On April 1, 2008, as the Hague Convention entered into force in the United States, the field of international adoption field changed forever. The implementation of the Hague Convention was the single most significant change to the process of international adoption since it’s beginning. It affected everyone, from our to foreign governmental authorities and agencies to prospective adoptive parents and children.
One way of tracing the changes that this convention has caused is through seeing how many adoption agencies have had to close since it’s implementation. In the first year since the implementation of the Hague Convention more than 1/3 of the adoption agencies have been forced to close their doors to families and prospective adoptive children.
First, lets talk about what the Hague Convention is.
It is commonly referred to as the Hague Convention, or just the Convention, being the only and the principal one guiding the intercountry adoption process, but it is actually recorded as The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. It is a multilateral treaty that was concluded and signed on May 29, 1993 in The Hague, Netherlands, and 75 countries have joined the Convention to date.
The United States signed the Convention in 1994, but it wasn’t until 2000, when the U.S. Congress passed the Intercountry Adoption Act, that the U.S. had the capability of implementation of the Convention. However, signing the Convention was only the first step, and it wasn’t until the the U.S. Senate gave its advice and consent authorizing U.S. ratification of the Convention, that the next step could be taken. The Department of State was designated as the U.S. Central Authority with respect to the Convention and completed all the necessary preparations in 2007.
The Convention entered into force for the United States on April 1, 2008.
Second, let’s address the changes to the Intercountry Adoption Process it caused.
Implementation of the Convention required several important changes to the way international adoption were handled in the United States.
First and most visible change was the new requirement for the adoption services providers to be accredited by an appropriate entity. Previously, adoption agencies were only required to be licensed by the states in which they had offices, but now the United States had an oversight authority with the power to determine if every individual agency was in compliance with the Hague Standards and therefore could grant or deny the right to continue to provide international adoption services. Agencies now had to be accredited on the State and National levels.
Other changes included requirements for written policies expressly forbidding agencies, employees, and agents, coordinators or facilitators, who operate under the supervision of an agency, from giving money to a child’s birth parents as payment for a child. Prohibition of child buying was one of the center-points of the Convention. A policy regulating incentive fees for locating children or placing children for adoption was another requirement to assure ethical practices. In addition, agencies were required to subject their finances to independent audits to comply with the new ethical standards.
Third, the Hague Quandary
Any undertaking of such proportion is inevitably plagued by complacency, indecision, overregulation, and met with blind resistance.
There was a need for a National Accrediting Entity that would enforce agencies’ adherence to the standards that were not standard yet. Agencies needed to operate in a manner compliant with the unpublished standards and log their cases into a database that was not functional yet. Prospective adoptive parents were presented with policies and procedures that were not applicable yet. No one had any experience adopting from a Hague Country yet, and no one wanted to be the first one to dive off the deep end.
As of today, the Hague Adoptions number in the hundreds, but we are still a long way away from the finalized, straight forward and transparent process this is one day bound to become. The Council on Accreditation took upon itself the enormous task of being the accrediting entity for the adoption agencies, ensuring compliance and providing assistance in transitional situations. Agencies are building upon the foundation provided by both Council on Accreditation and the US Department of State and developing their Hague Programs, ironing out little details. The national reporting database is slowly, some say - too slowly, is getting closer to a functional state, and parents and children from the Convention Countries are united together. We may not be there yet, and we are looking down the long road, but we already took our first steps and will not waiver in our determination.