Session 11.2 International Adoptions - Protection of Children in the Context of Intercountry Adoption
Tracks
Track 2: Room LG18
| Wednesday, July 30, 2025 |
| 2:00 PM - 3:30 PM |
| LG18 - The David Li Kwok Po Lecture Theatre |
Overview
Sponsored Symposium Panel Session
Moderator: Ms Hilka Hollmann, Dawson Cornwell LLP, UK
Panellists:
- Judge Fiona Mwale, Malawi Judiciary
- Ms Lavanya Regunathan Fischer, RFKN Advocates & Consultants, India
- Ms Hilka Hollmann, Dawson Cornwell LLP, UK
- Hariette Chiggai, Vice President of the Kenyan Law Society, Kenya
Details
Overview
The 1993 Hague Convention on intercountry adoptions was created to provide a universally consistent and effective safeguarding system to protect against child trafficking, and illegal and irregular international adoptions, specifically in the context of economic disparity between countries, poverty, displacement, war and natural disasters, and what happens when displaced or abandoned children are adopted internationally.
Our panel of experts will look at the operation of Hague principles and effective safeguarding in different parts of the world, including countries which have not ratified the Convention, or cannot do so because they are not in an economic position to put in place the sophisticated resources required to implement the Convention, countries where the Convention has impacted long-standing community traditions and cultural practices around the care of children as part of the community, how the interests of the child permeates the legal thinking in most jurisdictions, although there may be different interpretations, and how these can be reconciled in an international setting.
Hilka will introduce the subject and provide an overview of international adoptions, the 1993 Hague Convention, and its safeguarding measures, and a panel of experts from Hague and non-Hague Convention countries will discuss the implications and local practices within their jurisdictions.
The 1993 Hague Convention on intercountry adoptions was created to provide a universally consistent and effective safeguarding system to protect against child trafficking, and illegal and irregular international adoptions, specifically in the context of economic disparity between countries, poverty, displacement, war and natural disasters, and what happens when displaced or abandoned children are adopted internationally.
Our panel of experts will look at the operation of Hague principles and effective safeguarding in different parts of the world, including countries which have not ratified the Convention, or cannot do so because they are not in an economic position to put in place the sophisticated resources required to implement the Convention, countries where the Convention has impacted long-standing community traditions and cultural practices around the care of children as part of the community, how the interests of the child permeates the legal thinking in most jurisdictions, although there may be different interpretations, and how these can be reconciled in an international setting.
Hilka will introduce the subject and provide an overview of international adoptions, the 1993 Hague Convention, and its safeguarding measures, and a panel of experts from Hague and non-Hague Convention countries will discuss the implications and local practices within their jurisdictions.
Speaker
Ms Hilka Hollmann
Partner
Dawson Cornwell LLP
International Adoptions - Protection of Children in the Context of Intercountry Adoption
Abstract
Hilka will introduce the subject and provide an overview of international adoptions, the 1993 Hague Convention, and its safeguarding measures, and a panel of experts from Hague and non-Hague Convention countries will discuss the implications and local practices within their jurisdictions.
Biography
Hilka Hollmann is a Partner at Dawson Cornwell LLP with specialisation in international adoptions and serious care cases involving the safeguarding of children. She has provided legal advice on English adoption law to foreign courts, represented parents of displaced children, trafficked children, children from war zones, and been involved in numerus adoptions from across the globe, including many African countries, Asia, and South America.
Judge Fiona Mwale
High Court Judge
Malawi Judiciary
International Adoptions - Protection of Children in the Context of Intercountry Adoption
Abstract
Fiona will speak about the reasons for implementing measures in Malawi to safeguard children in international adoptions in the absence of the Hague, socio-economic challenges of implementing Hague Convention structures, and visions for the future.
Biography
Fiona Mwale is a Malawi High Court judge, in charge of and responsible for setting up Malawi’s first Family and Probate Division of the High Court. She is also Chairperson of the Malawi National Child Justice Forum, and an International Judicial Training Expert in Trafficking in Persons and Smuggling of Migrant Minors. Fiona was the judge who granted the adoption orders for two of Madonna’s Malawian born children and she continues to advocate for checks and balances for intercountry adoptions and to Malawi acceding to the 1993 Hague Convention.
Ms Lavanya Regunathan Fischer
RFKN Advocates & Consultants
International Adoptions - Protection of Children in the Context of Intercountry Adoption
Abstract
Lavanya will speak about the implementation of the 1993 Hague Convention in India, it’s challenges and process to bring the Hague in line with local law and practices in India over the course of 20 years.
Biography
Lavanya Regunathan Fischer is an Indian lawyer who has been involved in a number of challenges to the decision making of international adoption authorities, to recognise the local and legal practices of religious adoptions which have been a part of Indian culture for centuries, within the context of child welfare and the 1993 Hague Convention.
Hariette Chiggai
International Adoptions - Protection of Children in the Context of Intercountry Adoption
Abstract
Kenya ratified the 1993 Hague Convention in 2007. Hariette will speak about the Hague Convention from the Kenyan perspective, its implementation and practical application.
Biography
Hariette Chiggai is a Kenyan lawyer, Vice President of the Kenyan Law Society, advisor to the President on Women’s Rights within the Executive Office of the President of Kenya, and Head of Legal Services ICPAK Deputy Secretary General East Africa Law Society. She has been involved in various mentorship programmes and is a member of the Accreditation Committee of the Supreme Court of Kenya. She has a particular interest in mentoring young lawyers and was nominated for the Phenomenal African Women of the Year Award for her contribution to mentorship, progressive leadership and governance.
