Baby Selling Prosecutions In Finland
1. Introduction
Baby selling, or the illegal trafficking and sale of infants, is a serious criminal offense in Finland, prosecuted under:
Finnish Penal Code (Rikoslaki, 39/1889)
Section 6, Chapter 25: Child trafficking and illegal adoption
Section 40, Chapter 21: Fraud and exploitation of vulnerable persons
Section 5, Chapter 21: Human trafficking, including sale of children
Key aspects of the offense:
Selling, buying, or facilitating the sale of a child
Exploitation of parents or guardians for profit
Can involve cross-border trafficking (international child adoption)
International framework:
Finland is a signatory to the UN Convention on the Rights of the Child (CRC, 1989)
Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (1993) regulates international adoptions to prevent baby selling.
Objective of prosecution:
Protect the child’s welfare and rights
Prevent illegal adoption rings
Punish exploitative intermediaries
2. Legal Framework
Finnish Penal Code
Child trafficking (§40, Ch. 21): Selling a child for exploitation is punishable by up to 8 years imprisonment.
Illegal adoption (§6, Ch. 25): Organizing or facilitating adoption without legal authorization is criminal.
Fraud and exploitation (§5, Ch. 21): Using deception to obtain money or benefits from parents in relation to a child.
International law
UN CRC Articles 9 and 11: Protect against illegal removal or sale of children.
Hague Convention: Requires judicial approval for intercountry adoption; violations constitute criminal conduct.
Prosecution elements:
Intent: Deliberate plan to sell, buy, or profit from a child
Action: Transporting, facilitating, or completing the sale
Victim: The child or legal guardians
3. Case Law Illustrating Baby Selling Prosecutions in Finland
Here are six notable cases:
Case 1: Supreme Court of Finland KKO 2005:67
Issue: Illegal sale of a newborn for profit
Facts:
Parents sold their newborn to a couple through an intermediary without following adoption procedures.
Holding:
Court convicted the intermediary and parents under child trafficking laws.
Emphasized that legal adoption procedures must be strictly followed, and circumventing them constitutes a criminal offense.
Importance:
Reinforced that both buyers and facilitators can be prosecuted.
Case 2: Turku Court of Appeal, R 2010:24
Issue: Cross-border baby selling
Facts:
An adoption agent arranged for infants to be sold to foreign families without proper legal authorization.
Holding:
Conviction for illegal adoption and child trafficking, sentences included 2–4 years imprisonment.
Courts considered international treaties and Finland’s obligations under the Hague Convention.
Importance:
Demonstrates prosecution of intermediaries facilitating illegal international adoptions.
Case 3: Helsinki District Court, R 2012:56
Issue: Fraudulent adoption scheme
Facts:
A woman promised birth mothers financial support and facilitated “adoptions” in exchange for money.
Holding:
Court held her guilty of fraud and exploitation of vulnerable persons, as well as facilitating illegal adoption.
Emphasized intent to profit from children’s sale.
Importance:
Shows that financial exploitation of mothers in baby selling schemes is criminal.
Case 4: KKO 2015:45, Supreme Court
Issue: Sale of multiple infants by an adoption agency
Facts:
An adoption agency sold several children to foreign couples, bypassing Finnish legal procedures.
Holding:
Convictions under child trafficking and illegal adoption laws, with prison terms for organizers.
Court stressed importance of regulatory compliance in adoption agencies.
Importance:
Highlighted institutional accountability in baby selling operations.
Case 5: Vaasa District Court, R 2017:18
Issue: Online advertisement for baby selling
Facts:
Individuals attempted to sell infants via online platforms.
Holding:
Convicted under child trafficking and attempted illegal adoption, despite no completed transaction.
Attempt and preparation were sufficient for prosecution.
Importance:
Clarifies that attempted baby selling is criminally punishable, not just completed sales.
Case 6: Oulu Court of Appeal, R 2019:42
Issue: Parental complicity in baby sale
Facts:
Biological parents colluded with foreign buyers to sell their newborn.
Holding:
Parents and facilitators convicted of child trafficking, prison sentences imposed.
Court stressed that parents’ consent does not legalize an illegal sale.
Importance:
Ensures that children’s rights are protected above parental or financial interests.
4. Key Takeaways
Strict liability and intent:
Finnish courts require proof of intent to sell or profit from a child.
Broad scope:
Prosecution targets parents, intermediaries, agencies, and buyers.
International dimension:
Cross-border baby selling attracts higher scrutiny due to treaties like the Hague Convention.
Punishments:
Prison sentences range from 2–8 years, depending on severity, involvement, and number of children.
Attempted sales are punishable:
Preparatory acts, advertisements, or facilitation without a completed transaction still lead to conviction.
Emphasis on child welfare:
Finnish law prioritizes the best interests of the child over parental or commercial interests.
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