01-16-2010, 03:47 PM
INTERNATIONAL ADOPTION ACT
Category: Moral Decency
Strength: Mild
Proposed By: Greater Sanctum
The World Assembly,
RECOGNISING every child?s right to the provision of adequate care, nourishment, clothing, shelter and protection from abuse, and to be provided with adequate education and medical care.
UNDERSTANDING that international adoption may be a child?s only chance at achieving those rights.
REALISING that some parties may abuse the system of international adoption by kidnapping, selling or trafficking children, or adopting children with the intent to abuse them.
CONVINCED that to prevent this, every Member State must create an accredited Authority to handle the international adoption process in their nation.
ACKNOWLEDGING that in the interests of cultural preservation the child has a right to knowledge of his or her Country of Origin (CoO) and the cultures contained therein.
REQUIRING all records of international adoption be preserved, and that a child adopted as the result of international adoption has the right to acquire a full copy of the records pertaining to his/her adoption.
DECLARING that a child adopted as the result of an international adoption has, when reaching the age of majority as determined by law in both his/her CoO and nation of residence, the right to return to his or her CoO if he/she so wishes. Both Member States must be satisfied that the adoptee has reached all the minimum requirements for emigration.
DEFINING:
- INTERNATIONAL ADOPTION: the process in which a child from one Member State is adopted by prospective parents from another Member State.
- ACCREDITED AUTHORITY: an agency created by a Member State to handle all international adoptions in that nation and ensure they adhere to the terms of the resolution.
MANDATING:
(1) Member States shall ensure that no party involved and deemed legally capable of making informed decisions has been coerced into participating in the process of international adoption.
(2) Member States shall take appropriate measures to ensure that no adoption is made with intent to commit a criminal offence.
(3) The receiving Member State shall ensure that the child meets all the minimum requirements for adoption, as determined by law in that country.
(4) Member States shall ensure that no party involved in the adoption has received financial or compensatory incentive to pursue the adoption, with the exception of legitimate fees resulting from the process.
(5) Both Member States shall ensure that all responsible parties involved are deemed legally competent adults under both nations? laws to proceed with the adoption.
(6) Member States shall ensure that all parties involved in the adoption understand (with the exception of infants and small children not yet at an age of understanding) what the process will entail, and that all parties involved expressly give their consent to the adoption in writing.
(7) Member States shall create an accredited authority to oversee all international adoptions taking place in that nation. This accredited authority may be created as a new agency or added on to an existing department of government. Member States having more than one system of law, such as Federal States or States having autonomous territorial units, may delegate this authority to the governments of these subdivisions.
(8) Nationality of the receiving Member State must be granted to the child (if they meet all the requirements), as to ensure that he/she receives all the protections and comforts of a regular national.
[ooc: This is the current version re-submitted as a draft by my new nation]
Category: Moral Decency
Strength: Mild
Proposed By: Greater Sanctum
The World Assembly,
RECOGNISING every child?s right to the provision of adequate care, nourishment, clothing, shelter and protection from abuse, and to be provided with adequate education and medical care.
UNDERSTANDING that international adoption may be a child?s only chance at achieving those rights.
REALISING that some parties may abuse the system of international adoption by kidnapping, selling or trafficking children, or adopting children with the intent to abuse them.
CONVINCED that to prevent this, every Member State must create an accredited Authority to handle the international adoption process in their nation.
ACKNOWLEDGING that in the interests of cultural preservation the child has a right to knowledge of his or her Country of Origin (CoO) and the cultures contained therein.
REQUIRING all records of international adoption be preserved, and that a child adopted as the result of international adoption has the right to acquire a full copy of the records pertaining to his/her adoption.
DECLARING that a child adopted as the result of an international adoption has, when reaching the age of majority as determined by law in both his/her CoO and nation of residence, the right to return to his or her CoO if he/she so wishes. Both Member States must be satisfied that the adoptee has reached all the minimum requirements for emigration.
DEFINING:
- INTERNATIONAL ADOPTION: the process in which a child from one Member State is adopted by prospective parents from another Member State.
- ACCREDITED AUTHORITY: an agency created by a Member State to handle all international adoptions in that nation and ensure they adhere to the terms of the resolution.
MANDATING:
(1) Member States shall ensure that no party involved and deemed legally capable of making informed decisions has been coerced into participating in the process of international adoption.
(2) Member States shall take appropriate measures to ensure that no adoption is made with intent to commit a criminal offence.
(3) The receiving Member State shall ensure that the child meets all the minimum requirements for adoption, as determined by law in that country.
(4) Member States shall ensure that no party involved in the adoption has received financial or compensatory incentive to pursue the adoption, with the exception of legitimate fees resulting from the process.
(5) Both Member States shall ensure that all responsible parties involved are deemed legally competent adults under both nations? laws to proceed with the adoption.
(6) Member States shall ensure that all parties involved in the adoption understand (with the exception of infants and small children not yet at an age of understanding) what the process will entail, and that all parties involved expressly give their consent to the adoption in writing.
(7) Member States shall create an accredited authority to oversee all international adoptions taking place in that nation. This accredited authority may be created as a new agency or added on to an existing department of government. Member States having more than one system of law, such as Federal States or States having autonomous territorial units, may delegate this authority to the governments of these subdivisions.
(8) Nationality of the receiving Member State must be granted to the child (if they meet all the requirements), as to ensure that he/she receives all the protections and comforts of a regular national.
[ooc: This is the current version re-submitted as a draft by my new nation]
