Adoption: Cross-Border Legal Issues

25-11-2015

This collection of briefings was prepared in view of a joint JURI-PETI Workshop organised by the Policy Department on 1 December 2015, to address legal issues related to cross-border adoptions in the EU. Presented in a first session dedicated to "Citizens' concerns and petitions on adoption cross-border legal issues in the EU", the two first papers deal with "Child protection: tensions created by the diversity of the domestic laws of EU Member States" and "The view of Ombudsmen for Children from the perspective of the Polish, European and international law". The four other briefings provided background reflections to the second session, focussed on legal issues around "Cross-border recognition of adoptions". They first approached issues of recognition in a general way ("Conflicts and Coordination of Family statuses: Towards their recognition within the EU?"), turned to the "Recognition of intercountry adoptions - practical operation of the 1993 Hague Convention", further looked into limitations of the current EU legal framework and their consequences on free movement of citizens ("Cross-border recognition of domestic adoptions - obstacles to free movement") and finally examined issues around the recognition in the EU of adoptions made under non-EU legal systems ("Recognising child protection measures in the Middle Eastern legal systems as equivalents to adoption - a fresh look on Magrhebian kafala, Iranian sarparasti and Iraqi damm").

This collection of briefings was prepared in view of a joint JURI-PETI Workshop organised by the Policy Department on 1 December 2015, to address legal issues related to cross-border adoptions in the EU. Presented in a first session dedicated to "Citizens' concerns and petitions on adoption cross-border legal issues in the EU", the two first papers deal with "Child protection: tensions created by the diversity of the domestic laws of EU Member States" and "The view of Ombudsmen for Children from the perspective of the Polish, European and international law". The four other briefings provided background reflections to the second session, focussed on legal issues around "Cross-border recognition of adoptions". They first approached issues of recognition in a general way ("Conflicts and Coordination of Family statuses: Towards their recognition within the EU?"), turned to the "Recognition of intercountry adoptions - practical operation of the 1993 Hague Convention", further looked into limitations of the current EU legal framework and their consequences on free movement of citizens ("Cross-border recognition of domestic adoptions - obstacles to free movement") and finally examined issues around the recognition in the EU of adoptions made under non-EU legal systems ("Recognising child protection measures in the Middle Eastern legal systems as equivalents to adoption - a fresh look on Magrhebian kafala, Iranian sarparasti and Iraqi damm").