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Chapter Summary

Article 21 of the Convention on the Rights of the Child (CRC) makes reference to adoption in general in its first paragraph (sub-paragraph a), while sub-paragraphs b\), c), d) and e) are more specifically dedicated to intercountry adoption. The predominance of concerns related to intercountry adoption in Article 21 illustrates the fact that children's rights have to be protected in an intercountry adoption framework. However, intercountry adoption can not be considered separate from domestic adoption. The quantitative and qualitative development of the latter is indispensable in assuring respect for the subsidiarity of intercountry adoption. There are obvious links between Article 21 of the CRC and The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (THC-1993) and their fundamental principles are mirroring one another.

Keywords: Article 21; CRC; domestic adoption; intercountry adoption; THC-1993



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