Introduction



I. The Emergence of Modern Adoption Laws and Intercountry Adoption

1. The traditional family succession system and modern adoption laws

2. World War II and intercountry adoption in Europe

3. The global expansion of transnational adoption generated by market mechanisms

4. The transnational development of legal system for orphan adoption

5. Conclusion: the vulnerability of the rights of the child posed by the orphan adoption legal system



II. The Development of International Norms for the Rights of the Child and Intercountry Adoption

1. UN norms for child rights and adoption

2. The principle of the best interest of the child and the decision of adoption

3. The procedural guarantee in determining a child’s best interests

4. Conclusion: limitation of international public law in regulating adoption



III. The Role of Receiving Countries in Regulating the Procedures of Intercountry Adoption

1. Regulation by the initiative of the receiving countries

2. The Hague Process and the protection of the rights of the child

3. The prohibition of inappropriate financial interest in intercountry adoption

4. Conclusion: conflicts over the effectiveness of the regulation on intercountry adoption



IV. The Regeneration of International Child Placement Decision-Making by Sending Countries

1. The principle of equality and non-discrimination in child protection

2. The discrepancy in adoptability decision-making

3. The principle of subsidiarity in intercountry adoption

4. The vulnerability of the child protection system in sending countries

5. Recommendation: whom to regulate and how



Conclusion