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streets. And almost never are there any rules that are designed to
facilitate international adoption to ensure that when children cannot
be raised by their birth parents they are transferred as quickly as
possible to those interested in adopting, most of whom will be
available in the foreseeable future only through international
adoption.
I believe that if policymakers thought empathic ally, as they should
when dealing with children's issues, they would understand that
international adoption generally serves children's interests. I believe
they should lift the heavy hand of state regulation in this area, giving
greater freedom to the private adult parties centrally involved, namely
birth and potential adoptive parents, to do what they think best for
themselves and the children at issue. This typically will mean
transferring the children from the birth parents, who are not in a
position to care for the children, to the adoptive parents, who are. I
say this not because I generally think parents can be trusted to protect
children's best interests and see myself as a "parent rights" rather
than a "state parens patriae" person. Indeed, I often promote greater
state intervention in the family to protect children against their
parents.I3 I say it because in this international adoption area the
negative, restrictive nature of typical governmental regulation seems
to me to hurt children's interests by denying them what they most
need, namely nurturing homes. I also believe that policy-makers
should develop a new kind of positive regulation in this area that
would function to facilitate rather than restrict international adoption.
However, many who claim they speak for children, including
powerful organizations like UNICEF, and many NGOs that purport
to represent children's rights, take a negative view of international
adoption. Accordingly, they tend to argue that governing law should
become ever more restrictive, and that the state should eliminate the
private intermediaries that facilitate the transfer of children from birth