In historical terms, intercountry adoptions from India have had a short run. Within thirty years of its inception, murky scandals of child kidnapping, falsifying paperwork, outright trading,and other tragic stories have ridden these intercountry adoptions. Worldwide, adoption experts widely believed that ratifying the Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption (1993) would help reduce malpractice in such adoptions. The Convention aims to minimize malpractice in adoption and “prevent the abduction, the sale of, or trafficking in children.”
But does regulating help in weeding outcases of malpractice? Or does the regulation of intercountry adoptions,because of the strong demand for children, lead to a legalized market for children without effective control?