Follow up

After a few exchanges of emails regarding this letter I sent a while back the following is what I ultimately ended up receiving. I appreciate the time taken to address my concerns.

Thank you for your email of June 1, 2010, to the Honourable Diane Finley, Minister of Human Resources and Skills Development Canada (HRSDC). As Intercountry Adoption Services (IAS) comes under my Directorate, I have been asked to respond on the Minister's behalf to your concerns pertaining to international adoption.


The Government of Canada shares your concerns for the children abroad. Canada is party to the United Nations Convention on the Rights of the Child (UNCRC) which sets out specific rights for children with regard to intercountry adoption: in Article 21 (c) it states that States Parties shall "Ensure that the child concerned by inter-country adoption enjoys safeguards and standards equivalent to those existing in the case of national adoption."


Canada is also party to the 1993 Hague Convention on Protection of Children and Co-operation in Respect to Intercountry Adoption, which entered into force in Canada in 1996. This Convention sets out safeguards aimed at ensuring that the best interests of the child are the paramount consideration in intercountry adoption. Written to help countries regulate intercountry adoptions, the Convention's main goals are to protect the best interests of adopted children, standardize processes between countries, and prevent the abduction, sale, or trafficking of children. The Convention establishes a system of co-operation between authorities in States, designed to ensure that intercountry adoption takes place under conditions which help to guarantee good practices and eliminate abuses. Under the Convention, a number of obligations are placed on States of origin as well as on receiving States to ensure the protection and safe adoption of children.


States party to the Convention have also, as far as practicable, undertaken to apply the standards and safeguards of the Hague Convention to intercountry adoption with States that are not yet party to the Convention. The Permanent Bureau of the Hague Conference manages the Intercountry Adoption Technical Assistance Programme (ICATAP), which provides assistance to States prior to, or on joining, the Hague Convention. ICATAP aims to empower and build capacity in these States, mostly developing countries, to implement domestic and international policies and frameworks which meet these obligations for protection. The UN Committee on the Rights of the Child regularly recommends to States party to the UNCRC that they join the Hague Convention and seek technical assistance from the Hague Conference.


Canada played a leadership role in the development of the UNCRC and the Hague Convention on intercountry adoption. Canada (at the federal, provincial and territorial levels) is committed to the internationally recognized principles that intercountry adoption must take place in the best interests of the child and with respect for his or her fundamental rights. As such, Canada has taken a firm position in situations where there is evidence that intercountry adoptions from a specific country present high risks of irregularities. For example, Canada has recently imposed a moratorium on adoptions from Nepal due to irregular adoption practices (inducement of consents, evidence of undue gain and child trafficking). Moreover, moratoria are also in place in Cambodia, Guatemala and Liberia until such time as these countries strengthen their child protection systems, including family preservation and alternative care arrangements; implement strict controls on the financial aspects of intercountry adoption; and ensure that the adoption Central Authority is committed to the best interest of the child.


In Canada, adoption comes under the jurisdiction of provincial and territorial governments. Measures taken with regard to intercountry adoption require that pan-Canadian approaches be developed at all levels of government. Your email does not indicate your home province, for more information on intercountry adoption you may wish to contact your provincial authority at the following link: http://www.hrsdc.gc.ca/eng/community_partnerships/international_adoption/links/provincial_territorial.shtml


At the federal level, Citizenship and Immigration Canada (CIC) administer the Citizenship and Immigration Acts which contain specific requirements that must be met before permission to enter Canada or Canadian citizenship is granted. Canadian immigration law requires that an adoption can only be considered in the best interests of the child if, in the case of a country that is not a member of the Hague Convention, "there is no evidence that the adoption is for the purpose of child trafficking or undue gain."


For more information on intercountry adoption please refer to the following site:


United Nations Convention on the Rights of the Child: http://www2.ohchr.org/english/law/crc.htm


1993 Hague Convention on Protection of Children and Co-operation in Respect to Intercountry Adoption: http://hcch.e-vision.nl/index_en?act=conventions.text&cid=69


We hope you find this information useful and we thank you for your interest in the intercountry adoption process.




Sincerely,


Ellen Healey
Acting Director General
Community Development and Partnerships Directorate