Università Cattolica del Sacro Cuore
Università Cattolica del Sacro Cuore

Cécile Jeannin

Cécile Jeannin is a French jurist with over 15 years’ experience, specialising in alternative care and adoption. She has undertaken evaluation missions on these themes in Denmark, Ivory Coast and Mexico. She has also undertaken research and provided training in over ten countries. She led the research and publications unit at ISS/IRC by coordinating the drafting of multiple internationally recognised tools, as well as the Monthly Review distributed to over 5000 professionals, and finalisation of over 100 country situation analysis in these fields. With training in political science and international law and later in family mediation, complemented by fluency in English, French and Spanish, she will oversee the daily activities of the organisation.

Title of presentation: Child's right to identity in intercountry adoption (ICA)

Abstract: Article 8 of the UN Convention on the Rights of the Child (CRC) notes that a child has a right to identity including a name, a nationality and family relations. Whenever a child is deprived of one of these elements, States have an obligation to restore the child’s identity speedily. At the heart of any intercountry adoption (ICA) is the modification of a child’s identity given at birth. This article explores the conditions that justify such a modification is in the child’s best interests as the paramount consideration. Secondly the article then examines what mechanisms must be in place to record the modification, including the reasons behind the change, to ensure that the adoptee can access information about their origins. Thirdly the article focuses on how to prevent the falsification and possible sale of the child’s identity when it is modified through an ICA. The article concludes by examining promising practices on how different States have taken up their responsibility to re-establish the child’s identity when it is incomplete and/or sold and options for those seeking redress when States abdicate. 

 

Cécile Jeannin