The current situation of intercountry adoption in Spain

Intercountry adoption is a young institution that, after experiencing a boom at the beginning of the 21st century is currently immersed in a period of decline. The years 2020 to 2023 have been especially notable in this matter in Spain, as a consequence of the jurisdiction conflict, resolved by STC...

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Main Author: Juan Pedro Díaz Senés
Format: Article
Language:English
Published: Oñati International Institute for the Sociology of Law 2025-02-01
Series:Oñati Socio-Legal Series
Subjects:
Online Access:https://opo.iisj.net/index.php/osls/article/view/1947
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author Juan Pedro Díaz Senés
author_facet Juan Pedro Díaz Senés
author_sort Juan Pedro Díaz Senés
collection DOAJ
description Intercountry adoption is a young institution that, after experiencing a boom at the beginning of the 21st century is currently immersed in a period of decline. The years 2020 to 2023 have been especially notable in this matter in Spain, as a consequence of the jurisdiction conflict, resolved by STC 36/2021, as well as the COVID-19 crisis, causing China to restrict international adoption. This paper analyzes the features that have characterized intercountry adoption in its different stages and the factors that have led to its evolution, focusing on the study of the successive regulatory swings that have occurred in Spain. As a result of this study, it is observed that, beyond the current circumstances brought about by the COVID-19 crisis, this institution currently has a residual weight that is increasingly in line with the principle of subsidiarity, recognized by the Convention of 29 May 1993 on Protection of Children and Cooperation in Respect of Intercountry Adoption.
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spelling doaj-art-27c4f9792cc54bcdbdf43c35908138c82025-02-03T09:36:39ZengOñati International Institute for the Sociology of LawOñati Socio-Legal Series2079-59712025-02-0115110.35295/osls.iisl.1947The current situation of intercountry adoption in SpainJuan Pedro Díaz Senés0Universidad Rey Juan CarlosIntercountry adoption is a young institution that, after experiencing a boom at the beginning of the 21st century is currently immersed in a period of decline. The years 2020 to 2023 have been especially notable in this matter in Spain, as a consequence of the jurisdiction conflict, resolved by STC 36/2021, as well as the COVID-19 crisis, causing China to restrict international adoption. This paper analyzes the features that have characterized intercountry adoption in its different stages and the factors that have led to its evolution, focusing on the study of the successive regulatory swings that have occurred in Spain. As a result of this study, it is observed that, beyond the current circumstances brought about by the COVID-19 crisis, this institution currently has a residual weight that is increasingly in line with the principle of subsidiarity, recognized by the Convention of 29 May 1993 on Protection of Children and Cooperation in Respect of Intercountry Adoption. https://opo.iisj.net/index.php/osls/article/view/1947STC 36/2021COVID-19ChinaIntercountry adoptionbest interests of the childIntercountry Adoption Regulations
spellingShingle Juan Pedro Díaz Senés
The current situation of intercountry adoption in Spain
Oñati Socio-Legal Series
STC 36/2021
COVID-19
China
Intercountry adoption
best interests of the child
Intercountry Adoption Regulations
title The current situation of intercountry adoption in Spain
title_full The current situation of intercountry adoption in Spain
title_fullStr The current situation of intercountry adoption in Spain
title_full_unstemmed The current situation of intercountry adoption in Spain
title_short The current situation of intercountry adoption in Spain
title_sort current situation of intercountry adoption in spain
topic STC 36/2021
COVID-19
China
Intercountry adoption
best interests of the child
Intercountry Adoption Regulations
url https://opo.iisj.net/index.php/osls/article/view/1947
work_keys_str_mv AT juanpedrodiazsenes thecurrentsituationofintercountryadoptioninspain
AT juanpedrodiazsenes currentsituationofintercountryadoptioninspain