that environment, shall be entitled to special protection and assistance
provided by the State.
2. States Parties shall in accordance with their national laws ensure alternative care for such a child.
3. Such care could include, inter alia, foster placement, kafalah of
Islamic law, adoption or if necessary placement in suitable institutions for
the care of children. When considering solutions, due regard shall be paid
to the desirability of continuity in a child’s upbringing and to the child’s
ethnic, religious, cultural and linguistic background.
Article 21
States Parties that recognize and/or permit the system of adoption
shall ensure that the best interests of the child shall be the paramount
consideration and they shall:
(a) Ensure that the adoption of a child is authorized only by competent authorities who determine, in accordance with applicable law and
procedures and on the basis of all pertinent and reliable information, that
the adoption is permissible in view of the child’s status concerning parents, relatives and legal guardians and that, if required, the persons concerned have given their informed consent to the adoption on the basis of
such counselling as may be necessary;
(b) Recognize that inter-country adoption may be considered as
an alternative means of child care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for
in the child’s country of origin;
(c) Ensure that the child concerned by inter-country adoption
enjoys safeguards and standards equivalent to those existing in the case
of national adoption;
(d) Take all appropriate measures to ensure that, in inter-country
adoption, the placement does not result in improper financial gain for
those involved in it;
(e) Promote, where appropriate, the objectives of the present article by concluding bilateral or multilateral arrangements or agreements,
and endeavour, within this framework, to ensure that the placement of
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