Adoption of russian children by foreign citizens: some problems concerning the implementation of norms of international law

Eugene S. Anichkin, Kseniya E. Kovalenko, Anton A. Vasiliev

Resumo


The issues of intercountry adoption are a matter of discussion for all world community in view of the fact that it is practically impossible to ensure proper regulation of all aspects of the adoption procedure and, moreover, it is possible to encounter various conflicting rules for the regulation of the adoption  procedure between the  State of child origin and the receiving State. The article outlines the prospects for ratifying the Hague Convention on Protection of Children and Cooperation in the Field of Intercountry Adoption of 29 May 1993 and the European Convention on the Adoption of Children (revised) of 27 November 2008. Adoption procedure should be in the best interest of the child in relation to his fundamental rights. The tension in the sphere of adoption of children left without parental care by US citizens is given proper consideration. Compliance with international norms and rules is reflected in the "Dima Yakovlev Law" which is difficult to recognize as effective in its capacity to ensure the rights and interests of children. It was revealed that the implementation of the above-mentioned international acts in the Russian legal space will bring positive results due to a significant simplification of the procedure for reviewing and resolving cases on the adoption establishment.

Palavras-chave


Intercountry adoption; International acts; Implementation; Conflict-of-laws rules; Barriers to unification;

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DOI: http://dx.doi.org/10.18468/estcien.2018v8n3.p25-36

Direitos autorais 2019 Estação Científica (UNIFAP)

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Este obra está licenciado com uma Licença Creative Commons Atribuição 4.0 Internacional.