The role of accredited adoption agencies in safeguarding the best interest of the child

Abstract

International instruments such as the United Nations Convention on the Rights of the Child and the Hague Conference Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (the Hague Convention on Intercountry Adoption) acknowledge that a child should grow up in an environment where “happiness, love and understanding” prevail. Intercountry adoption, although viewed as a last resort, may be the means by which a child attains what s/he deserves. It is thus paramount that safeguards are integrated into the legal framework governing such a process. This term paper firstly seeks to identify these safeguards by understanding the relationship between the Central Authority and the accredited adoption agencies as established by the Hague Convention on Intercountry Adoption. Moreover, the second Guide to this Convention facilitates a more effective implementation of the Convention, specifically through the establishment of the seven principles of accreditation. An analysis of these seven principles, in conjunction with the requirements set out by Maltese legislation and by important documents released by the Maltese Central Authority, illuminates the responsibilities of the accredited adoption agencies in relation to the Central Authority, as well as the potential adoptive parents, and most importantly, to the adoptable child. The conclusion seeks to identify areas of the adoption process in Malta that would benefit from improvements, while also identifying possible future areas of research that could delve deeper into the topic of accredited adoption agencies’ roles in safeguarding the best interest of the child.