Adopting A Child From Another Country: The Hague Convention

Adopting A Child From Another Country: The Hague Convention

If you are considering adopting a child from another country it is important to understand the Hague Convention. This international treaty protects the rights of children and their families when they are involved in intercountry adoptions. Under the Hague Convention, all countries involved must follow specific procedures and guidelines for adoption. It is important to educate yourself about the Hague Convention and how it applies to your adoption journey.

History of the Hague Convention

The Hauge Convention on the Protection of Children is an international agreement to safeguard international adoptions. Concluded in 1993, it establishes international standards and practices for intercountry adoptions consistent across the board in countries that sign on.  Not all countries are part of the Hague Convention. You can still adopt from non-Hague countries as long as you follow their specific process and meet their requirements but there are risks that you might not be protected under law if something were to go wrong.

The best site to research whether a country is part of this international agreement we highly recommend visiting the US Department of State Bureau of Consular Affairs website 

Why Adopt from A Hague Country?

The Hague Convention is important because it helps to ensure that children are only adopted if it is in their best interests. It also helps to protect adoptive parents from being taken advantage of by unscrupulous agencies or individuals who don't follow the specific guidelines set up through the Hauge Convention. 

How Countries Become Part of the Hague Convention

To become a part of the Convention a country must meet several requirements, including:

  •    Having in place a system for the central registration of adoptions
  •    Banning the advertising of children for adoption
  •    Ensuring that all intercountry adoptions take place through accredited agencies
  •    Guaranteeing that adoptive parents undergo rigorous screening procedures
  •    Requiring that all adoptive families be provided with post-adoption support services
  • In addition, each country that is a party to the Convention must also designate a “competent authority”, usually the Ministry of Foreign Affairs or equivalent, who ensures that the safeguards in place are being followed.

What’s the Universal Accreditation Act?

The Universal Accreditation Act is a piece of U.S. legislation that was passed in 2007 to strengthen the process by which agencies operate when arranging adoptions between countries. Under the UAA, adoption service providers working with prospective adoptive parents in non-Convention adoption cases need to comply with the same accreditation requirement and standards that apply in Convention adoption cases.

What’s the difference between Hague and non-Hague countries?

There are a few key differences between adopting from a Hague versus a non-Hague country:

  • The process for adopting a child is typically more complicated in non-Hague countries.
  • Families who adopt children from Hague countries can be assured that the child has been well-vetted by social services in their home country and is eligible for adoption.
  • Adoptees from Hague countries are afforded some additional protections under the Convention itself.

How Does the Hague Convention Protect the Adopted Children?

One of the primary goals of the Hague Convention is to protect adopted children. This is done in a few ways, but primarily by ensuring that all adoptions between signatory countries are done through allowed agencies. These agencies must follow very specific guidelines and procedures when placing a child with an adoptive family, including verifying that both the prospective parents and the child meet all the eligibility requirements.

CONCLUSION

Adopting a child from another country can be a complicated process, but with the help of an accredited agency and by following the Hague Convention guidelines, it can be a smoother journey. Do your research on which countries have signed on to this very important protection so that you know what to expect when adopting internationally. Remember that the goal of the Hague Convention is to protect adopted children, so families considering adoption should make sure they are comfortable with all the regulations set forth by this treaty.




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