Is adoption in the US and Canada violating an international treaty?
Find answers to your legal question.
Is adoption in the US and Canada violating an international treaty?
|
So, I was doing some more research for my case and I just found out the UN held a convention on the Rights of the Child. Take a look at Article 8, numbers 1 and 2.
Article 8
1. States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference.
2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity.
Is adoption violating this treaty? As far as I know, aren't treaties supposed to be a top priority? Just wondering what your guy's take on this.
Interestingly, Article 7 says a child has the right to know and be cared for by his/her parents.
Article 7
1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents.
Interesting, no?
Additional Details
Okay, so I completely missed the section specifically tailored to adoption.
Article 21
States Parties that recognize and/or permit the system of adoption shall ensure that the best interests of the child shall be the paramount consideration and they shall:
(a) Ensure that the adoption of a child is authorized only by competent authorities who determine, in accordance with applicable law and procedures and on the basis of all pertinent and reliable information, that the adoption is permissible in view of the child's status concerning parents, relatives and legal guardians and that, if required, the persons concerned have given their informed consent to the adoption on the basis of such counselling as may be necessary;
|
 
|
monkeykitty83
|
Technically, no. If you look at the wording of the treaty, you'll note the words "unlawful" and "illegally." The US and Canada aren't violating their own national laws, and there is no international law that supersedes national sovereignty. Even voluntarily signed treaties and conventions don't generally supersede in practice, even if they should on paper.
The UN is not a world government. They can do little more than make recommendations, and have no way to enforce their decisions. I respect the work the UN does and the organization's goals, but they are without much real power all the same. Their power to intervene in internal national matters is all but nil unless other countries are threatened by the political turmoil.
While the process of altering birth certificates (not actually adoption itself) is probably a violation of the spirit of the UN declaration, the UN has zero power to enforce it, and even if they did, they likely wouldn't try against the US, who is their largest dues contributor by far. Without the money the US kicks in, the UN would basically cease to function at all, so the UN cannot afford to alienate them like they could a smaller member state.
International treaties aren't really top priority, no. They probably should be given higher priority than they are, but in actual international law as it is practiced, treaties-- particularly UN declarations as opposed to those made by a country with another country directly-- are actually given far lower priority than state sovereignty. |
|
Randy B
|
Since most of your points hinge on the prohibition against "unlawful interference" one must first prove that the adoptions are unlawful. Since they were done through legally mandated authorities, confirmed by legally mandated courts either in the home countries of the child(ren) or in the home country of the adoptive parents then one must somehow prove that the adoptions were still unlawful (vice unethical, immoral, not needed, "I just don't like it"....) |
|
Rebecca S
 |
No it is not a violation.
It is just saying that the adoption has to be done legally. The parents agree with the adoption and that no else has a legal right to the child prior to the adoption.
Chinese girls are adopted fairly frequently due the limits the county has on the number of children a family can have. |
|
sam22254
 |
I have always felt my son's rights were violated . And my grandson when the court didn't order the name change. My son didn't want to change the name that he goes by the first name just the middle and last name. But the judge don't see fit to give him his true last name. So for now my grandson lives a lie they call him by their last name when the child can't be adopted. If we go by what's on his birth record its infant boy myers. Sad isn't it. I need to find where you saw this. They take kids all over I know the first case against the same adoption agency i saw was a Indian child out of Canada and they did nothing to give the child back. |
|
luis l
|
no is a crime |
|
Heather B
 |
Yes. Shakes head sadly. |
|
|
|
|
|
 Friends, Private Adoption? |
| My friend has given birth to a beautiful baby girl Friday. Well she has asked to to adopt her child due to "problems" via private adoption... Well, my fiancee and I are currently moving ... |
|
 For the people who don't believe that coercion exists today? |
| What do you think when a court declares that there was indeed coercion and the adoption is vacated? Do you think the Judges are crazy? Do you think the first parents are just really good con artists ... |
|
 Why is foreign adoption so difficult, is there an easier way? |
| My husband and I would love to adopt a baby girl, the problem is everytime I look into a specific country or agency we don't meet the criteria. Examples, you have to be married three years and ... |
|
 My husband Adopting my daughter? Attorney Necessary? |
| I have a 3 yr old- In the 3 years she has lived there had been no visitation. Non- custodial parent said he would sign over rights if child support was relinquished. Is there any way to do this ... |
|
 What are some issues that are still going on with adoption? |
| What are some big issues that are still going on with adoption?... |
|
 I'm thinking about adopting 2 kids...What do you think about adoption? |
| Friends are trying to discourage me from doing this. They claim that most American kids are problem children that nobody wants, and that sometimes things get so bad that the adoptive parents have to ... |
|
 If you relinquished a child and gave them up for adoption, over time, did your family ever talk about them? |
| I was wondering, did your parents ever acknowledge the child ever existed? Did they want pictures if you got them? Did they want you to relinquish or did they want you to parent? Was it an elephant ... |
|
 What do you think of this response to the NCFA re. protecting privacy of first mothers? |
| Below is what I think an excellent response to the NCFA's latest clarification of it's archaic agenda - to fight open records for adopted people in order to protect the privacy of women who ... |
|
 My husband and I are looking to adopt. Any suggestions? |
My husband and I are wanting to adopt, but right now we are limited money wise (due to having paid for tubal reversal surgery and other fees toward adopting a baby that never came through). So ... |
|
 Adoption???? |
So, I am still contemplating adoption.
I'm 27,have been married for 3 years,and live a very financially stable life.
We have a biological daughter,&would like to expand our family ... |
|
 Adopting a friends baby? |
| If a friend is having a baby but doesn't want it, is there a way to adopt it without going through the courts?... |
|
 Adoptee feeling torn and confused, Dont know what to do? |
| I met some of my birth family 3 years ago, my birth mother is mentally ill but is desperate to see me. I sent a letter to her & said maybe i could meet her later in the year, & my birth aunt ... |
|
 I need some info on having my soon to be husband adopt my 6 month old baby.? |
| I need help gettin info. I am in Canada.. and have a six month old baby. The bio-dad was not around during the pregnancy.. and has only seen my baby a few times. He is no longer a part of the babies ... |
|
 Mothers of adopted children ONLY, just curious? |
i thought that in order to better understand each other, maybe this would be a good chance to answer a question without feeling like you're on the defense.
1. what is it you want to ... |
|
 Is it a good idea to offer "incentives" to your child's caretaker to get any additional info? |
When we met our daughter in China we bombarded her caretaker with questions. She was very friendly, but a little guarded. Needless to say we didn't get anything significant.
I've been ... |
|
 Recommendations? |
| So, my husband and I have been interested in adoption for a while now. I'm 27, He's 31, we've been married for 3 1/2 years now and have a biological daughter. We are financially, ... |
|
 Questions about older kids? |
| My husband and I are considering the adoption of an older child. We’ve read through a good many “horror” stories and the usual collection of dire warnings that ‘these kids won’t behave in a way ... |
|
 What are the chances of me sucessfully adopting a child ? |
| 3 years ago i gave birth to my son ..I was such a high risk patient , I swore if i lived and my son was okay i woulnt have anymore children ..Okay 3 years down the road my son is asking for his baby ... |
|
|
No Spam
Adult 
Gambling
Unfinished
Deception
Plagiarism
Not English
