In times of war, the adoption of children is strictly limited by several texts which aim to protect their integrity and prevent their forced displacement.
A decision motivated by the continuation of the conflict. Via a decree published in the Official Journal this Tuesday, December 27, 2022the Minister for Europe and Foreign Affairs Catherine Colonna has extended the suspension of procedures for the adoption of Ukrainian children until December 31, 2023. This new text extends an initial decree dated March 7, 2022 which suspended these adoptions “for a period of three months”, and which had already been extended until December 31, 2022.
In detail, this text is based on various texts, including the International Convention on the Rights of the Child of November 20, 1989 but also the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption. The decree also mentions Article R. 148-10 of the Family Social Action Code.
Protect children
As pointed out Release in an article devoted to this suspension last March, several dozen files are currently blocked by this suspension. On the other hand, the decree does not apply to families already related, to understand who are already in contact with a child.
The daily detailed the various reasons why adoptions are suspended in times of war. For purely administrative reasons, Ukrainian courts are currently unable to issue the necessary permits. It is also about protecting children, who are vulnerable in times of war.
“In countries at war, many children are torn from their parents and close family and find themselves abandoned to their fate. For a refugee child to be considered adoptable, great efforts must first be made to find members of his family, which is impossible in an emergency”, specifies the French Adoption Agency (AFA).
Recent history has moreover proved that respect for children in times of war is not respected. As the conflict progressed, the Ukrainian authorities repeatedly expressed concern about the forced transfers of Ukrainian children to Russia via simplified procedures for granting Russian nationality to children who are not in the care of their parents.
