What is it?

The treaty's full name is Convention of 29 May 1993 on Protection of Children and Co-operation in respect of Intercountry Adoption. This treaty was created to give countries means of implementing article 21e of the 1989 United Nations Convention on the Rights of the Child. Article 21e states:

Promote, where appropriate, the objectives of the present article by concluding bilateral or multilateral arrangements or agreements, and endeavour, within this framework, to ensure that the placement of the child in another country is carried out by competent authorities or organs.

Intercountry adoption was being viewed and debated from the perspective of children's human rights for the first time. Rights of the Child declared that children have the right to:

• life
• free education
• health care
• play
• grow up in a family environment that respected their differences
• learn and speak the language of their culture
• not be forced into the military
• receive special help to help heal from neglect or abuse

The Hague Adoption Treaty expresses 3 goals:

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.

The authors of the Hague Adoption Treaty clearly identify their belief that intercountry adoption without controls may led to human trafficking in children. And intercountry adoption without controls leads to disrespecting a child's human rights. Approximately 40% of all countries have ratified the Hague Adoption Treaty from 1995 to 2008.

How much does it cost?

U.S. adoption agencies must be accredited by Council on Accreditation (COA) or the Colorado Department of Human Services (CO) prior to provide services for Hague Adoption cases. This accreditation process costs the agencies money. COA/CO is only allowed to charge for covering the costs of accreditation. They aren't supposed to be making a profit.

2007/2008 fees

• New Applicant Application Fee - $675
• Annual Monitoring & Oversight Fee - $800

The agency can decide to apply for accreditation or temporary accreditation.

• Accreditation/Approval Fee - $6,850 to $12,000
• Temporary Hague Accreditation Fee - $1,800 to $2,400

The agency will need to redo their accreditation every 4 years. Or every 1-2 years if they are doing the temporary accreditation program.

Heritage Adoption Services provided an estimate of their costs.

Heritage estimates that the first round of accreditation has cost our agency approximately $90,000. This includes fees paid directly to Council on Accreditation, staff time, financial audits, staff training expenses, and much more. All agencies will be re-accredited every three or four years, so this will become a re-occurring expense. We estimate that the ongoing cost of maintaining our accreditation will be at least $25,000 annually – in staff time, fees paid, and ongoing expenses, such as the regular financial audits required. Heritage hopes that fundraising will cover some of these costs, but it is likely that the expense of maintaining our Hague accreditation will mean an increase in fees paid by adopting families as well

Adoptive families are therefore indirectly paying for these accreditation costs. There are no means of determining how much this increases the overall cost of an intercountry adoption.

What are the requirements to adopt?

 This treaty doesn't modify any requirements for adoptive families such as age or weight. These are still controlled by a U.S. citizen's state laws and the sending country's adoption laws. But additional requirements are placed on the adoption service providers.

Each country has implemented the Hague Adoption Treaty slightly differently. For example some countries don't allow intercountry adoptions except when the other country has also implemented the treaty.

The United States doesn't have this restriction. It only applies Hague Adoption regulations to intercountry adoptions when the other country has implemented the adoption treaty, too. This means that independent intercountry adoption continues to be possible for American citizens with countries who haven't implemented the treaty.

The new requirements on agency agencies and other service providers are about transparency. Accredited providers must tell the COA/CO about:

• Any written complaints against their agency
• Past or pending investigations by public authorities against their agency
• Instances in which their agency’s license has been suspended or cancelled
• Instances when their agency has been found guilty of a crime or any civil or
• administrative violation
• Disciplinary actions against their agency
• Bankruptcy petitions

Agencies are required to provide a sample adoption services contract to adoptive families. They have to spell out all their service fees and refund policy during first contact with a potential adoptive family. Adoptive families can request and the agency must disclose:

• The number of adoption placements per year for up to three years prior, and the number and percentage of those placements that remain intact, are disrupted, and have been dissolved
• The number of parents who apply for adoption on a yearly basis
• The number of children eligible for adoption and awaiting an adoptive placement referral via the adoption service provider

The adoption service provider is required to provide six adoption services.

1. Identifying a child for adoption and arranging an adoption;
2. Securing the necessary consent to termination of parental rights and to adoption;
3. Performing a home study and reporting on prospective adoptive parents or a background study and report on a child;
4. Making non-judicial determinations of a child’s best interests and of the appropriateness of an adoptive placement;
5. Monitoring a case after a child has been placed with prospective adoptive parents until final adoption; and
6. Assuming custody of a child and providing childcare or any other social service, when necessary, because of a disruption pending alternative placement.

What types of children are available for adoption?

This is varies from country to country. But intercountry adoption is generally completed for children who are 4 years or older.

What is the process for adopting a child?

The process from the perspective of the adoptive family hasn't changed very much. Families still have to:

• research and decide on adoption option
• research and decide on adoption agency
• create adoption dossier
• immigration forms
• adopt child

But now adoptive families have more tools for aid with researching and decision making. United State families can start their adoption research by reading the Prospective Adoptive Parents Guide. This document is written by the United States Department of State and outlines what services and information adoptive families should expect.

While researching agencies, families should always verify the agency's accreditation status.

Do the hopeful adoptive parents meet the expecting mother or birth mother?

This will depend on the specific country's culture and laws.

How is this form of adoption different from other forms?

Hague adoption cases will typically take longer to complete and cost more because there is an additional layer of documentation and investigation.

U.S families adopting from a Hague country use the I-800 or I-800A form. Families who are adopting from non-Hague countries continue to use the I-600 and I-600A forms.

Note: The United States and Somalia as of December 2005 are the only 2 countries who haven't signed the 1989 United Nations Convention on the Rights of the Child.

Information from the Council on Accredidation: click here