Publication of the HCCH Toolkit on Preventing and Addressing Illicit Practices in Intercountry Adoption
The Toolkit, which is a key resource for all Central Adoption Authorities and other actors in responding to potential past practices and in preventing any illicit practice, is comprised of the following four parts: fact sheets on illicit practices; a checklist to assist decision-making by Central Authorities; a Model Procedure to respond to suspected and actual cases of illicit practices; and Guidelines on enhancing cooperation and coordination to prevent and address illicit practices, including patterns.
This material was developed by the Hague Conference on Private International Law, with the support and cooperation of the Working Group on Preventing and Addressing Illicit Practices in Intercountry Adoption and Members and Central Authorities. In the framework of last year’s Special Commission on the operation of the 1993 Convention on Intercountry Adoption, Child Identity Protection (CHIP) also offered some inputs in relation to the strengthening of the adoptees’ right to identity in these circumstances, including on the impact of erroneous information about the child’s origins, the States’ obligation to promptly restore any missing or falsified information about a child’s identity, the prevention of loss of identity and statelessness and independent investigations in potential cases of illicit practices.
Thus, CHIP welcomes this comprehensive toolkit and the fact that some factsheets – in particular, Factsheets No. 4 on misrepresentation of identity, No. 5 on forgery and falsification of documents and No. 11 on preservation of, or unlawful denial of access to, information regarding origins – specifically address children’s rights to identity in the context of adoption. Likewise, the checklist provided as part of the toolkit as well as the model procedure address the need to verify the adopted child’s identity. All these will undoutedly contribute to better recognising and responding to past practices – including those prior to the entry into force of the 1993 Convention – as well as to further preventing such events in the future, including by focusing on the preservation, prevention of falsification and restoration of adoptees’ identities.
See: HCCH (2023). Toolkit for Preventing and Addressing Illicit Practices in Intercountry Adoption. Available in English and French at: https://www.hcch.net/en/publications-and-studies/details4/?pid=8530&dtid=3%20%26%2365533%3B%26%2365533%3B.
