From Humanitarians to Patriots: The Decline of International Adoption and the Turn to Domestic Prioritization

Authors

• Karsen Kreidler, Southern Methodist University, Dedman School of Law

Abstract

The world is getting smaller as globalization is leading to more connection and interdependence between countries than ever before. Businesses, ideas, and even people are being exchanged across countries. This can be seen in the development of international adoption, a complex legal issue that involves a balance of child’s rights, state sovereignty, and international law. International adoption has been an important facet of globalization for many decades, and has undergone certain developments and trends over the course of its history. Recently, international adoptions have drastically decreased, as several nations are adjusting their policies, including tightening or even completely banning foreign adoptions. There are several factors motivating these shifts, such as concerns of corruption, ethical considerations, and a growing focus on domestic adoptions. The impact of these shifting policies are significant not only to the legal sphere, but also to the tens of thousands of children and families all over the world that feel the effects.

Intercountry adoption is a widely impactful global practice that has many deficiencies. International law on this topic has been criticized for its ineffectiveness at properly handling these deficiencies, and states are taking matters into their own hands, causing policy shifts in international adoption that is being felt by millions of families around the world. This note analyzes these recent developments and their impacts, demonstrating the evolution in global governance of intercountry adoptions.

This case note will begin with an explanation of the historical background of international adoption and the legal framework of this topic. Next, the recent policy shifts and the reasons behind them will be examined and specific examples explored. Finally, this case note will analyze the effectiveness of current law, the implications of the changing trends, and possible legal reforms addressing these issues.

Recommended Citation

Karsen Kreidler, Case Note, From Humanitarians to Patriots: The Decline of International Adoption and the Turn to Domestic Prioritization, ILRA Student Forum (2025)
https://doi.org/10.25172/ilrasf.4.1.1