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UNCRC Article 21: The rights of children in adoption and foster care

Understand UNCRC Article 21's impact on child adoption and welfare. Learn how your support can make a lasting difference in children's lives and donate today.

In the unfortunate instance that a child cannot safely live with their family, adoption by anyone may seem an attractive alternative to living in foster or other institutional care, it’s important however that the needs and best interest of the child are coming first in their potential adoption. 

The United Nations Convention on the Rights of the Child (UNCRC) Article 21 specifically addresses the practices concerning adoption and foster care, ensuring these processes respect the best interests of the child. In Australia and globally, Save the Children champions the principles outlined in Article 21, advocating for children's rights in all aspects of adoption and foster care.

What does UNCRC article 21 cover?

UNCRC Article 21 outlines standards for international and national adoptions, placing paramount importance on the child's best interests. It stipulates that children should only be adopted if they cannot be properly cared for in their family environment. This article also insists on the necessity of proper authorisation and monitoring of adoption agencies to prevent the abduction, sale, or trafficking of children.

Standards of care advocated by article 21

The article advocates for a high standard of care in adoption and foster care processes. It ensures that these practices are carried out ethically, with due consideration given to the child's cultural, linguistic, and religious background, and that the child and potential adopter give their informed consent in the adoption process. Save the Children's initiatives, like the Families First program, embody these standards by working towards a child-focused approach in care systems.

Article 21's influence on adoption policies

This article significantly influences adoption policies worldwide, including in Australia. It prompts countries to review and align their adoption practices with the child's best interests, ensuring a secure, loving, and supportive environment for every child. 

The role of governments in upholding article 21

Governments play a crucial role in implementing Article 21. They are responsible for establishing robust legal frameworks to regulate adoption and foster care processes, ensuring they align with the article's principles. Governments can also help vulnerable children in other countries, the Australian Government's support in enhancing family and community care in Indonesia with Save the Children is a testament to such governmental commitment.

Challenges impacting article 21 effectiveness

Despite its comprehensive guidelines, Article 21 faces challenges. These include insufficient regulation, lack of awareness, asymmetric knowledge, and socio-economic factors that lead families to relinquish children. Save the Children's work aims to address these challenges and help uphold the guidelines and rights in the UNCRC.

Our initiatives upholding UNCRC article 21

The Families First program in Indonesia is a prime example of how Save the Children Australia aligns with UNCRC Article 21. This initiative aims to reduce the reliance on institutional care, promoting family-based solutions for children in need and facilitating the reuniting of families or adoption into appropriate homes.

In the wake of disasters like the earthquakes in Türkiye and Syria, Save the Children has also been instrumental in reuniting children with their families, upholding the principles of UNCRC Article 21. Our dedication to finding family-based solutions rather than resorting to adoption in such crises exemplifies the articles on adoption only when in the best interest of the child.

How can I contribute to the well-being of adopted children?

As well as providing a safe and welcoming home if you’re considering adoption, individuals can contribute significantly to the well-being of adopted children. Donating to organisations like Save the Children, volunteering, and raising awareness about the importance of family-based care are a few impactful ways to make a positive change. Together, we can ensure every child enjoys the right to a safe, nurturing, and loving family environment.

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