In accordance with the Convention on the Rights of the Child, signed and ratified in 1990, international adoption can be applied “if the child cannot be transferred to a foster or placed in a family that could provide his foster placement or adoption, and if in any suitable manner care in the child’s country of origin is impossible.” This Convention notes that member states must ensure “that in the case of adoption of a child in another country provide the same guarantees and standards which apply to domestic adoptions.”
In 29 May 1993, the Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption of was signed. In the development of the Convention on the Rights of the Child in it formulated important general requirements for international adoption, to uphold the rights of all stakeholders, and especially the child, and defines the general rules of interaction of the states concerned.
European Convention on the Adoption of Children was signed in 1967. In 2008, the Convention was revised. In particular, mandating the consent of the child for adoption, if it is of sufficiently conscious age (the minimum age at which to obtain the consent of a child for adoption is established by States members under the Convention in national legislation, but cannot exceed 14 years). In addition, the Convention recognizes the right to adoption for heterosexual couples in a registered civil partnership, as well as single persons. Convention also leaves it to the states the right to authorize the adoption of same-sex couples living together and having a stable relationship. According to paragraph 1 of Art. 9 age of adopters set between 18 and 30 years, and the preferred age difference must be at least 16 years. Specific minimum age of adopters States members of the Convention enshrines in its national legislation, taking into account the above prescription.
As a rule citizens of a country have priority over foreign adoptive parents. The adoptions by foreign nationals shall be allowed only in cases where it is not possible to transfer these children to grow up in a family of citizens residing in the territory of the country. The children can be transferred to an international adoption only after six months from the date of receipt of the information on such children to the native country database of orphans and there will be no adoptive parents or foster parents among citizens of the country who will adopt the child.
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