The Research On Legal Issues Of Afterward Supervision Of The Sending Country

Intercountry adoption, which is considered to be a resort to help these homeless children get the permanent family bearing for their future lives, has obtained much attention from the whole world. However, every coin has two sides and it is the same with intercountry adoption, there is no doubt that the international kidnapping and selling of children, the abuse and penalty to children has become very popular and seriously damaged the rights and interests of these adopted children. As per these side-effects of this phenomenon, all the countries and the international organizations have enacted a series of laws and decrees to prevent these international crimes, such as the 1989 Convention on the Rights of the Child of UN, the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, as well as the Convention of Kidnapping and Selling of Children among America Countries and so on. Although these laws and conventions brought some positive effects to the prevention of abuse of the right of international adoption, they still make some blind spot for the supervision of intercountry adoption and could not make sure that these adopted children get the comprehensive protection because these laws and conventions just keep inside the sending country and the receiving country but not full co-operation between them. Regarding the solutions of how to perfect the system of protection for children, reduce and avoid the abuse of the right of intercountry adoption, we can consider to take these actions such as authorize the sending country to supervise the affairs after the adoption, adopt different regulatory models according to the condition of different countries and establish the integrated laws of regulation after the adoption.Utilizing these methods of theoretical and comprehensive analysis combined together, comparing analysis and normative study combined together as well as the empirical analysis and critical study combined together to study and analyze the existing supervision system of intercountry adoption, to make comprehensive study on the basic requirement,the history of its development, the legislation and practice, system and organization, mechanism of cooperation of afterward supervision of the sending country will be grate importance to the sound development of the children who are adopted between countries from the theoretical and practical standpoint. Firstly, point out the vulnerability and drawback of the existing regulatory system from the nowadays reality of intercountry adoption. Secondly, illustrate the foundation as well as the contents of the afterward supervision of the sending country, present the practice and efforts from the major countries as well as the international organization. Thirdly, regarding the models of the afterward supervision of the sending country, there would be three choices which can be adjusted and enacted flexibly according to the local conditions of country, such as oriented and predominated by the central authorities, by the organizations of adoption between countries, by the adopter, and different afterward supervision of the principal should bear the corresponding legal obligation. Lastly, make some suggestions for the perfection of the regulation system on the issue of intercountry adoption according to the existing condition in international community.