Position statement ‘intercountry adoption’

1. Position statement ‘intercountry adoption’ ENOC Conference, Paris September 19th-21th 2018 Bruno Vanobbergen Flemish Children’s Rights Commissioner @KRCommissaris

2. Why putting this topic on the agenda? • Last year in Belgium: several public debates on intercountry adoption • Our office also received several complaints by adoption families and by adopted children • The voice of adopted children and young people is often missing in the public debate • In dealing with complaints the need for more collaboration between our different offices becomes the more and more important • Sharing views and experiences • Close collaboration in dealing with individual complaints

3. Process-timeline • September 2017: • ENOC Annual Conference Helsinki • 3 new Working Groups: Children’s mental health, intercountry adoption, memberschip and statutes • Working Group ‘Intercountry adoption’ • Chair: Children’s Rights Commissioner of Belgium (Flanders), Bruno Vanobbergen • Members: Belgium (Flemish and French community), Cyprus, Denmark, Malta, Bosnia Herzegovina, Servia

4. Process-timeline • Objective: • To map thesituationandchallengesof ICA in the different ENOC countriesandregions • Toworktowardsanorganization of intercountry adoption, focusing on the rights of thechild • Methodology: • Febr. 2018: QuestionnairetotheWorking Group Members & non-members (20 respondents) • May 2018: ENOC draft position statement • June 2018: feedback members of theWorking Group & externalreviewers(Nigel Cantwell, Prof. Geoffrey Shannon andthe ISS) • August 2018: feedback of the ENOC Bureau & all ENOC-members • September 2018: position statement on ICA

5. Position statement: content • Data base must bestrengthened • Deficiency: • Difficultiesto have access toreliable information • Lack of harmonization in thecollection, compilationanddissemination of information on adoption • Recommendation • Collect sufficient, reliableandappropriatelydisaggregated data on children in ICA. • Submitgeneralstatistics on anannual basis tothe Permanent Bureau of the Hague Conference

6. Position statement: content • Necessitytocomplywiththeobligations of the Hague Convention • Deficiency: • Despiteratification, countriesinterpret & implementconvention in theirown way • Allow ICA withnon-Hague countries • Still private and independent adoption • Recommendation • Full compliance withthe Hague Convention • Ban private adoption • Ban independent adoption without intervention of Central Authority • Applysamestandardsandsafeguards in non-conventioncountries

7. Position statement: content 3. Consideringchanging landscape of ICA • Challenge: • Manychildren are notorphans • Majority have special needs (older, siblinggroup, disability, seriousillness) • Recommendation • Collect reliableand complete information fromthe country of origin. In case of seriousdoubt, cooperation shouldbesuspended • Individual assessment of thechild’sadoptibility

8. Position statement: content • Individual assessment of the child’s need by a multidisciplinary team of trained professionals • Counselling and preparation of the child • Taking into account the views of the child • Selection, mandatory preparation and counselling of prospective adoptive parents • Professional matching process by an independent multidisciplinary expert group • Implemention of open adoption for certain children with adequate professional support • Special attention for older children • Foundation of European ethical commission that reflects on challenges of ICA

9. Position statement: content • Providingongoing post-adoption support adaptedtothespecificneeds of thechild • Deficiency: • Some European States have no official services • Adoptive families onlyentitledtoordinary welfare services • Onlyfor short period of time • Notalways low-threshold access • Recommendation • Adequate post-adoption support in all European countries • Long-life nature • Low-threshold access

10. Position statement: content • Ensuringmeaningfulparticipation of everychild in intercountry adoption • Deficiency: • Little attention tothe right toparticipation • Misconception • Children are adopted as youngbabies • Children are notable te expresstheir views

11. Position statement: content • Recommendation • Ensure that all children can exercise their right to be heard, to be taken seriously and to participate making in all matters affecting them • Views of the child have to be given due weight in accordance with their age and maturity • Child should be heard by qualified professionals • Information should be age-appropriate, accessible, in child-friendly formats and in native language

12. Position statement: content • Respecting & fulfilling right of thechildto have access tobiological information • Deficiency: • Notalways information or incomplete information • No access or restricted access tobirth record (byage or by consent of others)

13. Position statement: content • Recommendation • Collect and retain all relevant (birth)information at the earliest possible opportunity • Ensure that all children have the right to know that they are adopted • Ensure that all children have access to information on their origins • Provide children with adequate professional support

14. 7. Avoidsiblingseparation • Deficiency: • Closed adoption closesthebiologicalrelationandkinshipbetweensiblings • Ifadoptiveparentsdon’t want tomaintaincontactsbetweensiblings, therelationshipstops • Recommendation • Avoidsiblingseparation • Enhancethelegalframework: allownationalauthoritiestoenforce, maintainandprotecttiesbetweenadopteesand his/her siblings

15. What will the future bring? • UN Committee on the Rights of the Child • ICA in Concluding Observations • General Comment on the right of the child to know his or her origins