The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption took effect in the U.S. on April 1, 2008. As such, the United States now partners with 75+ countries around the world in this convention to facilitate international adoption.
The U.S. implementation of this Convention has been the catalyst for many changes in the international adoption process. Some of the most notable changes are the following:
- Adoption Service Provider Accreditation & Approval - Adoption service providers are now under the oversight of the Department of State, for the first time in U.S. history. As such, they are accountable to the designated accrediting agencies, such as the Council on Accreditation (COA). Adoption Service Providers must now meet requirements such as ethics, fee disclosure, records retention, training for families, and qualifications for agency staff.
- Forms & Processes - The old I-600 forms have been replaced with I-800 forms. These forms introduce new requirements intended to ensure families are qualified to adopt, and help to better protect children. For example, special training may be required for a child with special needs, and all families must have at 10+ hours of training.
- New Criteria of Being Adoptable - Children adopted through the Convention must now meet a new set of criteria as to whether or not they are adoptable. For example, two birthparents can now relinquish a child for adoption if they are unable to provide proper care for their child. Consular officials must determine whether each specific child meets the criteria of being adoptable before custody is granted or the adoption is finalized in the child’s country.
- Tracking Adoptions - A new Adoption Tracking Service has been implemented to allow the Department of State to track all international adoptions.
- Tracking Complaints - A Hague Complaint Registry has been implemented to provide a system to help monitor and resolve complaints against adoption service providers. The information in this registry will be used as the adoption service providers are reviewed for accreditation.
The Hague Convention on International Adoption is not perfect. Adoption agencies have complained about various elements, such as the insurance requirements, the increased levels of bureaucracy, and the resulting increased cost to do an international adoption. Some of the smaller adoption agencies have simply been unable to survive with these additional requirements, and have closed their programs. That portion is concerning to us, as we have seen a drop in the number of agencies doing international adoption, and the number of adoptions being completed.
However, on the other hand, over the years we have observed a destructive spiral that has happened in countries that do not have very strong adoption procedures and protections. These countries open international adoption programs, the number of adoptions grows quickly, then a few unethical individuals ruin it for everyone else, and the countries’ international adoption programs are closed down, or implement unnecessary restrictions that substantially decrease the number of adoptions. I know this is a gross over-simplification of much more complex issues. However, several countries, which historically had effective international adoption programs are still closed today (or have dramatically reduced the number of international adoptions they allow) because of these core issues.
Whether we like it or not, this is the system is in place and it’s not going anywhere any time soon. Over time, I believe the number of international adoptions will increase and exceed what they were prior to the issues that have been faced in international adoption recently. I believe the Convention will reduce the risk of child abduction, sale, exploitation and trafficking. Most importantly, I believe that these systems will provide more protection for children, ensure parents are better qualified and prepared, help adoption agencies provide a higher level of service, decrease the risk to adoptive families, and reduce the risk that countries will close their international adoption programs because of system abuses. Without diminishing the pain of the current problems, I believe that the Hague International Adoption Convention will be in the long-term best interest of children.
Learn more about the Hague International Adoption Convention.
Posted on May 2nd, 2008 by admin
Filed under: Adoption, Charity, Ethics, Global Orphan Crisis
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