Intercountry Adoption Policy and Law
The intercountry adoption system attempts to unify the legal systems, cultures and histories of two countries. While there are positive outcomes for adoptees, in practice it also:
- Failed to ensure human rights for adoptees
- Failed to ensure U.S. citizenship for adoptees
- Enabled the commoditization of children
- Erased or hid truthful information about birth parents and how adoptees entered a for-profit industry
International
Hague Adoption Convention 1993
The 1993 Hague Adoption Convention provides the best legal framework for an intercountry adoption system that protects the adoptee’s livelihood. It states:
“Intercountry adoptions shall be made in the best interests of the child and with respect for his or her fundamental rights and to prevent the abduction, the sale of, or traffic in children and each State should take, as a matter of priority, appropriate measures to enable the child to remain in the care of his or her family of origin.”
102 countries have signed and ratified the convention, which requires signatories to reform domestic policies and laws to be in compliance before ratification.
Nepal, Russia and South Korea have signed but not ratified.
United States
Intercountry Adoption Act 2000
This Act was intended to ensure U.S. policies and laws for intercountry adoption are in compliance with the Hague Adoption Convention 1993.
The Universal Accreditation Act 2012
The UAA went into effect in 2014 with the intention of ensuring that the adoption process between the U.S. and countries which have not ratified the Hague Adoption Convention 1993 followed the Convention’s rules.
Immigration and Nationality Act 1965 (INA)
The INA established the broad legal framework for U.S. immigration and citizenship. It was enacted in 1952, reformed in 1965 and does not guarantee citizenship for adoptees. If adoptees are not granted automatic citizenship through adoption it becomes the burden of adoptive families to navigate and complete the process.
Child Citizenship Act of (2000)
This Act was enacted on February 27, 2001 and expanded the paths for some adoptees to acquire automatic U.S. citizenship. It does not grant automatic citizenship to adoptees who were 18 or older on that date.
Equal Citizenship for Children Act (introduced)
This Act would provide U.S. citizenship retroactively to adoptees who do not meet the current requirements for automatic citizenship.
Senate: None
DREAM Act (introduced)
The Development, Relief, and Education for Alien Minors Act would grant lawful permanent resident status, a requirement for U.S. citizenship established by INA on a conditional basis to adoptees who were younger than 18 when entering the U.S.
Unlikely to Pass.
House: None
Hospital Adoption Education Act (introduced)
This Act would require the Department of Health and Human Services (HHS) to develop resources to promote the understanding of adoption in the health care industry.
Senate: None
ADOPT Act (introduced)
The Adoption Deserves Oversight, Protection, and Transparency Act would criminalize the commoditization of children in the U.S. through its adoption process.
Senate: None
PAPA Act (introduced)
The Protecting All Parents and Adoptees Act would establish a U.S. national registry of information about possible biological fathers for domestic adoptions.
Senate: None
In Good Standing Adoption Agencies Act (introduced)
This Act would establish a U.S. national list of licensed private child placement agencies for domestic adoptions.
Senate: None
South Korea
Special Adoption Act 2011
The Special Law on Adoption Promotion and Procedure (Act No. 11007, Aug. 4, 2011) went into effect in 2012 and has reduced the number of adoptees sent overseas.
It states that:
- International adoption is permitted if an adoptive family in Korea is not secured;
- Adoptees will gain greater access to their birth records;
- Pregnant women will not be forced to make a decision on possible adoption of their children before their births, and will have a seven-day period to deliberate on whether to keep or relinquish their children after delivery.
Ratifying the Hague Adoption Convention
102 countries have signed and ratified the Hague Adoption Convention 1993, which requires signatories to reform domestic policies and laws for compliance before ratification.
South Korea has signed, but not ratified.