Hague Adoption Convention
The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption is an international convention dealing with international adoption, child laundering, and child trafficking in an effort to protect those involved from the corruption, abuses, and exploitation which sometimes accompanies international adoption. The convention has been considered crucial because it provides a formal international and intergovernmental recognition of intercountry adoption to ensure that adoptions under the convention will generally be recognized and given effect in other party countries.
Objectives
The preamble to the Convention states:The main objectives of the convention, are set out in Article 1:
- to establish safeguards to ensure that intercountry adoptions take place in the best interests of the child and with respect for his or her fundamental rights as recognized in international law,
- to establish a system of co-operation amongst Contracting States to ensure that those safeguards are respected and thereby prevent the abduction, the sale of, or traffic in children,
- to secure the recognition in Contracting States of adoptions made in accordance with the convention.
History
The convention was developed by the Hague Conference on Private International Law, the preeminent organization in the area of private international law. It was concluded on 29 May 1993 and entered into force on 1 May 1995. As of March 2019, the convention has been ratified by 99 states. South Korea, Nepal, and Russia have signed but not ratified it. Many countries which have not ratified the Convention do not permit foreign adoptions of their children nor adoptions of foreign children.In 2017 the subject was in the headlines as Madonna applied to adopt twin girls from Malawi. Justice Fiona Mwale approved the adoption, but after the case was settled she advised that Malawi should adopt the Hague Convention on Inter-country Adoption, to address the issue of "foreigners fly in to adopt a child".
Policies and procedures
With respect to the previous multilateral instruments which include some provisions regarding intercountry adoption, the Hague Adoption Convention is the major multilateral instrument regulating international adoption and calls for the need for co-ordination and direct co-operation between countries to ensure that appropriate safeguards are respected.The Hague Adoption Convention has several requirements. The adoption process includes establishing a "Central Authority" to serve as the country's primary contact in adoption processes; satisfying several checks for a child eligible for adoption, including verifying the propriety of the adoption under the laws of both countries; making a reasonable prior effort to facilitate a domestic adoption; and agreeing to use only certified adoption agencies.
Article III outlines the responsibilities that the entire process must be authorized by central adoption authorities designated by the contracting states. If fully implemented at the national level, the convention offers a protective framework against the potential risks of private adoption.
The Implementation and Operation of the 1993 Intercountry Adoption Convention: Guide to Good Practice, prepared by HCCH, provides assistance to the operation, use and interpretation of the convention.