602. It is a regrettable fact that not all placements or adoptions are successful, although the prospects of failure are reduced where there has been professional assessment of the suitability of the prospective adoptive parents, they have received thorough preparation for the adoption, the matching of the child and the family is undertaken by experienced social workers, and supportive post-adoption services have been provided.
603. The Convention provides procedures to deal with the breakdown of placements when the child has been transferred to the receiving country prior to the completion of the adoption. Co-operation is needed between the authorities of both sending and receiving countries to manage the situation. The Convention does not provide any rules in relation to the breakdown of completed adoptions.
604. Article 21 deals with breakdown of placements. In the situation covered by Article 21, the placement has broken down before the adoption has been completed in the receiving State. Article 21 applies when the child has been entrusted to the prospective adoptive parents by the State of origin and where the child has left the State of origin and has travelled to the receiving country. When it becomes apparent that the continued placement is not in the child’s best interests, the Central Authority of the receiving State must terminate the placement and put the child in temporary care. The Central Authority must then arrange another placement with a view to adoption, in consultation with the Central Authority of the State of origin. Only as a last resort will the child be returned to the State of origin.
605. Depending on the age and maturity of the child, he or she must be consulted and, where appropriate, his or her consent obtained in relation to measures to be taken following a breakdown in the placement.346
606. In fulfilling this requirement, States often grant the responsibility to supervise
345 Recommendation No 18. In order to comply with this, see, for example, Spain (2007 Law on Intercountry Adoption, Art. 11). 346 Art. 21(2).
placements to social service personnel or accredited bodies. States should ensure that proper mechanisms are in place for such bodies or individuals to immediately transmit notice of the breakdown to the Central Authority for communication to the country of origin.347
607. Article 21(1) a) allows the child to be placed in temporary care. In some States such care would be provided by a foster family or a new prospective adoptive family would be found by accredited bodies.348 In other cases, the temporary care would be found by the child
welfare authorities of the State.349
608. The implementing measures for the Convention should establish clear procedures for handling disrupted or failed placements. Article 21(1) b) requires that a new placement be “arranged without delay” and that a new adoption be done “in consultation with the Central Authority of the State of origin.” Therefore, although the primary responsibilities rest with the receiving State in these cases, States of origin must also develop a procedure to respond to such cases.
609. Returning the child to the State of origin should only be done in rare cases, and only after “all measures to find alternative care in the receiving State having been exhausted and any prolonged stay of the child in that State no longer being for his or her welfare and interests.”350
610. The Convention does not expressly provide procedures for the breakdown of completed adoptions. The child, being fully integrated into the adoptive family, will be protected in the same way as any other child in the receiving country. This means that the child will have the benefit of the measures of care and protection available to all children generally in the country where he / she now has his / her habitual residence.
611. As noted in Chapter 9.3, the protection of the child after an adoption has taken place is not the responsibility of the State of origin, but rather of the receiving State, which must be trusted to carry out this duty. It should be clearly understood that when a breakdown occurs after the completion of the adoption, the competent authorities of the receiving State are directly responsible for taking effective measures to provide a new and appropriate placement for the adopted child to ensure the best interests of the child. As a matter of good co-operation, if the Central Authority becomes aware of the breakdown of the completed adoption, it should inform the Central Authority of the State of origin. It is noted that the adoption, at the point of breakdown, will have become a matter for child protection services, and the Central Authority may no longer be involved with or informed of such developments. 612. Post-adoption services will be the subject of a future volume of the Guide to Good Practice. Comprehensive information on this subject may be found in the Guidelines on Post- Adoption Services, prepared by ChildONEurope.351
347 See, for example, the response of New Zealand to question No 7(4) of the 2005 Questionnaire: “There have been two
placement disruptions, one in-family adoption where the child returned to the country of origin to other family members. The second child will be re-placed within New Zealand in consultation with the country of origin”.
348 See, for example, United States of America (Federal Register, Vol. 68, No 178, 15 September 2003, p. 54108, §96.50(d)). 349 See, for example, the responses of Cyprus and Malta to question No 7(4) of the 2005 Questionnaire: the Social Welfare
Services in Cyprus and the Maltese Social Services Sector in Malta.
350 See Explanatory Report, supra, note 1, para. 371. According to the responses to question No 7(4) of the 2005
Questionnaire, in Chile, Estonia and New Zealand, there have been cases where children returned to their countries of origin. According to the response of Switzerland, the return of children to their countries of origin is very rare.