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“An adoption within the scope of the Convention shall take place only if the competent authorities of the receiving State have determined that the prospective adoptive parents are eligible and suited to adopt.”272

399. A receiving State must decide which authority or body should receive applications from, and perform evaluations of, the prospective adoptive parents to determine if they are “eligible and suited to adopt.” Some countries require an initial expression of interest from potential adopters as well as their attendance at one or more information sessions, before proceeding to a full evaluation. Their eligibility to adopt should be determined before proceeding to an evaluation of suitability.

400. The Convention uses both “eligible” and “suited” to clarify two distinct categories of evaluation: “eligible” referring to the fulfilment of all legal requirements, and “suited” referring to the fulfilment of necessary socio-psychological criteria.273

401. The Convention requires that competent authorities perform these functions. In most States such services are provided by qualified social service professionals, with the results of the evaluation being reviewed and approved by competent authorities to ensure they are “satisfied” of the applicants eligibility and suitability as required by Article 15. States employ various mechanisms to require, review and approve evaluations of prospective adoptive parents.274

402. Countries of origin intending to give their children for adoption into the care of the receiving State need to be assured that the individuals or couples selected by the receiving State as prospective adoptive parents have been properly and thoroughly assessed as suited to adopt.275

403. The evaluation of prospective adoptive families generally includes a process known as the “home study.” Through visits to the family’s residence, a medical and psychological evaluation, as well as pre-adoption training and preparation, the social service personnel are able to determine that the prospective parents have the temperament, skills and training

270 _{Recommendation No 12.} 271 _{Recommendation No 13.} 272 _{Art. 5 a).}

273 _{See Explanatory Report, supra,note 1, para. 180.}

274 _{See, for example, Australia (Western Australia), Adoption Act 1994, Section 40, Assessment of applicants for adoptive}

parenthood.

275 _{See, for example, Guatemala (2007 Law on Adoptions, Art. 23 j); Dominican Republic (Code for the Child and Adolescence}

Protection System and Fundamental Rights, Arts. 165 and 166); and the response of Sri Lanka to question No 4(g) of the 2005 Questionnaire “…the applicants are further investigated once they come to Sri Lanka”.

necessary to be approved as adoptive parents.276 _{This must be done before the matching}

occurs.277

404. A key question is whether the evaluation of the prospective adoptive parents is to be done in respect of any child from any country, or in respect of a specific category of children, for example, a child from a particular age group, with or without special needs, from a particular country. Some prospective adoptive parents who are declared suitable may have unrealistic requests, for example, to adopt a healthy baby from a country where such children do not need a family through intercountry adoption. This situation creates frustration for the parents and increases the pressure on the countries of origin. Receiving countries have an important responsibility to make thorough evaluations of parents, and to manage their expectations, taking into account the needs of adoptable children for intercountry adoption in the various countries of origin.

7.4.2 Preparation of prospective adoptive parents

405. The Convention also requires competent authorities to ensure that prospective adoptive parents receive counselling about adoption, as may be necessary.278 _{“Counselling”}

in this context refers to preparation for the adoption and may include training and education. 406. The need for proper preparation of the prospective adoptive parents in the receiving States has been emphasised by Contracting States.279 _{It is said that this is crucial for}

managing the expectations of the prospective adoptive parents and for diminishing the pressures on States of origin. In some cases, prospective adoptive parents mistakenly feel they have a right or entitlement to a child. In other cases, the number or profile of adoptable children does not correspond to their expectations for an adoption.

407. Some experts believe that the evaluation of the prospective adoptive parents should include a determination of whether they have the capacity to respond to potential difficulties relating to the adoption and to adapt to changing circumstances. Prospective adoptive parents who “make an application” (Arts 14 and 15) to their Central Authority or accredited body to adopt a child, must understand that there is no guarantee of a positive response to the application. The prospective adoptive parents are really only making “an offer of a home” for a child.

408. Training and education in adoptive parenthood should be provided to prospective adoptive parents, to prepare them for the benefits and challenges of adopting a child. There will be many issues for which the prospective adoptive parents may need special assistance and preparation. For example, there are basic issues of learning to communicate with the child. More serious issues may arise if the child has been living for an extended period in an institution; if the child has suffered severe psychological trauma such as the loss of his / her family in a natural disaster; if the adoption means the child is to be separated from friends (or worse, from siblings) in the orphanage; if the child is mentally or physically disabled; if physical, mental or medical problems emerge which were not apparent at the time of the adoption; if the child has received inadequate perinatal care; if the child has suffered from insufficient stimulation and neglect, or discontinuity in care (e.g., many different caretakers, frequent transfers to children’s homes or foster families).

409. Prospective adoptive parents need to fully understand the reality of the situation or circumstances from which some adoptable children come. In spite of being in a loving environment, some children with a difficult background or traumatic past will not adjust easily

276 _{See, for example, Belgium (Civil Code, Art. 346.2); Denmark (Adoption Act, cf. Consolidated Act No 928 of 14 September}

2004 and the Executive Order on the approval of adopters); Spain (2007 Law on Intercountry Adoption, Art. 10).

277 _{For a global overview on how the home study is performed, see the responses to question No 4(g) of the 2005}

Questionnaire.

278 _{Art. 5 b).}

to their new adoptive family because they have learned from previous experience not to trust adults. Prospective adoptive parents may not understand why the child does not respond to their warmth and affection and may need support when this happens. Post-adoption support should be available in order to help the parents at difficult stages during the development of the child.

410. The content and methods of the training and education, and the appointment of a service provider, are matters for each State to decide. Some countries have compulsory preparation sessions, either in groups or individually, as the case requires.280 _{For example,}

during the evaluation of the parents’ suitability, it may have become apparent that additional preparation is required on particular aspects of the adoption process. Some countries provide adoption preparation only after the prospective adoptive parents have been positively assessed as eligible and suitable to adopt.

411. The lack of uniformity in reports and the lack of and thoroughness in the preparation of prospective adopters has been commented upon. For example, in one country the children available for intercountry adoption are usually over age 5 and have a variety of problems. Not all parents are suitable for adopting such children and it is important to prepare prospective parents adequately through counselling and education.

412. It will assist States of origin if they receive in the report on the parents some indication that the parents received adoption preparation.