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Can The Center Hold? The Vulnerabilities Of The Official Legal Regimen For Intercountry Adoption, David M. Smolin
Can The Center Hold? The Vulnerabilities Of The Official Legal Regimen For Intercountry Adoption, David M. Smolin
David M. Smolin
Amidst controversy, a legal regimen for intercountry adoption (ICA) has been developed over the past twenty-five years. The primary constituent parts are the 1989 UN-based Convention on the Rights of the Child (“CRC”) and the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Convention). Since the creation of those conventions, international and national legal efforts have focused on delineation and implementation of a set of standards based on their principles in the attempt to create a stable and reliable intercountry adoption system. This project of the creation of a stable and reliable intercountry …
Brian H. Stuy (With Foreward By David Smolin), Open Secret: Cash And Coercion In China's International Adoption Program, Brian H. Stuy
Brian H. Stuy (With Foreward By David Smolin), Open Secret: Cash And Coercion In China's International Adoption Program, Brian H. Stuy
David M. Smolin
Open Secret is a documentation and analysis of seriously abusive practices in China's intercountry adoption system. The article describes three kinds of abuses: baby-buying programs at Chinese orphanages, "confiscations" of children by population control officials, and "education" programs in which orphanages falsify the ages and family situation of teenagers in order to make them paper eligible for intercountry adoption. The article questions the effectiveness of the Hague legal regimen for intercountry adoption, particularly in the context of China. A brief foreward by David Smolin places Brian Stuy's extensively-researched article about adoptions from China in a broader context.
The Debate, David M. Smolin, Elizabeth Bartholet
The Debate, David M. Smolin, Elizabeth Bartholet
David M. Smolin
This chapter is taken from a forthcoming book on Intercountry Adoption, edited by Judith L. Gibbons and Karen Smith Robati and forthcoming in June of 2012. The chapter constitutes a debate between Professor Elizabeth Bartholet and Professor David Smolin. Each independently was given three questions to answer, and then one opportunity to respond to the other's answers to those three questions, all with strict space limitations. The debate illustrates some of the starkly different perspectives regarding the law, policies, and facts relevant to intercountry adoption.