Legal Mechanism Of Against The Abuse Of Intercountry Adoption Right

The abuse of intercountry adoption right is a topic of concern. Intercountry adoption should have provided suitable permanent home for children, but many children are forced to be separated from their parents. Moreover, some children were abducted in the process of intercountry adoption or ill-treated after intercountry adoption. Things like this is violating the interests of the child, undermining the intercountry adoption order, hindering the development of intercountry adoption normalization. There is a great demand for intercountry adoption. However, lacking of healthy and suitable children for the intercountry adoption, it can not meet the needs of adoptive families in most countries. So, in order to solve the contradiction between supply and demand, in addition, the stimulating of the economic interests in intercountry adoption, the imperfect relevant law, the inadequate supervision of adoption agencies and their personnel etc, buying, trafficking children and other phenomena of abuse in intercountry adoption appeared. All these above lead to the abuses of intercountry adoption right. The abuses of intercountry adoption right include four aspects, subject,object,subjective and objective. To prevent the abuse of intercountry adoption right,the international organizations has adopted a series of conventions to protect children, such as the Convention on the Rights of the Child in 1989,, the Hague Convention on protection of Children and Cooperation in Respect of Intercountry Adoption in 1993 etc., which constitute the legal framework of preventing abuse of intercountry adoption right. These Conventions require countries to strengthen the administrative and judicial cooperation, encourage to conduct adoptions in a way from agency to agency, adhere to the subordination of intercountry adoption, implement the automatic recognition system, show great concern in the economic problems of intercountry adoption, forbidden the pursuit of economic interests in intercountry adoption. To ensure that children are not separated from their parents illegally as well as banning the cross-border trafficking. Besides, there are other relevant auxiliary measures, such as providing technical support in adoption. In domestic, the countries need to restrict the regulations in various stages of intercountry adoption and strict the intercountry adoption procedures from the perspective of their own countries’ adoption laws. Before the adoption, a qualification examination is needed to examine critically the condition of the adoptee and the adoptive parents, asking for true consent. During the process of adoption, it needs to standardize the processes, strictly adhere to the procedures, no fraud. After the adoption, it requires to strengthen the tracking supervision, not allowing to use the intercountry adoption right to gain economic benefits. In China, the authorities has adopted a series of laws and regulations to prevent the abuse of intercountry adoption right, but there still exists some deficiencies. Finally, proposing some suggestions on preventing the abuse of intercountry adoption right.