The current situation of intercountry adoption in Spain

Abstract

Intercountry adoption is a young institution that, after experiencing a boom at the beginning of the 21st century is currently immersed in a period of decline. The years 2020 to 2023 have been especially notable in this matter in Spain, as a consequence of the jurisdiction conflict, resolved by STC 36/2021, as well as the COVID-19 crisis, causing China to restrict international adoption. This paper analyzes the features that have characterized intercountry adoption in its different stages and the factors that have led to its evolution, focusing on the study of the successive regulatory swings that have occurred in Spain. As a result of this study, it is observed that, beyond the current circumstances brought about by the COVID-19 crisis, this institution currently has a residual weight that is increasingly in line with the principle of subsidiarity, recognized by the Convention of 29 May 1993 on Protection of Children and Cooperation in Respect of Intercountry Adoption.