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Protection for adopted children from overseas
10/06/2002
Draft guidance and regulations to create a system of
co-operation between countries to prevent the abduction of,
sale of, or traffic in children, were published today for
consultation.
The Regulations will implement the Adoption
(Intercountry Aspects) Act 1999 and, along with
corresponding legislation in England and Wales and Northern
Ireland, allow the UK to ratify the Hague Convention on the
Protection of Children in respect of Intercountry
Adoption.
Minister for Education and Youth People Cathy Jamieson
said:
"The Hague Convention aims to establish safeguards to
protect the best interests of the child and put in place a
system of co-operation between countries to prevent
abduction of, sale of, or traffic in children. It provides
standards for adoption and mutual recognition of adoption
orders between contracting states and will help protect the
rights of vulnerable children.
"It is important that the Hague Convention is
implemented not just in Scotland but throughout the UK. I
urge anyone who has an interest in the protection of
children to take this opportunity to give their views on
the draft guidance. Ratification will help protect the
rights of vulnerable children from other countries who
could otherwise be exploited."
The Hague Convention on the Protection of Children in
respect of Intercountry Adoption was opened for signature
in 1993 and has so far been ratified/ acceded to by 47
countries and signed by a further 12. A full list is at
Page 67 of the document.
Scotland also recognises adoptions made in countries on
a Designated List (see Page 69). This list would be
reviewed under provisions of the Adoption and Children Bill
currently being considered by the Westminster
Parliament.
Since 1999, 54 children have been adopted from overseas
in Scotland, of which 3 came from countries that had
ratified the Hague Convention and 33 from countries on the
Designated List.
The consultation document outlines the way the new
system will work, provides draft guidance and draft
Regulations for consideration, includes the full text of
the Convention and seeks comments on a range of issues.
Under these new arrangements, the Scottish Executive
will act as a Central Authority for all adoptions under the
Convention in Scotland, which means that Scottish Ministers
will certify that prospective adopters are suitable to
adopt. This is currently done by the Secretary of State for
Health.
The consultation document also provides guidance for
adoption from countries that have not ratified the Hague
Convention. The UK Government will remain the handling
authority for these adoptions but we are reviewing aspects
of the system with the UK Department of Health and the
Foreign and Commonwealth Office with a view to Scottish
Ministers assuming more of this role.
The Scottish Executive has invited key agencies and
professionals who would have to deliver the service and
advise prospective adopters to respond to the consultation
exercise, including representatives from the British
Association of Adoption and Fostering (BAAF), the
Association of Directors of Social Work (ADSW), the
Scottish Adoption Association, the Law Society, local
authorities and adopters who have previously used the
service.
The closing date for comments is
Tuesday 6 August.
The Scottish Executive intends to finalise and lay the
Regulations and guidance in the Scottish Parliament by
September 2002, with ratification of the Hague Convention
planned early in 2003.