Prosecution of IIlegal Adoption in the Netherlands

Justice investigates illegal adoptions

By Anneke Stoffelen, November 19 2009

AMSTERDAM - Justice is currently examining nine couples in recent years who bought a child abroad. Although the adoptive parents of baby Donna, in a similar case, in early 2009, were immune from prosecution, the Public Proscutioner (OM) is nevertheless planning to prosecute those couples by criminal law.

Illegal adoption is a growing problem, claims director Marie-Louise van Kleef of the Council for Childprotection. "That is because the supply of adopted children from abroad decreases. Then parents find alternatives. And the Internet gives you easily access to find a child. "The past two years ten cases of which children where taken illegally from abroad for adoption appeared.

Baby Donna

The case surrounding baby Donna, who in 2005 was bought by Dutch parents in Belgium, sparked a lot of commotion. Last year a same case of the Belgian baby Jayden, was also illegally taken to the Netherlands for adoption. But there are so many more similar cases which did not appeared in the publicity. "We maintain anonymity, trying to handle those cases with care to keep the interest of the child as main perspective," says Van Kleef. "Imagine what will happen when Donna is 18 and she reads all these things about herself at the internet. That is tragic."

Addition to those Belgian children, it goes also for babies from India, Philippines, Sri Lanka, Nicaragua, Bolivia and Cambodia. The possibility exists that these kind of children will be going back to the country of origin in the future. In the case of baby Jayden, this has already happened. When the cases of the other children appeared, they immediately where placed in a Dutch foster home.

Limitation period two years

The Council for Childprotection stated, that they do that to prevent the repetition like in the case of Baby Donna: The ‘foster parents’ got Donna by court ruling, nevertheless the way they got her, because the girl stayed so long in the family (Family Life EVRM article 8) . It would not be in the interest of Donna's to move her away from this couple.

The period the OM can prosecute in cases of illegal adoptions is limitated to a period of two years . According to Van Kleef, adopters know this very well and often calculate how to handle these situations.

Ministry of Justice said earlier, to tackle illegal adoption much harder. Now the maximum fine is 6.700,- euro. Child trafficking is punished more heavily, but that only counts due regard child exploitation.

UAI Comment: International Private and Criminal Law, do not see and respect the child - located for adoption - as a human being with a physical and mental integrity who should have the ability to stay in their own family and environment, and be protected for such an assault on personal life and history. Abduction and Trafficking of the child for the purpose of adoption, even-though, the adoption procedures, regulations and international human rights are severed, the international law does not protect any child in this circumstance, unless there has been paper-fraud or an act against State Laws. Taking babies/children away in an illegal manner is not punishable due regard that the final result; Adoption, is seen as an act in the best interest of the child. Legally, no questions asked what the consequences for the family of origin and the Adoptee will be in the future. With this statement the UAI wants to present again, that the best interest of children and Adoptees is not served by present adoption laws and treaties but those of adopters and their organisations and legal systems.