“Principle Of Child's Best Interest ” In Legal Application Of Foreign Adoption

After World War II, a large number of children became destitute and homeless since they had lost their parents and families, which aroused wide attention from people all over the world. Therefore, foreign adoption has become more and more popular among international communities, under such circumstances, communications among different countries have become more frequent. Moreover, organizations, institutions as well as personal enterprises have been prosperously developing. Although different countries have formulated relevant laws for foreign adoption in accordance with their national conditions, those laws are quite different because of different national conditions, which results in many legal conflicts. In order to avoid and reduce legal conflicts among countries, international community has begun to formulated various documents, and in this way, foreign adoption among contracting parties have become more convenient and better controlled. With increasing emphasis on children protection, international documents have paid more attention to the protection of child's interests. For example, Geneva Declaration of Child's Rights issued in 1924 required people to provide special protect for children; the second principle of Declaration of Child's Rights established in 1959 also states the necessity to give children with special protection, and it is important to take child's best interest into account when implementing these special protection; in 1989, Convention on Child's Rights stipulated that child's best interest should be regarded as the highest priority when dealing with child's affairs. Convention on Children Protection & Cooperation in Inter-country Adoption issued in 1993 specified that the principle of protecting child's interest should be applied to the legal behavior of foreign adoption. This Convention places much emphasis on child's best interest in the field of foreign adoption, which reflects the development trend of modernization that contracting parties need to establish related mechanism and strengthen their cooperation as well as consider and protect child's best interest. Nowadays, the protection of child's rights has received great attention, so it is an important topic to discuss "principle of child's best interest" in foreign adoption system.This article analysis the foreign adoption system with the protection of child's interestsfrom the perspective of”the principle of child's best interest”, Not only using literature analysis method to learn from the literature books about "principle of child's best interest " and foreign-related adoption system,define the relevant concepts of epitaxial connotations.but alsousing comparison analysis from current relevant foreign adoption of international,analysis the substantive law and conflict of lawof foreign-related adoption, found reasonable legal system to perfect our system of foreign adoption. This article is divided into four parts.The first part explains the theory of foreign-related adoption system and the legal basis of “principle of child's best interest”. The second partexplains reflection of the “principle of best interests of children ”on the perspective of the substantive law in adoption. The third part analysis the countries of conflict of lawin the international community and analysis which applicable law is more close to the principle ofchild's best interest.The fourth part firstly analyzes the present situation of our adoption system and insufficient, then put out relevant suggestions and comments.finally put forward according to the principle of child's best interests to perfect our adoption system, puts forward the value of the child's best interest principle to guide and create a two-way adoption system, expanding the scope of the adoption, clear language conflict rules, increasing the link points.At present the substantive law of adoption in our country is relatively single,the scoping of parties of adoption is also relatively narrow, in the conflict law also have some problems,such as the choice of word point to the unknown and the connecting points too single.According to the above insufficient, this article pointed out and suggest that our country should be clear in the terms of foreign-related adoption, and guide by "the principle of child's best interest".In the aspect of substantive law,should establish a two-way adoption system, expanding the scope of the adoption of the parties.in the aspect of conflict rules,should clear the language of conflict rules, increasing the link points and use the "principle of child's best interests " as the method of choosing that link points,etc.