News: Hague Countries Gather to Address Global Issues in International Adoption

18
Jun

From Monday June 8 through Friday June 12, an international group of adoption stakeholders met to discuss the Hague Convention on Intercountry Adoption (the “Convention”) in the Hague adoption ConferenceNetherlands. This was the fourth meeting of the Special Commission to review the Convention. The purpose of this meeting was to analyze how the Convention has worked to further its goals over the past 20 years and discuss a way forward. Since the United States, Bulgaria, Burkina Faso, Haiti, and Mexico are all party to the Hague Convention, discussion topics at the conference may influence the adoption process for some MLJ Adoptions’ families in the future.

According to the draft agenda and the initial draft documents for the conference, several important issues regarding international were discussed including the following:

  1. Ensuring Convention procedures do not cause unnecessary delays contrary to the best interests of children – Those countries that are a party to the Convention must comply with what is referred to as the “Subsidiarity Principle.” This requires that permanent placements for a child in need of a family are first sought within the child’s country of origin, before the child is matched with a family outside of the country. This is an important aspect of the Convention, and as with all aspects of the Convention, each country will interpret the standard differently when implementing it in their country. Concerns were raised that the measures taken to comply with this principle rarely include deadlines for many countries. Bulgaria and Mexico are Convention countries that do impose deadlines. Bulgaria has a deadline of 6 months, which allows for compliance with the principle and for the children to spend less time in institutional care or foster care. Many Mexican States impose a deadline of approximately 5 years, in an effort to try to place a child first with a family in Mexico.
  1. Intercountry adoption of children with special needs – There is no global definition for a “special need” for international adoption. Even in a child’s country a “special need” many not be clearly defined. There is a wide range of what a country may consider a “special need.” The needs could range from a child needing glasses to very severe needs. Some countries, like Haiti and Bulgaria, have a different adoption process for children with “special needs.” In Bulgaria, the children can be viewed on our waiting child page. In Haiti, families adopting a child with a “special” need may be able to submit their dossier more quickly because there are additional dossier submission slots available for those adopting a child with a special need. The international community recognizes the necessity of being able to individually advocate for these children by sharing more information early in the process. Families can consider whether they would be in a position to meet the child’s need at the beginning of their adoption journey. The Hague Special Commission may explore the procedures and practices related to improving the sharing of child specific information while protecting the child’s privacy.
  1. Post-adoption matters – According to surveys received prior to this conference, it was found from those Convention countries participating, that post-adoption reporting requirements varied greatly from country to country. It was found that two to 19 reports were expected, with an average of 7 reports total. The reporting periods varied in duration from one to 18 years, with an average of 7 years.

There were several important developments that have been announced following the meeting, including that two African countries, Zambia and Cote d’lvoire, acceded to the Convention. The Convention will enter force in these countries in approximately six months. We hope that this is good news for the children in these African countries, that processes and procedures will be implemented to ensure that the best interests of children in need of families are ensured.

See www.hcch.net for more information and documentation regarding this conference, its draft agenda and the documents referenced.

Nicole Skellenger works as MLJ Adoptions’ Chief Executive Officer and Adoption Attorney. Nicole has spent time in orphanages with children who have nothing and are desperate for affection and has committed herself to using her skills to create better futures for these deserving children.

Nicole Skellenger works as MLJ Adoptions’ Chief Executive Officer and Adoption Attorney. Nicole has spent time in orphanages with children who have nothing and are desperate for affection and has committed herself to using her skills to create better futures for these deserving children.