Illegal intercountry adoptions may violate the prohibition of abduction, sale of or trafficking in children and the prohibition of enforced disappearances, a group of UN rights experts said today, urging States to take action to prevent and eradicate such illicit practices.
"When illegal intercountry adoptions occur, various human rights are violated, including the rights of every child to preserve their identity," the experts said in a joint statement published today, adding there are "devastating consequences on the lives and rights of victims."
"In certain conditions as provided for in international law, illegal intercountry adoptions may constitute serious crimes such as genocide or crimes against humanity," they said.
The joint statement was issued while the question of illegal intercountry adoptions is being raised in several countries, with an increasing number of adoptees discovering inconsistencies or errors in their adoption process, and that stories they had been told about their origins and the reasons for their adoptions were fake.
The experts called on States to fulfil their duty to prevent illegal intercountry adoption by promulgating and implementing laws, policies and other necessary measures concerning the adoption process.
They underscored that the best interests of the child shall always be the paramount consideration in all adoption cases. "States shall especially enable children to express their views and ensure that these views are given due weight in accordance with their age and maturity in all judicial and administrative proceedings concerning an intercountry adoption decision."
It is also crucial for States to take all appropriate measures to ensure that no improper financial gain can be generated from intercountry adoptions for parties or intermediaries involved. "Contributions and donations should be clearly separated from the adoption process," they said, adding, "Corruption at any stage of the adoption process shall be criminalised."
The experts also called on States to prohibit illegal intercountry adoptions as a continuing offence under criminal law, as well as to prosecute and punish those responsible with appropriate sanctions considering the extreme seriousness of the crime. "States shall consider as an aggravating factor that the person who disappeared was a child, taking into consideration that enforced disappearances or the wrongful removal of children in the context of enforced disappearance is an extreme form of violence against children."
They also called for setting up independent commissions of inquiry to establish facts surrounding allegations of illegal intercountry adoptions and determine the responsibilities of all parties, facilitate the search for origins and propose adequate reparation measures for victims. "States shall ensure that all victims, including those adopted in the past, receive the assistance they need to know their origins," they said.
"For instance, States should create a DNA database that includes genetic samples for all cases of wrongful removal, enforced disappearance, or falsification of identity that have been reported, with the specific purpose of re-establishing the identity of victims of illegal intercountry adoption."
"Victims of illegal intercountry adoptions have the right to know the truth."
