Best Interests of the Child in Intercountry Adoption

There is universal agreement, embedded in international human rights law, that the best interests of the child should be a primary consideration in any decisions made about a child’s future. In the case of adoption, which represents one of the most far-reaching and definitive decisions that could be made about the future of any child – the selection of their parents – international law qualifies the best interests of the child as the paramount consideration. This study therefore responds to one key question: what is it that enables a policy, process, decision or practice to be qualified as either respectful or in violation of the best interests of the child in intercountry adoption?