Post-adoption services

579. The Convention imposes an obligation on Central Authorities to promote counselling and post-adoption services.330 _{The nature and extent of these services is not specified, but}

States must take all appropriate measures to promote them. This should be interpreted as meaning that States must do everything within their powers and resources to carry out the obligation. In a practical sense, it is difficult to see how a Contracting State can promote these services without taking steps to also provide the services, or to ensure they are provided. The words of Article 9 c) were chosen carefully to ensure that the Central Authority had a responsibility to “take all appropriate measures to promote counselling and post- adoption services” but was not itself directly responsible for providing those services (some States would lack the resources and qualified staff to do so).

580. The Explanatory Report elaborates on the reasons for this provision in the Convention. The words on post-adoption services were added at the suggestion of some origin countries “because of the importance of post-adoption services to ensure the child’s adjustment into his or her new home or environment, and successful outcome of the adoption […] the Convention should promote the social and cultural protection of the adopted children, and make, through the Central Authorities, a conscious effort to see that they were not only protected, but also integrated into their new environment.”331

581. Receiving States in particular should make a serious commitment to ensuring that post-adoption services are provided in their States. The need for better post-adoption services for families who struggle with problems too difficult for them to manage without help from professionals has been frequently raised,332 _{in particular, when problems concern}

328 _{See Explanatory Report, supra,note 1,para. 521.}

329 _{See, for example, Bulgaria (Family Code Art. 67 a) (SG 63/2003)), which states that the Agency for Social Protection and}

the Ministry of Justice shall take the necessary organisation and technical measures to protect the personal data in the registers which they keep, in accordance with the requirements of the Law on Protection of Personal Data and the Law on Protection of Classified Information; Philippines (Inter-Country Adoption Act of 1995 (RA 8043), Art. II, Section 6j), which states that the Board shall take appropriate measures to ensure confidentiality of the records of the child, the natural parents and adoptive parents at all times.

330 _{Art. 9 c).}

331 _{See Explanatory Report, supra,note 1, para. 235.}

children whose lives were especially traumatic before the adoption. It has also been shown that providing a legal basis for the service, by itself, was ineffective in guaranteeing the service when insufficient importance was attached to the service and inadequate resources were allocated.333

582. It is evident that there needs to be a connection and a continuity between the pre- adoption preparation and the post-adoption support. In effect, the necessary support for the adoptive parents throughout the adoption process is justifiable when they may be considered, de facto, as central partners in the protection of children.

9.2.1 Counselling

583. The Convention recognises the importance of counselling for children as well as birth parents and adoptive parents. In Articles 4 and 5, counselling “as necessary” is mandatory as a pre-adoption requirement. In that context counselling is discussed further, in Chapter 6.1.3 (Voluntary relinquishment), Chapter 7.4.2 (Preparation of prospective adoptive parents) and Chapter 7.2.11 (Transfer of child to receiving State) of this Guide.

584. Counselling may also be necessary as a post-adoption service, to assist a child adjust to his or her new environment. Counselling may be especially important in situations where a child is having adjustment difficulties and the parents need help in coping with the situation. The importance of professional expertise in intercountry adoption counselling is emphasised. If resources or funds are put into post-adoption services including counselling, serious problems for the child may be prevented. Future savings in the costs, time and resources of professionals are also achieved by treating problems before they become serious.334

9.2.2 Links with country of origin

585. Post-adoption services should also include measures to assist adopted children preserve their cultural links with their country of origin, and assist adoptive parents to recognise the value and importance of such links for the child’s future development. These measures may include the promotion of cultural events about the country of origin and social events with other adoptive parent groups, as well as travel opportunities to the country of origin with other adoptive families. Where appropriate and permitted, there could be a sharing of information and contacts between the family of origin and the adoptive family. 586. Other services may include assistance to the older child in searching for and gaining access to information in the sending or receiving country, and advice on tracing family members in the country of origin. Chile has such a programme (see footnote 323).

9.2.3 Service providers

587. States may provide post-adoption services through social service personnel,335 _or

accredited bodies that also approve parents to adopt. Some States include this provision of

333 _{Reported at 2005 Special Commission by ChildONEurope, an institutional network of National Observatories on Childhood}

appointed by the national ministries of the Intergovernmental Group L’Europe de L’Enfance. Furthermore, in January 2006 ChildONEurope published a report on National and Intercountry Adoption based on a collection of statistics and comparative research survey on national and international adoptions in Europe. The survey examined the legislative basis for post adoption services, which countries provide the services, and who provided them. In September 2007 they published the “Guidelines on Post-adoption Services”. Available at < www.childoneurope.org >, under “Activities”.

334 _{Netherlands, Foundation Adoption Services (Stitching Adoptievoorzieningen), Video Interaction Guidance.}

335 _{See, for example, Italy (Law 184 of 4 May 1983 as amended by Law 476 of 31 December 1998, Art. 34 (2)) “From the time}

of the child’s entry to Italy and for at least one year, the social services of the local authorities and the accredited bodies shall, at the request of the interested persons, assist the foster family, the adoptive parents and the child in order to facilitate the child’s integration into the family and society” [translation by Permanent Bureau].

services as a requirement for accreditation.336 _{Services may include counselling and support}

immediately after adoption, information on the adjustment and needs of adoptees over their lifetime, and information on search and reunion issues for adoptees who wish to discover their origins.337

588. It has been suggested that the minimum requirements for post-adoption services may include: the connection of knowledge and experience; research on the problems of adult adoptees; access to inexpensive qualified counselling for parents and children; education of social workers, therapists, doctors, nurses, teachers and others who are likely to deal with intercountry adoptees; assistance in the search for family; and access to files.338

589. Post-adoption services are almost always performed by receiving States, although in search and reunion cases, States of origin may also wish to establish services for adult adoptees. The State of origin may also have to provide support services to the biological parents who have relinquished their child for adoption.