We are continuing our series on international adoption of a Mongolian child. In our first post, we reviewed the legal framework of the international adoption system. Our second post listed the specific steps required to apply for adoption of a Mongolian child. In this post we will take a closer look at potential legal grounds for a refusal of the adoption application, and we will review the monitoring mechanisms in place to ensure the adoption is a success, and beneficial to the child.
An application for international adoption will be rejected if it is found that false information or false documents have been submitted or the information and documentation provided in the application does not comply with the real circumstance of the adopting parents. This is simple and expected, potential adoptive parents must be truthful and forthcoming on their adoption application papers.
The application may also be denied if the examining officers feel that the prospective parent’s reasons for the adoption are uncertain or suspect; or where the adoptive parents’ ideas and goals for the adoption and subsequent rearing of the child are divergent and their opinions are not unified.
After the adoption is approved, a bilateral or trilateral agreement shall be signed by the adoptive parents and an adoption agency in compliance with the UN Convention on the Rights of the Child, this is required to finalize the adoption legally. The contract provides detailed information on adoptive parents’ obligation to provide the child with normal opportunities for growth, safety, education, and protection of rights.
Normally, the adoption agreement with include provisions requiring the adoptive parents to submit updated information about the child to the Diplomatic Representative Office of Mongolia each year until the child reaches the age of 16. If the adoptive parents change their place of residence, they are obliged to immediately notify the competent authorities of their country of residence and Diplomatic Representative Office of Mongolia. Additionally, the intermediary adoption agency will responsible to organize visitation to ensure the adopted child’s situation.
Over the course of the adoption, the Immigration Agency of Mongolia will maintain the right to terminate the adoption arrangement if it is proven that the adoptive parents consciously lost the child, or engaged in any activity not beneficial for the child’s best interest, such as physical, mental, or sexual abuse or neglect of the child, or drug use by the parents. The adoption will also be canceled if the parents lose the right to act as adoptive parents under the domestic laws of their country of residence, or where the child’s rights as set out in the adoption agreement, or local laws regarding child protection are violated.