifically; but the judicial practice authorizes the adoption of Congolese children by foreign parents. Fundamental principles for any child adoption are defined by Law No. 09/001 from 10 January 2009 relating child protection, as follow: • All children are entitled to adoption • The adoption of a child by a foreigner can only happen when competent authorities from the origin state: • Have verified, after having examined the social conditions in the origin state that the adoption is to be done in the best interest of the child. • Have made sure that: • The consent for adoption is not given in exchange with payment or any kind of compensation and that this consent was not later retrieved. • The Child's wishes and opinions have been taken into account in accordance with their age and level of maturity • The consent expressed by the child for their adoption, when it is required, is freely expressed in ways required by the law, and that this consent is given or recorded in a written form As for conditions to be met in the host state for a valid international adoption, article 19 of the Child Protection Code explains that the host state should certify that: • The future parents are qualified and are capable of adopting children • The adopted child is authorized to enter and reside permanently in the host country However, even though international adoption is allowed under fulfillment of the above-mentioned conditions, article 20 of the DRC Child Protection Code denies the right to adoption to homosexuals, pedophiles and mentally-ill people.
Ethiopia In 2018,
Ethiopia banned the adoption of children by foreigners. The Ethiopian Government's official news outlet, ENA, claims that the state banned international adoptions due to concerns over child abuse and neglect overseas. There were instances of children who were relinquished by their parents and listed as orphans on adoption registries, which led to the avoidance of undesirable court procedures. Some critics of international adoption cite the reason for unethical adoption processes as being the high demand that countries faced from adoptive parents. In 2016, Denmark officially ended international adoption with Ethiopia over concerns surrounding the ethics of the adoption process, as well as the health and safety of the children involved. According to the
U.S. State Department, Ethiopia is not a signatory to the
1980 Hague Convention on the Civil Aspects of International Child Abduction (Hague Abduction Convention). The Hague Abduction Convention attempts to negate the harmful side effects that can result in countries participating in international adoption. The convention "focuses on the child," rather than the adoptive parents or biological parents. Additionally, the U.S. and Ethiopia have never had any kind of agreement that would outlaw child abduction, in special relation to international adoption. In 2007, Ethiopia ranked 5th among countries for international adoption by Americans. This was a large increase from their 16th-place ranking in 2000. International adoptions rose after
Angelina Jolie's adoption of her daughter Zahara Marley Jolie that took place in 2005. The U.S. embassy to Ethiopia reported that adoption numbers in the country had risen so much that extra staff had to be hired to handle to workload. Average waiting time for adoptive parents averaged about five weeks, accompanied by low cost and simple, easy procedures. The high interest found among Americans and Europeans, as well as the cheap and easy adoption process, made the U.S. embassy concerned about adoption fraud. In 2024, China had officially ended its international adoption programme and since then allows international adoption only for relatives who hold foreign nationality. Domestically, China has two major pieces of legislation directly responsible for international adoption affairs. • Adoption Law of the People's Republic of China (Revised), which deals with general adoption issue. Its Article 21 is specifically linked to international adoption. • Measures for Registration of Adoption of Children by Foreigners in the People's Republic of China, solely addressing international adoption issues. Other pertinent documents include • Article 26 in Marriage Law of the People's Republic of China, also defines adoption in China in a general manner. • Measures of China Center of Adoption Affairs for Authorizing Foreign Adoption Organizations to Seek Adoptive Families for Children of Special Needs Legally, the China Centre for Children's Welfare and Adoptions (CCCWA) (which is different from the China Center of Adoption Affairs (
CCAA) is the only agency authorized by the Chinese government to regulate and process all inter-country adoptions from China. And China requires all inter-country adoption be handled through government approval instead of any individual application. since May 30, 2012. And according to the Act, all the adoption cases in Taiwan shall consider the national adopter as priority. Besides, all the international adoption cases shall be matched via the legal adoption matching services agency. Except almost the same peer within six degrees of kinship of relatives and five degrees of kinship of relatives by marriage, or one of the couple adopts the other party's children. Taiwan organizations that provide international adoption service work with foreign agency or governmental authority instead of individuals.
The Republic of Korea (South Korea) The Republic of Korea (South Korea) is not party to Hague Adoption Convention. South Korea's law requires the use of an adoption agency for the overseas adoption of all Korean orphans, and requires that such agencies are authorized by The Ministry for Health, Welfare and Family Affairs. On May 24, 2013, it signed the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the convention). This is the first step for South Korea in becoming a Convention partner. Adoptions between the United States and South Korea, however, are not yet subject to the requirements of the convention and relevant implementing laws and regulations. According to the Ministry of Health and Welfare, which will be designated as South Korea's Central Authority, there is no set date when South Korea will deliver its instrument of ratification or when the convention will enter into force with respect to South Korea. Domestically, the Republic of Korea (ROK) Special Adoption Act, which governs intercountry adoptions from South Korea, went into effect on August 5, 2012. This law prioritizes domestic adoptions and endeavors to reduce the number of South Korean children adopted abroad. Under the Special Adoption Act, each intercountry adoption requires the approval of the ROK Family Court.
India India is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). In January 2011, India implemented new procedures to provide more centralized processing of intercountry adoptions. In addition to the new guidelines, prospective adoptive parents should be aware of all Indian laws that apply to intercountry adoption. A child can be legally placed with the prospective adoptive parents under the Hindu Adoption and Maintenance Act of 1956 (HAMA), the Guardians and Wards Act of 1890 (GAWA), or the Juvenile Justice (Care and Protection of Children) Act of 2000 (JJA).
Vietnam Vietnam is a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). Domestically, Vietnam Government has promulgated the Law on Adoption and it took effect from January 1, 2011. It contains 53 Articles, and addresses both domestic and intercountry adoption. Article 14 of the Vietnamese law outlines the requirements for adopters, which is also applicable to foreign adoptive parents.
Europe Council of Europe The enactment and enforcement of international standards and laws regulating adoption depends on how the competent authorities in each contracting state interpret international instruments and implement their provisions. European regulation and practices on the matter vary from country to country. An attempt to harmonize adoption laws among Member States of the
Council of Europe was made with the
European Convention on the Adoption of Children (1967), which entered into force in April 1968. In 2008 a revised version of the European Convention on the Adoption of Children was prepared by a Working Party of the Committee of Experts on Family Law under the authority of the European Committee on Legal Cooperation within the framework of the Council of Europe. The convention was opened for signature on 27 November 2008. As of November 2013, the 1967 Convention has been ratified by 18 of the 46 Member States of the Council of Europe, while 3 Member States are signatories but have not yet ratified. As for the revised Convention, 16 countries have ratified, while another 3 have only signed.
European Union Within the European Union regulation, reference to intercountry adoption is made in article 4 of the Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification. The article regulates the immigration of adoptive third-country-national children provided that the parents are established third country nationals within the European Union. EU Member States authorized the entry and residence of children adopted in accordance with a decision taken by the competent authority of the Member State concerned. Entry can also be authorized by a decision that is automatically enforceable due to international obligations of the Member State or must be recognized in accordance with international obligations (art. 4 (b)). With the ratification and adoption of the Hague Adoption Convention, European countries have developed training for social workers in charge of providing international adoption-related services. They have appointed competent specialists and created a centralized system of control (e.g. Italy and Germany). In Switzerland, on the other hand, the bureaucratization of the procedures has been considered to have slowed down the process resulting in a decrease of the number of children adopted. Traditionally in Spain, France and Switzerland, the adopting parents can choose between two paths to carry out international adoption: referring to the intermediation of an accredited body – most of the time a private organization – and with the supervision of the central adoption authority designated by the state, or opting for a private adoption without the referral to the intermediary. In Italy and Norway the second option, considered as "private adoption", is forbidden. In Italy for example all international adoptions must be arranged by competent bodies accredited by national law. The only exception is granted to prospective adoptive couples where one spouse is a native of the country the child comes from, or for Italian families who have lived for a long time in the country and have a significant relation with its culture. In these two cases their demand for international adoption can be sent to the International Social Service, an international not-for-profit organization active in more than 100 countries through a network of branches, affiliated bureaus, and correspondents, without recurring to the accredited national bodies. France and Germany recently adopted a third path, creating public bodies that simultaneously exercise a formal intermediary role and in practice perform the functions of a central adoption authority. Data show that in all European countries, both those that legally prohibit and allow for it, the practice of private adoption is widespread and has raised concerns most of all in relation to the risk of child trafficking. Many European countries have signed bilateral agreement with countries of origin of the adopted children (e.g. Spain with Philippines and Bolivia, France with Vietnam). Legally speaking, bilateral agreements cannot disregard the guarantees provided by the Convention of the Rights of the Child and by the Hague Adoption Convention.
North America United States The United States (US) is bound both by domestic and international laws regarding adoptions of children. The laws cover US families adopting children from abroad, and families abroad adopting US-born children. Many US children are adopted abroad. There are several international treaties and conventions regulating the intercountry adoption of children. When possible, the US prefers to enter into multilateral agreements over bilateral ones, because of the difficulty in getting the Senate to ratify international agreements. • Inter-American Convention on Conflict of Laws Concerning the Adoption of Minors, 1984 (US not signed or ratified) • US bilateral agreement with Viet Nam on 1 Sept 2005 •
United Nations General Assembly Declaration on Social and Legal Principles Relating to Adoption and Foster Placement of Children Nationally and Internationally (adopted without vote) • Hague Adoption Convention on the Protection of Children and Co-operation in Respect of Inter-Country Adoption (Hague Adoption Convention). The US has acceded to (signed) but the Senate has not ratified the Hague Convention. The US also made a declaration that this convention does not supersede Title 18,
United States Code, Section 3190 relating to documents submitted to the United States Government in support of extradition requests. • United Nations Convention on the Rights of the Child. The US signed (16 Feb 1995) but the Senate has not ratified because of states' rights to execute children (minors tried as adults). This was deemed unconstitutional by Supreme Court in 2005, but the Senate has not reversed its position. The Intercountry Adoption Act of 2000 incorporated the Hague Convention into national law for children adopted from countries that had signed the Hague Convention. Paragraph 97.3 (§97.3) stipulated the requirements for parents, which were similar to those used for domestic adoptions, with additions regarding citizenship, visas, and immigration. The law was replaced by the
Intercountry Adoption Universal Accreditation Act of 2012, which extended Hague Convention rights to all adoptees, regardless of their country of origin. It also governs accreditation, oversight and enforcement for
adoption agencies involved in intercountry adoption. Prior to the 2000 Act, providers were regulated by state laws and state licensing authorities only, with varying standards in each state.
Origin countries with limits or bans on adoption to the United States Several countries do not accept or only partially accept inter-country adoption requests from the US for certain reasons. :* Russia: In December 2012, Russian President
Vladimir Putin signed into law a measure, effective January 1, 2013, banning the adoption of Russian children by US families. The ban was seen as diplomatic retaliation for the passage of the
Magnitsky Act in the US, while popular support in Russia focused on incidents of abuse to adoptees by US parents. :* Ethiopia: In February 2018, the Ethiopian Parliament amended the country's adoption laws and removed reference to adoption of its citizens by foreigners. The new law became effective on February 18, 2018. :* China: On 5 September 2024, the Chinese government terminated the international adoption program with immediate effect. The US also suspended adoption relations with selected countries, due to the Hague Convention or other rationales. :* Vietnam, temporarily suspended due to allegations of corruption and baby-selling :* Guatemala, the adoption was shut down in 2007 for adoption after allegations of corruption, families being coerced and children kidnapped to feed U.S. demand. (See also:
Adoption in Guatemala) :* Nepal: Although Nepal has not closed its doors for adoption, the United States government has suspended adoptions from Nepal. Documents that were presented documenting the abandonment of these children in Nepal have been found to be unreliable and circumstances of alleged abandonment cannot be verified because of obstacles in the investigation of individual cases. ==Controversy==