ABSTRACT

Like other international human rights instruments of its time, the European Convention on Human Rights contains no specific references to adoption, either from an adult or a child perspective. The greatest number of challenges to the placement of a child for adoption are brought by the child's birth parents under Article 8. The Commission has found that the relationship between an adopted child and his/her adoptive parents is, in principle, of the same nature as the family relationship protected by Article 8. Adoption often takes place as a continuation of the process which aims to fulfil the child's need for long-term alternative care. International law on adoption highlights the fact that regulation of the adoption process at both domestic and inter-country levels is fundamental to protecting the interests and rights of the child. The founding of a family within the meaning of Article 12 incorporates the adoption of children, as well as their birth.