This chapter is taken from a forthcoming book on Intercountry Adoption, edited by Judith L. Gibbons and Karen Smith Robati and forthcoming in June of 2012. The chapter constitutes a debate between Professor Elizabeth Bartholet and Professor David Smolin. Each independently was given three questions to answer, and then one opportunity to respond to the other's answers to those three questions, all with strict space limitations. The debate illustrates some of the starkly different perspectives regarding the law, policies, and facts relevant to intercountry adoption.The three questions were as follows:
1. From a worldwide perspective, identify basic human rights, core human needs, and best interests of unparented children, those living without family care including those inIf you've read the previous writings of these two scholars (I've blogged about some of Bartholet's perspectives here and Smolin's perspectives here), you'll find nothing new in this written debate, but it is fascinating to see in one place their "starkly different perspectives."
2. How should we understand the subsidiarity principle of the Hague Convention and how do the expressions of that principle in the CRC and the Convention aid or hinder the best interests of the child?
3. How should the law (and the governments of sending and receiving nations) respond to concerns with child trafficking, corruption, and adoption fraud in the intercountry adoption system?