Article 21
States Parties that recognize
and/or permit the system of adoption shall ensure that the best interests
of the child shall be the paramount consideration and they shall:
(a) Ensure that the adoption
of a child is authorized only by competent authorities who determine, in
accordance with applicable law and procedures and on the basis of all pertinent
and reliable information, that the adoption is permissible in view of the
child's status concerning parents, relatives and legal guardians and that,
if required, the persons concerned have given their informed consent to
the adoption on the basis of such counselling as may be necessary;
(b) Recognize that inter-country
adoption may be considered as an alternative means of child's care, if
the child cannot be placed in a foster or an adoptive family or cannot
in any suitable manner be cared for in the child's country of origin;
(c) Ensure that the child
concerned by intercountry adoption enjoys safeguards and standards equivalent
to those existing in the case of national adoption;
(d) Take all appropriate
measures to ensure that, in intercountry adoption, the placement does not
result in improper financial gain for those involved in it;
(e) Promote, where appropriate,
the objectives of the present article by concluding bilateral or multilateral
arrangements or agreements, and endeavour, within this framework, to ensure
that the placement of the child in another country is carried out by competent
authorities or organs.
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