This is the pre-peer-reviewed version of the article “International Adoption, The Human Rights Position,” published in final form in Global Policy, Issue 1, January, 2010.
International adoption is under siege, with the number of children placed dropping each of the last several years, and many countries imposing severe new restrictions. Key forces mounting the attack claim the child human rights mantle, arguing that such adoption denies heritage rights, and often involves abusive practices. Many nations assert rights to hold onto the children born within their borders, and others support these demands citing subsidiarity principles. But children’s most basic human rights, at the heart of the true meaning of subsidiarity, are to grow up in the families that will often be found only in international adoption. These rights should trump any conflicting state sovereignty claims.
Date of Authorship for this Version
adoption, human rights, children, child welfare
Bartholet, Elizabeth, "International Adoption: The Human Rights Position" (2009). Harvard Law School Faculty Scholarship Series. Paper 28.