Working document: key identity considerations for HCCH Special Commission on the practical operation of the 1993 Adoption Convention (Special Commission)

Child Identity Protection (CHIP) is an international NGO based in Geneva working to uphold the child’s right to identity and to know their origins (Arts. 7-8 CRC). CHIP is honoured to have the opportunity to participate as an observer at the Special Commission from 4 to 8 July 2022. CHIP would like to acknowledge and congratulate the entire team at the HCCH, in particular Laura Martinez-Mora and Capucine Page for their excellent preparation of documents, which has benefited from inputs by States and others. 

Intercountry adoptions (ICA) are at an important cross-road with a number of States imposing different restrictions, including moratoriums. There is an encouraging momentum of actors including States to provide more holistic post-adoption support, to give greater recognition to the voice of adoptees and to better respond to past illicit practices. Such trends are in part, due to the growing appreciation of the child’s right to identity as outlined in Arts. 7- 8 Convention on the Rights of the Child (CRC) in terms of State’s obligations to preserve and speedily re-establish missing or falsified identity elements. This Special Commission provides a unique opportunity to ensure that future practices are fully aligned with international standards, notably the CRC and 1993 Adoption Convention, with identity rights being central. 

CHIP broadly supports the multiple documents prepared for this SC and welcomes the systematic inclusion of identity rights. The purpose of this working document is to highlight some key identity considerations that are relevant to the multiple factsheets (FS), preliminary and information documents (PD and ID) prepared by the HCCH, given that CHIP fully appreciates that the online discussions will be led by States parties.

 

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