The 1993 Hague Convention is the principal international law instrument regulating intercountry adoption around the principle of the child's best interests. This article examines the fundamental principles of the Convention, Türkiye's party status, the role of the Ministry of Family and Social Services, the accreditation system, and the principal practical challenges encountered.
Intercountry adoption refers to a sensitive legal process involving the adoption of a child by persons residing in different countries, requiring the balancing of the child's best interests with the responsibilities of family and state. The Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption is the principal instrument regulating this process at the international level and aims to prevent child trafficking and other abuses.
1. Objectives and Fundamental Principles of the Convention
The 1993 Hague Convention is structured to achieve three fundamental objectives: to ensure that intercountry adoptions take place with respect for the child's best interests and fundamental rights; to establish a system of cooperation between Contracting States to prevent the abduction, sale, or trafficking of children; and to secure the recognition in Contracting States of adoptions made in accordance with the Convention. The "subsidiarity principle," which lies at the heart of the Convention, requires that consideration first be given to keeping the child in their own family or in an appropriate family within their own country, and that intercountry adoption be resorted to only as a measure of last resort.
2. Central Authority System and Cooperation
The Convention requires each Contracting State to designate a Central Authority. Central Authorities serve as bridges between states in intercountry adoption processes and are responsible for evaluating applications, preparing reports, appropriately matching children with families, and maintaining cooperation throughout the process. The Convention also permits accredited bodies to undertake certain functions but requires that such bodies meet ethical standards, financial transparency requirements, and have qualified personnel.
3. Eligibility of the Child and the Family
Under the Convention, both the child's eligibility for intercountry adoption and the suitability of the prospective adoptive family are subject to rigorous examination. The competent authorities of the State of origin must establish that the child is adoptable, that consideration has been given to the child's current situation, that intercountry adoption is in the child's best interests, and that the necessary consents have been obtained. The competent authorities of the receiving State must establish that the prospective adoptive parents are eligible and suited to adopt, that appropriate counselling has been provided, and that the child will be authorised to enter and reside permanently in that State.
4. Türkiye's Party Status and Legal Framework
Türkiye has been a party to the 1993 Hague Convention since 1 September 2004. The application of the Convention in Türkiye is coordinated by the Ministry of Family and Social Services, and is regulated under domestic law by Articles 305-320 of the Turkish Civil Code (Law No. 4721), the "Regulation on the Conduct of Intermediary Activities in the Adoption of Minors," and related implementing regulations. Türkiye applies the Convention both as a State of origin and as a receiving State.
5. The Role of the Ministry of Family and Social Services
The Ministry of Family and Social Services (ASHB) serves as Türkiye's Central Authority under the 1993 Hague Convention. ASHB's duties and powers include evaluating intercountry adoption applications, preparing reports on the eligibility of the child and the family, ensuring communication with Central Authorities of other Contracting States, supervising accredited bodies, and coordinating post-adoption follow-up. ASHB's practices play a determining role in giving concrete effect to the principle of the child's best interests.
6. Practical Challenges and Critiques
The principal challenges encountered in intercountry adoption practice include the length of process timelines, the inadequacy of accredited bodies, the inability to conduct effective post-adoption follow-up, difficulties in accessing information about the child's origin, and challenges in the recognition of different types of adoption across legal systems. Specific to Türkiye, there is a need for a more systematic approach to family-finding processes, particularly for children with special needs and children in older age groups.
7. Conclusion and Assessment
The 1993 Hague Convention has established an important international standard in the field of child protection in intercountry adoption. Türkiye's accession to the Convention has brought practice in this area closer to international standards, although significant challenges remain in practical application. It is of paramount importance for prospective adoptive families to obtain expert legal advice at every stage of the process — from application to recognition and enforcement — for the protection of both the child's best interests and the family's rights. For advisory services on intercountry adoption and family law, please contact us at info@guzeloglu.legal.