Paper Title
Human Rights Issues and Inter-Country Adoptions: A Critical Analysis
Abstract
Inter –country adoption involves different concerns and issues like change in ordinary residence of child, distance involved, change in identity of the child, change in nationality, culture, which raises many human right issues. Right to grow in the family environment is recognized as a very important child right. Adoption, in-country or inter country adoption is the solution to the issue of abandoned surrendered and destitute children. Inter-country adoption is already subjected to criticism and given a secondary place in priority of adoption due to the concerns like change in nationality, culture, identity which results into human right violation. The ‘Best Interest of the Child’ is the guiding principles for adoption laws in India .Current international and national legal framework has failed to preserve the best interest of the child. India has ratified international conventions like UN Convention on Rights of Child and Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Inter-country Adoption, to protect abandoned and destitute children, to find a family for as many orphan children as possible and to safeguard their interest. Thus, inter country adoptions involves many human right issues and exploitations even though it is being regulated by International conventions and domestic legislation in number of countries including India. Hence it is significant to critically analyze in this area to identify the human rights issues and correct the gaps in policy, legislative, judicial gaps to protect the children to serve the best interest of the child and preserve the institution of inter-country adoption.
Keywords - Inter-country Adoptions, Human Rights, Best Interest of the Child, International Convention, Domestic Legislation.