|

|
 |
|
|
The Hague Convention on
Intercountry Adoption
La Vida International is a Hague Convention Accredited Agency
Nearly 14 years after signing it,
On April 1, 2008, The Hague
Convention on Intercountry Adoption will finally be implemented in the
United States.
All adoptions
between nations that have joined the convention will be guided by and
required to follow its regulations. The regulations were designed, through
increased transparency and structure, to make the international adoption
process safer for the child, birth family, and adoptive family. The United
States' implementation of The Hague Convention is a significant event and it
is important for all considering international adoption to understand the
implications.
It is important for every
family considering international adoption to have a good understanding of
the Hague Convention and its impact on international adoption, including the
rights of parents, the responsibilities of agencies and the protections
afforded to prospective adoptive parents, birth parents, and children.
Additionally, it is critical that families adopting children from countries
participating in The Hague Convention only choose to work with agencies that
are "Hague Accredited". La Vida is among the first agencies
to be accredited and can assist families adopting children from Colombia and
China, which are both a party to the Hague Convention.
What is the Hague Convention?
The Hague is an international treaty designed to
govern the international adoption process and protect children being adopted
across national boundaries. Representatives from more than 65 countries met
in The Hague, Netherlands to develop safeguards, standards, and practices
that would improve the safety of internationally adopted children. The
treaty concluded in May 1993 and the since that time, the U.S. government
has been passing legislation and developing regulations to implement this
treaty. The Intercountry Adoption Act was passed and implementing
regulations established.
To date, 74 countries have joined the Hague
convention and the new Hague regulations will apply only between countries
that have both ratified and implemented the Hague Convention. Unlike many
other countries, the U.S. does not have a tradition of federal, centralized,
government-supervised social welfare programs. Instead, international
adoptions are completed through private adoption agencies, attorneys, and
social workers almost exclusively under state law and the law of the foreign
country. The U.S. has now established its own central authority, The
Department of State, which has created standards to be
used in international adoptions and supervising agencies and service
providers.
Impact of the Hague Convention
The impact of the Hague Convention will be felt
directly by agencies working in countries covered by the treaty; however
there are elements that will also effect families. The principles of the
Hague Convention strengthen protections for children, birthparents, and
prospective adoptive parents in the adoption process. It provides a
framework for Convention countries to work together to ensure that adoptions
take place in the best interests of children and to prevent the abduction,
sale, or trafficking of children in connection with intercountry adoption.
Below are some of the highlights of the Hague Convention.
National Authority � The Hague Convention
requires that each country designate a Central Authority to oversee
international adoption. The U.S. Department of State has been designated
as the U.S. Central Authority.
Accrediting Entity � each country must
also designate entities to review and accredit service providers based
upon their practices, financial stability, and expertise. The U.S.
Department of State has initially selected 2 accrediting entities for
this role: the Counsel on Accreditation and the Colorado Department of
Human Services. The Council on Accreditation is an organization based in
New York that partners with human service organizations worldwide to
improve service delivery outcomes by developing, applying, and promoting
professional standards. The Colorado Department of Human Services is a
state-supervised, county-administered provider of traditional social
services, including programs such as public assistance and child welfare
services. The Department of State has been monitoring these accrediting
entities to ensure that each performs its functions properly.
Accredited Agencies (or Approved Agencies and
Persons) - Adoption Service Providers providing adoption services to
families adopting children from other countries that have also ratified
and implemented the Hague must be accredited, or approved in order to
provide adoption services. The accreditation regulations were published
in the Federal Register in February 2006 and are designed to ensure that
U.S. Adoption agencies perform their duties in a manner that is
consistent with the Convention and the Intercountry Adoption Act.
Standards of practice have been established with which adoption service
providers must conform and which form the basis for accreditation of
agencies or approval of persons. These standards of practice are based
upon several key principles: to ensure that intercountry adoptions take
place in the best interests of children; and to prevent the abduction,
sale, or trafficking of children in connection with intercountry
adoption.
The Accreditation Process � The
transitional application deadline (November 17, 2006) is the date by
which adoption service providers in the United States needed to submit
an application if they wish to be accredited, temporarily accredited, or
approved to handle Hague Convention adoptions when the Convention enters
into force for the United States. The accrediting entities are in the
process of accrediting agencies. Most are expected to receive site
visits by the accrediting entities in 2007 and some will take place in
2008.
Accreditation Standards
- The accreditation standards are organized into nine general categories:
Licensing and Corporate Governance -
These standards relate to the adoption service provider's compliance
with state licensing and similar requirements and to its corporate and
internal structure and internal oversight mechanisms.
Financial and Risk Management - These
budget, audit, insurance, risk assessment and compensation standards
address issues such as disclosure of financial information, financial
soundness, safeguards to prevent charitable donations from influencing
child placement decisions, contingency planning, risk assessment,
professional liability insurance, bonding of organization officials,
disclosure of vendor relationships, and compensation methods and levels.
Ethical Practices and Responsibilities -
These standards relate to the suitability of the organization to provide
adoption services consistent with the Convention. Included are standards
that address disclosure of information related to current and past
practices of the organization and its individual directors, officers and
employees and standards that address payments to birthparents and others
in connection with adoptions.
Professional Qualifications and Training for
Employees - These standards address the education, experience, and
training of various personnel of the organization. The education and
experience standards include standards relating to social work
supervisors, certain non-supervisory social service employees, and home
study and child background study preparers. The training standards for
social service personnel include standards on orientation training,
initial training, and continuing education.
Information Disclosure, Fee Practices, and
Quality Control Practices - Standards on information disclosure
primarily address disclosure to prospective clients of information such
as agency policies and practices, supervised providers to be used, and
the adoption services contract that the adoptive parents sign. The
standards on fee policies and procedures focus on fee-related
disclosures to prospective adoptive parents, including fee levels,
purposes for which the fees are paid, and fee collection and refund
policies and practices.
Responding to Complaints and Records and
Reports Management - The standards on complaints primarily address
complaint procedures and methods of improving adoption service delivery.
The standards on retention, preservation, and disclosure of adoption
records include standards on how adoption records are to be retained,
safeguarded, accessed and, when necessary, transferred. The standards on
case tracking, data management, and reporting focus on reporting of both
case-specific and general information to the accrediting entity and the
Department of State.
Service Planning and Delivery - These
standards address the responsibilities of a primary provider, the use of
U.S. and foreign supervised providers, and the use of other private
foreign providers. The standards on primary providers relate primarily
to the organization�s capacity to supervise.
Standards for cases in which a child is
immigrating to the U.S. - These standards relate to the preparation
of home studies, preparation and training of prospective adoptive
parents, the provision of medical and social information, post-placement
monitoring, and post-adoption services.
Standards for cases in which a child is
emigrating from the U.S. - These standards relate to child
background studies, birth parent consents, placement practices,
preparation and transfer of the child, and post-placement duties.
Immigration Changes
- Currently, the United States Citizenship and Immigration Service (USCIS)
provides final permission for a child to immigrate to the U.S. both before
the adoption is finalized abroad and in many cases, after the adoption is
finalized abroad. Under the Hague Convention regulations, the USCIS will now
review cases and provide immigration approval prior to the adoption being
finalized abroad.
Currently, in order for a child to be eligible to
receive approval to immigrate to the U.S. he or she must fall into several
categories: 1.) both parents deceased, 2.) legally abandoned, or have a sole
surviving birth parent caring for him or her. Under the Hague Convention a
child with two known birthparents can be eligible for adoption as long as
they are both unable to "meet his needs under standards of the child's
country of origin."
Below is a link to information
published by the Department of State for families. This publication
provides a great deal of additional information about the Hague Convention.
A general
guide for prospective adoptive parents to gain a basic understanding of the
elements of the Convention.
Published by the Department of State, Bureau of Consular Affairs
To download and open the file linked on this page you must have Adobe
Reader installed. If you do not have Adobe Reader installed on your computer
please click the button below to download the most current free Adobe reader
program.

La Vida International
150 S. Warner Rd., Suite 144, King of Prussia, PA 19406
Phone: 610.688.8008 Fax: 610.688.8028
Birth parents may call collect
e-mail:
info@lavida.org
web: www.lavida.org
© 1998 La Vida International
This page was last updated on February 29, 2007.
|
|