Attributes of Article 21

Data is collected and disaggregated by prohibited grounds for discrimination including age, sex, ethnicity, disability, when applicable

Authorisation and regulation

Permissibility of adoption

Safeguards for inter-country adoption

Structural

Indicators

as an indication of commitment to take action, refers to the existence of institutions and policies and laws aligned with the international child rights laws and for the realisation of children’s rights

1. State has ratified the Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Pornography, 2002.

2. Where adoption is permitted, it is regulated by legislation which:

2.1 Mandates its authorisation by competent authorities

2.2 Is underpinned throughout by the principle of the paramountcy of the best interests of the child

2.3 Prohibits any discrimination as to which children are eligible for adoption

2.4 Prohibits discrimination in relation to particular racial or social groups of potential adoptive parents or children

2.5 Requires mechanisms for review, monitoring and follow up

2.6 Requires that adoptions can only be carried out by staff with appropriate pre- and in-service training

2.7  Provides opportunities for children to trace their origins

3. Adoption legislation guarantees the following:

3.1 Adoptions are only permitted for children whose parents are either unwilling or unable to care for their children

3.2 Inter-country adoption can only be considered where appropriate care for the child is not possible within the country

3.3 An age limit is in place below the age of 18 years when a child can consent to or refuse an adoption

4. State has ratified the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption, 1993.

5. Adoption legislation provides standards and safeguards for children in inter-country adoption that are compliant with the principle of subsidiarity as in UN Guidelines for the Alternative Care of Child and Hague Convention, 1993.

6. Legislation prohibits and criminalises trafficking in children as an extraditable offence, and prohibits improper financial gain or inducement for adoption.

Process

Indicators

refers generally to efforts made and actions taken, following on from commitment, and thus to specific activities, resources and/or initiatives in pursuit of rights’ realisation.

7. Percentage of senior management and staff/carers working in adoption with minimum qualifications in childcare and development and adoption law. (Indicator adapted from Better Care Network & UNICEF)

8. Rate of adoption per 100,000 population. (Indicator adapted from Better Care Network & UNICEF)

9. Existence of mechanisms for formal complaints that allow adopted children to safely report abuse and exploitation. (Indicator adapted from Better Care Network & UNICEF)

10. Percentage of adoptions carried out by authorized competent bodies.

11. Existence of mechanisms to ensure appropriate parental consent to adoption.

12. Existence of accessible, safe mechanisms to ensure that children are able to give informed consent to adoption.

13. Percentage of inter-country adoptions as a proportion of all adoptions disaggregated by sex, age and disability.

Outcome

Indicators

refers to a measurable resultant change either in the “rights environment” or directly in lives of children.

14. Percentage of adoptions that fail or are disrupted, per year.

15. Percentage of adoptive parents expressing satisfaction with the adoption process.

16. Percentage of adopted children expressing satisfaction with the adoption process.

17. Number of prosecutions for trafficking and improper financial inducement in inter-country adoptions. (Art 35)