The “best interest of the child” in adoption in Spain: between protection, rights and interpretations

Abstract

The best interest of the child is widely cited in the legislation and practices related to child protection as a guiding principle to consider in making any decision about the situation or the future of a child. Generally no explicit definition of it is given, assuming its evidence. However, the ethnographic data on transnational adoptions show that its implementation is not certain or universal. On the contrary, it is a cultural construct based on the interpretation, i.e., personal and/ or institutional ethics. We propose that its application is usually inclined towards the consideration of children as objects of protection and care, and recognition of the rights of adopters, an interpretation that excludes children as subjects of rights and their families of origin.