In recent years, international adoptions from China, once one of the largest sources of children adopted by foreign parents, have ground to a near halt. This decline in international adoptions is the result of a combination of internal policy changes and global factors, such as the COVID-19 pandemic, shifting geopolitical dynamics, and evolving international adoption laws. The decision has sparked a complex debate over the legal, humanitarian, and social implications for children, adoptive families, and the global adoption landscape.

The Historical Context of International Adoptions in China

China has long been a significant player in international adoptions. Beginning in the late 1990s, China became a major source of children, particularly girls, adopted by foreign families, largely due to the country’s infamous one-child policy. This policy, combined with a cultural preference for male children, led to a significant number of baby girls being placed in orphanages. As a result, international adoptions became a solution both for families abroad and for China’s burgeoning orphanage system.

From 1999 to 2010, China accounted for tens of thousands of international adoptions, particularly to countries like the United States, Canada, and various European nations. These adoptions provided many children with loving homes and opportunities that may not have been available in their birth country. However, the landscape began to change as China’s policies and society evolved.

Key Factors Behind the Decline

1. Policy Changes in China: The Chinese government began gradually shifting its stance on international adoptions around 2012. The one-child policy was officially phased out in 2015, reducing the number of children being placed in orphanages. As China’s economy grew and social policies evolved, the government focused on encouraging domestic adoptions, making it a priority to place orphaned and abandoned children with families within China.
2. Stringent Regulations: China introduced stricter regulations for prospective adoptive parents, including age, income, and health requirements. Additionally, the approval process became more rigorous, further slowing international adoptions. These regulations reflect China’s effort to ensure that only the most suitable parents adopt children, while also signaling a preference for keeping children within Chinese cultural and social structures.
3. The Impact of COVID-19: The global pandemic had a significant effect on international adoptions. With borders closed, travel restrictions in place, and health concerns at the forefront, adoption processes slowed to a standstill. While many countries have started reopening their borders and resuming adoption processes, China has remained cautious, leading to a prolonged suspension of international adoptions. Travel bans and restrictions have left prospective adoptive parents in limbo and many children stuck in orphanages.
4. Geopolitical Tensions: Increasing tensions between China and countries like the United States have also influenced international adoptions. Diplomatic friction and trade disputes have led to tighter controls on the flow of people and goods between these nations, and adoption processes have not been exempt from this. Some observers believe that these tensions have contributed to China’s reluctance to prioritize international adoptions, especially to Western nations.

International Law and Adoption

From an international legal perspective, the decline in adoptions from China brings up important considerations related to human rights and international agreements. One of the most critical frameworks governing international adoptions is the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption (commonly known as the Hague Adoption Convention). China is a signatory to this convention, which aims to ensure that international adoptions are conducted in an ethical and transparent manner, preventing child trafficking and ensuring the child’s best interests are always prioritized.

The Hague Convention emphasizes:

• Subsidiarity Principle: The convention promotes the idea that, where possible, children should be adopted within their country of origin before international adoption is considered.
• Child’s Best Interests: The welfare of the child is paramount in any adoption process, ensuring that children are placed with families that can provide a stable, supportive environment.

China’s efforts to promote domestic adoption align with the subsidiarity principle, as the government aims to keep children within the country and preserve cultural ties. However, the prolonged stoppage of international adoptions raises concerns for children who are not easily placed within domestic families, such as children with special needs or older children who often have a harder time finding permanent homes.

The Humanitarian Impact

The halt in international adoptions from China has significant humanitarian implications, particularly for children who remain in the country’s welfare system. While domestic adoptions have increased, many children—especially those with disabilities or medical conditions—are left without permanent families. These children are more likely to spend their lives in state care, which may not provide the same level of personal attention or resources as a family home.

For prospective adoptive parents around the world, the suspension of international adoptions from China has been devastating. Many families who have already begun the adoption process have been left in limbo, unable to travel to China to complete their adoptions or faced with indefinite delays. These delays can have emotional and financial consequences for families, especially those who have spent years preparing to adopt.

The Future of International Adoptions from China

As the global landscape continues to evolve, questions remain about the future of international adoptions from China. Will China resume international adoptions, or will the focus remain solely on domestic placements? Can the international community work with China to streamline and resume adoptions while adhering to the principles of the Hague Convention?

Ultimately, the goal of any adoption process should be to serve the best interests of the child. International law emphasizes ethical and transparent processes, and both domestic and international adoption can be valuable paths to ensuring children grow up in loving homes. However, the current pause in China’s international adoption program leaves many children in uncertain circumstances, and prospective parents awaiting clarity.

The intersection of legal frameworks, national policies, and humanitarian concerns makes the issue complex, but at its heart lies a simple question: how can we ensure that every child, no matter where they are born, finds the family and support they need to thrive ?you may also like