The 1989 United Nations Convention on the Rights of the Child and the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption form the framework of principles and rights that should guide all interventions and decisions regarding minors, especially those in situations of vulnerability.
Within this framework, national and international adoption is considered a protective measure that should always serve the best interests of the child, without considering other extraneous interests.
Additionally, the Convention on the Rights of the Child, when referring to international adoption, establishes the principle of subsidiarity. This principle regards international adoption as a last resort, to be used only after exhausting possibilities for protective measures within the child's own country.
As a protective measure, international adoption must be guaranteed by the responsible States, and only competent child protection agencies should be involved in these processes.
These agencies are the only ones legally mandated to ensure that international adoption always serves the child's best interests.
Which children can be adopted and who can offer for international adoption
- Which children can be adopted
An adoptable child is one who not only meets the legal conditions but also, whose personal, psychological, and social circumstances recommend adoption. It is essential to distinguish between a child in need of institutional protection and an adoptable child. Many children "in need of protection" are not necessarily adoptable.
- Who can offer for international adoption
The person/s offering for adoption must understand that the child's best interest is paramount. They must be capable of responding to the child's emotional, health, and historical needs, in line with the child's age and circumstances before adoption.
Publications on international adoption
The Ministry, through the Directorate General competent in child protection, has been providing information and training on international adoption through the publication of several studies and technical documents.
These publications are aimed at the general population, those interested in international adoption, and the professionals involved in adoption processes, providing them with technical working tools.
The goal is to promote and facilitate a guarantee system in processing international adoptions, in line with international conventions and Spanish legislation, where the best interests and rights of adoptable children are prioritized.
- Dambach, M. y Messineo, J. (2020): Intrafamily International Adoptions. Ensuring respect for the child's right. SSI/CIR Working Document No. 3: Focusing on Solutions. International Social Service. Geneva
- Aragón, G., Baglietto, C. y Jeannin, C. (2019): Guide for the evaluation of OAA activities in originating countries. International Social Service. Ministry of Health, Consumer Affairs, and Social Welfare. Spain
- Dambach, M. (2019): Principle of Subsidiarity. SSI/CIR Working Document No. 1: Focusing on Solutions. International Social Service. Geneva
- Jeannin, C. y Roulez, J.(2019): Access to Origins: Overview of Legal and Practical Aspects. SSI/CIR Working Document No. 2: Focusing on Solutions. International Social Service. Geneva
- Ledesma, J., Louse, H., García, V., Villar, C., Serrano, I. (2019): Recommendations Manual for Origin Search. CORA (Coordinator of Adoption and Foster Care Associations)
- Jeannin, C. (Ed.) (2018): Strengthening Competencies: Learning from Failures in International Adoption. International Social Service. Geneva
- Baglietto, C., Cantwell, N. y Dambach, M. (eds.) (2016): Responding to Illegal Adoptions: A Manual for Professionals. International Social Service. Geneva
- Jenny, M. y Romanens-Pythoud, S. (2016): A Better Future is Possible. Promoting Family Life for Disabled Children in Institutions. Manual for Professionals. International Social Service. Geneva
- Boèchat, H., Dambach, M., Maurin, C. y Romanens-Pythoud, S. (2015): International Adoption and its Risks: A Guide for Candidates. International Social Service. Geneva
- Palacios, J. (2010): The Adventure of Adopting. Guide for International Adoption Applicants. Ministry of Health and Social Policy. Madrid
- Bernacchi, E., Pregliasco, R. y Crine A.M. (Coords.) (2008): Guidelines on Post-Adoption Services. Secretariat of ChildONEurope. Florence
- Berástegui, A. y Gómez-Bengoechea, B. (Coords.) (2008): The Challenges of Post-Adoption: Balance and Perspectives. Ministry of Labour and Social Affairs. Madrid
- Palacios, J. (2008): Manual for Professional Interventions in International Adoption. Suitability Assessment. Child-Family Matching. Post-Adoptive Follow-Up. Ministry of Education, Social Policy, and Sport. Madrid
- García Villaluenga, L. y Linacero, M. (2006): The Right of the Adopted to Know Their Origins in Spain and in Comparative Law. Ministry of Labour and Social Affairs. Madrid
- International Adoption and Origin Search: A Guide for Adoptees. International Social Service. Geneva
- Life Book. International Social Service
- The Importance of the Child's Health in the Adoption Process. International Social Service. Geneva
Automatically translated with OpenAI from Spanish