ABSTRACT

This chapter analyzes the current policy challenges facing the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction and the Hague Convention of 29 May 1993 on the Protection of Children and Co-operation in Respect of Intercountry Adoption. It highlights the need for international conventions to constantly adapt and improve to meet the realities of international child abduction and intercountry adoption. The chapter considers international commercial surrogacy as a potential replacement for intercountry adoption and the possible creation of a new private international law instrument designed to address the current parentage issues raised by commercial surrogacy. A court can currently refuse to order the return of a child if that child objects to being returned.