WRITTEN QUESTION E-3398/98

by Guido Podestà (PPE) to the Commission

(17 November 1998)

Subject: Adoption of minors

While I am well aware that legislation on the adoption and fostering of minors is not within the remit of the Commission, I believe that it is nonetheless legitimate to wonder how it might be possible for the Union to intervene decisively against the abuse of power to which minors are subject, even within the Union itself, in connection with adoption or fostering, especially at international level and when their countries of origin are in an unstable state. It is only right to recall what has happened over the past 15 years in Romania, where the large number of children adopted by citizens of Member States has seriously threatened the cycle of generations in that country, and only physically and/or mentally handicapped children have not been adopted.

Given that much legislation in the Member States in this field is based on the Council of Europe's 1993 Convention on the Protection of Children, in which Member States are invited to cooperate closely on international adoption, and recalling the European Parliament's 1996 motion for a resolution calling on the Council and the Commission to step up their activity in the legal and social sphere with regard to adoption matters, while complying with the international law applicable, in the course of cooperation with the associated States:

1. Does the Commission not consider that, where international adoption, as a peculiar form of free movement of persons, is concerned, genuine harmonisation of the Member States' legislation is urgently required?

2. Does it not consider that this matter should be tackled from the point of view of legal procedures, so as to prevent adoption, in the absence of a system of rigorous yet transparent and simple safeguards, degenerating into abuse of power or red tape and taking on the characteristics of a trade in the vulnerable, namely children?

3. Does it not consider that such a new system of harmonised legislation must nonetheless be prevented from becoming a further bureaucratic obstacle to adoption, but must instead ensure minors both protection and the possibility of a new and tranquil family life?

Answer given by Mrs Gradin on behalf of the Commission

(7 January 1999)

The Commission shares the concern of the Honourable Member about the protection of children from third countries in cases of fostering or international adoption.

The 1993 Hague Convention on intercountry adoptions provides a framework for international co-operation. It governs contacts between authorities in the country of origin and the recipient country and deals with questions affecting the recognition of adoption decisions. The Convention gives pride of place to the rights and interests of the child. The Commission believes that the signing and ratification of the Convention by all Member States would constitute a substantial improvement of the legal framework for international adoptions. So far, eight Member States have signed the Convention. However only Denmark, Spain and Finland have ratified it. It should be noted that many of the countries of origin have already signed and ratified the Convention.

Furthermore, the Convention(1) on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters, when ratified, will contribute substantially to the rapid completion of adoption processes within the Community.

The Commission has no intention of pursuing a harmonisation of Member States' legislation in this field in the near future as there already exist international instruments dealing with the matter.

(1) OJ C 261, 27.8.1997.