Year: 2004
Type: article
Abstract: LIVE OR LET DIE receiving countries.8 Because it is difficult to obtain accurate information from many sending and receiving countries, 9 this comment focuses on the United States as a receiving country.The U.S. Department of State has, for many years, published and updated statistics regarding orphaned children entering the U.S., categorized by state of origin, on its website.1 0 Availability and accuracy of statistics make it inherently easier to evaluate the practice of intercountry adoption from the perspective of U.S. prospective parents.Several issues present themselves for comment: What does "best interests of the child" mean?Who has the responsibility for defining best interests for the disenfranchised children of the world?What laws 1 ' and instruments 12 govern and ensure that those interests are realized?How have a variety of sending countries traditionally handled intercountry adoption of their native children?Has intercountry adoption been a positive way to promote the rights and best interests of orphaned children?First, the comment looks at the meaning of "best interests of the child," explores the motivation for intercountry adoption, and questions whether the practice actually promotes the best interests of the world's children.Next, Part II of the comment traces the evolution of international law 13 regarding children's rights.The comment looks at the 8. Peter Selman, The Movement of Children for Intercountry Adoption: A Demographic Perspective 3, Poster Presentation (P27.5)under session S27-International Migration-Macro At XXIVth IUSSP General Population Conference, Salvador, Bahia, Brazil, 18-24 Aug. 2001, http://www.iussp.org/Brazil200l/s20/S27P05_Selman.pdf.9. Sending countries are those whose children are being adopted.Receiving countries are thosecwhere the children are adopted.10.See Immigrant Visas Issued to Orphans Coming to the U.S., U.S. State Dept., available at http://travel.state.gov/orphannumbers.html(last visited Feb. 19, 2004) [hereinafter Immigrant Visa Statistics].11. Skepticism about international law comes from the way it is made, interpreted, and enforced.There is no international legislature, no executive to enforce laws that are made, and no centralized court to interpret
Source: bepress Legal Repository
Author: Linda J. Olsen
Language: English
Topic: Child Welfare and Adoption
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2689551011