HCCH continues its work on protecting children in cross-border matters, with direct relevance to the child’s right to identity

The Council on General Affairs and Policy (CGAP) has approved a number of initiatives that will contribute to the better preservation and restoration of the child’s right to identity. The Toolkit to Prevent and Address Illicit Practices in Intercountry Adoption was adopted, including factsheets on misrepresentation of identity and Preservation of, or Unlawful Denial of Access to, Information regarding Origins. The Model Procedure to respond to illicit practices will also be helpful for facilitating the speedy re-establishment of identities of adoptees, noting their scope of applicability to past practices. Into the future, CGAP has mandated the establishment of a Working Group on Financial Aspects in Intercountry Adoptions (ICA). Child Identity Protection (CHIP) believes this work is essential for ensuring that children’s identities are not unduly modified, nor are they sold through ICAs.

In addition to the work related to the 1993 Adoption Convention, the CGAP  mandated the establishment of a Working Group on Private International Law matters related to legal parentage generally, including those resulting from an international surrogacy arrangement. It is important to note that the aim of the working group would be to develop a new instrument that provides for greater certainty in legal parentage, taking into account all human rights including those in the CRC. CHIP hopes that any future instrument will ensure that all children’s rights will be given equal and adequate attention such as the right to identity, non-discrimination and not to be sold.

CHIP stands ready to support the important work of the HCCH, by advocating for the identity rights of all children affected by cross-border considerations.

Source : https://www.hcch.net/en/news-archive/details/?varevent=906