INTERCOUNTRY ADOPTION: LOSS OF IDENTITY OF A CHILD?

Abstract

Intercountry adoption is regarded as one means of child care in themodem time. As it involves physical displacement across borders,' it impliesnot only the total and definitive rupture of the relationship of the adoptedchild with his or her biological parents, but also transfer of the adopted childto a country with completely different culture and a complete change inidentity of the adopted child almost always without his or her consent. Thus,some critics on intercountry adoption emphasise on the effect of intercountryadoption on the right of the child to culture. They say that intercountryadoption results in 'the loss of a child's cultural heritage' and consequently'leads to the loss of the child's identity.'2 As a result, they tend to reject theinstitution of intercountry adoption. In this work, the writer argues that, first,intercountry adoption can be regarded as one acceptable means of alternativecare to children without losing sight of its effect on their cultural right. Second,the legal regime governing intercountry adoption at the international levelincludes safeguards that protect cultural rights of children during intercountryadoption and hence it is possible to balance the right with other rights of thechild.