Monitor Prawniczy

no. 3/2016

Legal regulations of adoption in which adoptive parents are chosen by the child’s parents and the problem of children trafficking

Rafał Łukasiewicz
Autor jest asystentem na WPiA Uniwersytetu Rzeszowskiego.
Abstract

The purpose of this publication is to present new legal regulations about adoption in which adoptive parents are chosen by the child’s parents. These changes of the Polish law are aimed at eliminating children trafficking though they seem not to solve this problem. An analysis shows that their interpretation is extremely difficult and significantly varies for different social groups. Whichever interpretation is chosen it does not resolve the problem of the trafficking of children. The authors of Art. 1191a of the Family and Guardianship Code did not take into consideration all of the factors and reasons underlying this situation. The Polish law does not allow for giving a child away for adoption by an adoption center which makes it impossible to know the adoptive parents. This is the reason why the adoptive parents are sought on the Internet. On the other hand, the biological parents often want to be paid for their consent for adoption. The adoptive parents accept it because the number of children who can be adopted is still very small.