Research On Compliance Guide Hague Convention On Intercountry Adoption

An important content of children rights has been family rights since21st Century. Children’s deserved family rights requires total protection, thus adoption is becoming an effective way to help those kids who lost everything. Currently, inter-country adoption is so common that millions of kids have found their new homes through it.A set of treaties, which mean to offer reinforcement for adopted children protection, have been taking roles during1990s and till now. One representative of them is Implementation of the European Convention on Rights of the Child by E.C.(1996.1.25). On Nov.6th,1997, the passed European Convention on Nationality, together with the early passed European Convention on the Legal Status of Children born out of wedlock, are all requiring something new in adopting issue. Generally speaking, the more than ten-year-old Convention on Inter-country Adoption and Co-operation in the Protection of Children, which was passed by Hague Conference in1993, has been trying to adjust inter-country adoption in special.This convention is praised for offering happy living atmosphere ad warm care for children by law conflicts solving in adopting field and successful adoption promoting. Based on the Convention and its compliance guides, the goal is to solve problems in inter-country adoption system in China. At first, the function of Compliance Guides is to better regulate with substantial laws and procedure laws. Two Guides are different to each other:Guide I explains how to handle new situations while Guide II describes appointed agency, including its purposes and functions. No matter where and how a kid shall be adopted, all activities must obey the principals established by the two guides. In addition, there are also some specific provisions for regulating in the articles. For example, the procedures before and during the time of adopting, fees issue, tracing after kid being adopted and national services.Then we can look back into the Convention’s practicing especially the compliance in China. Though we are facing quite a lot of obstacles like lacking of legislature, co-dependent authorities, too complicated formalities and unclear charge system, Chinese government does make every effort to prevent adopted kids from evil and illegal adopting trap in both alien and domestic fields. As being a member of the Convention for more than ten years, we should not ignore the importance in improvement of inter-country adoption system. Some methods taken by E.U. and U.S. can be good references. In another words, our research is indeed a valuable start.