The Legal Status of Biological Parents in Child Trafficking through Illegal Adoption

Abstract

This study examines the legal status of biological parents in cases of child trafficking involving illegal adoption and analyzes the circumstances under which biological parents may incur criminal liability from the perspectives of criminal law and child protection. This study employs normative juridical research using legislative and conceptual approaches. The legal materials consist of primary legal materials, including relevant legislation; secondary legal materials, including scholarly books, journal articles, and legal doctrines; and tertiary legal materials supporting the analysis. The legal materials were collected through library research and analyzed qualitatively using a descriptive-analytical approach. The findings demonstrate that the legal status of biological parents is not automatically extinguished by the unlawful transfer of a child through an illegal adoption arrangement. Their rights, obligations, and responsibilities must therefore be assessed in accordance with applicable legal provisions. The findings further indicate that the transfer of a child does not, by itself, establish the criminal liability of biological parents. Criminal liability depends on the concrete acts, knowledge, intent, purpose, and form of involvement of each parent, as well as the fulfillment of the elements of the relevant trafficking offense. Biological parents who knowingly and intentionally participate in trafficking may incur criminal liability when the elements of the offense are legally proven, whereas parents whose consent is obtained through deception, coercion, or exploitation of vulnerability require a different legal assessment. This study concludes that the application of trafficking and child protection laws must distinguish between parental participation and parental vulnerability while maintaining the best interests of the child as the primary consideration.