INTERCOUNTRY ADOPTION

1. Bureau of Consular Affairs, Office of Children’s Issues September 26, 2010 INTERCOUNTRY ADOPTION “Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding.” -Hague Adoption Convention, Preamble

2. Country Requirements • Whether adoptive parents must visit or live with the child prior to the adoption It is important to remember that: • Each country’s process is different • Each country’s process moves at a different pace Information on individual countries is available on adoption.state.gov Each country has the authority to regulate: • Which children are eligible to be adopted • Who is eligible to adopt • Whether an adoption decree or custody for the purpose of adoption will be issued • How an adoption must be processed

3. Preliminary Adoption Data for FY 2010 • Decline continues, but at a slower rate than previous years. At the current rate, adoptions for FY 2010 will be approximately 10,780 -- about 15% below FY 2009. This does not include Haiti Humanitarian Parole. • The major factor easing the overall decline is a 15% increase in adoptions in Africa—specifically Ethiopia and to a much lesser extent in Nigeria. • The largest country, China, has slowed from last year's pace of about 3,000 adoptions annually. • Ethiopia, the second largest country, is likely to increase about 14%, and could surpass China.

4. Europe • Adoptions in FY 2010 from Russia (the third largest country), Kazakhstan and Ukraine have declined faster than elsewhere: 30 – 35%. • Exceptions in the region, though actual numbers are small. • Poland about equal with last year • Bulgaria, Latvia, and Moldova all show increases

5. Asia • Taiwan (twelfth last year) slightly ahead of last year’s pace. • Other Asian “top twenty” countries South Korea, India, Philippines, and Thailand show at least some contraction. • South Korea (fourth last year) is about 20% below FY 2009. Almost certainly will be under 1,000 for the year, the first time in about two decades.

6. The Americas • The Americas now account for less than 10 percent of U.S. intercountry adoptions. • Guatemala currently not accepting new adoptions—an important factor in overall statistics. • For Haiti, actual case load might qualify for the 2010 “top three,” but most cases won’t appear in visa statistics because they were humanitarian parole • Three other “top twenty” countries: • Colombia stable • Mexico down • Jamaica up But actual numbers are small and trends not firm

7. The Purpose of Hague Accreditation • Ensure that adoptions are completed in the best interest of the child; and that adoptive and birth families are not exploited 22 CFR 96

8. Accredited/Approved ASP’s As of 08/15/2010 ASPsaccredited 197 Approved Persons 8 ASPs denied 14 The full list of accredited, approved and denied ASPs can be accessed via the DOS website at adoption.state.gov/hague/accreditation.html

9. A Two Track System • Convention • Federal Level Standards of practices • Central Authority • Vetting of case prior to adoption • Non-Convention – Fewer tools; more problems • Two Special Commissions call this out as a bad practice – 2005 & 2010 • United States alone

10. Why The Convention Works • The Convention works along with various child welfare systems to promote better lives for children worldwide. • Children and families benefit from transparent and ethical practices in the intercountry adoption process, regardless of country of origin. • Internationally recognized principles and standards safeguard the interests of children, birth parents, and adoptive parents. • Establishes a framework for processing intercountry adoption cases.

11. Diplomatic Efforts • Education of: • Consular Officers and Staff • Public • Coordination with USCIS • Central Authority to Central Authority talks • How the convention is implemented in the United States • Role of Accrediting Entities • Role of Accredited Adoption Service Providers/Approved Persons • Role of Embassies and Consulates as arms of Central Authority • Who does what • Exchange of Convention-related certificates

12. We have 80 partner Convention countries and more coming!

14. Ongoing Challenges • Central vs. regional authorities • Exchange of certificates • Issue of establishing formalities • Ongoing issues: • Waiver of vaccination requirement • Siblings ages 16-18 • Concerns of other Central Authorities about accredited bodies • Pressure to make children available • Ethical Standards • Local Representatives • Post Adoption Reports • Transition cases • We have our rules • So do other countries • No U.S. agencies are operating in some Convention countries • Some Countries Have Only Completed Part of the Process To Fully Implement the Convention • Countries with dual track domestic/intercountry processes • Dual nationals trying to use both

15. Summary of Protection • Communication Among Countries on Laws • Universal Standards and Practices Established by Hague Permanent Bureau • Establishes Central Authority to Monitor Country’s Adoption Policies • Certifies that Each Intercountry Adoption Meets Convention Norms and Requirements

16. Hague Complaint Registry Purpose: The registry is for anyone who has encountered a problem with a Hague Accredited Agencyand has been unable to resolve the issue with the agency. Criteria: The complaint must address a minimum of one Hague standard such as: risk management, ethical practices, information disclosure, etc. Complaints Entered:115 to date; 47 of those do not meet criteria; 68 undergoing review

17. OUTGOING ADOPTIONS FROM THE U.S. • As of September 9, 2010, the U.S. Central Authority issued 17 Hague Adoption Certificates and 2 Hague Custody Declarations certifying compliance with the Convention and the IAA in outgoing adoptions from the United States.  • The receiving countries in these adoption cases include Canada, the Netherlands, the United Kingdom, and South Africa. • The U.S. States of origin include California, Florida, Louisiana, Nevada, New York, Texas and Utah.

18. Foster Care Adoptions • Some Convention countries that are significant receiving countries have interest in adopting children From U.S. Foster Care.  • The U.S. Central Authority is working with U.S. state public adoption authorities and U.S. ASP’s accredited and approved for outgoing adoptions to facilitate outgoing adoptions from U.S. Foster Care.

19. Disruptions/Dissolutions • DISRUPTED ADOPTIONS: A disruption means the interruption of a placement for adoption during the post-placement period. • DISSOLVED ADOPTIONS: A dissolution means the termination of the adoptive parent(s) rights after a final adoption. • Depending on the specific circumstances of each case, the Department of State’s role in addressing them may vary greatly. • Reports of dissolutions and disruptions in Convention cases must be included in a annual report to the U.S. Congress. • From October 1, 2008, through September 30, 2009, no cases were reported to the USCA that fit this reporting requirement.

20. What To Do • The Hague Standards provide specific requirements for dissolution and disruption cases • Details are provided in 22 CFR 96.43(b), 96.50(e), 96.51(d) • Children CANNOT be returned from the United States to their country of origin unless: • The Central Authority in the country of origin has approved the return in writing AND • The U.S. Secretary of State has approved the return in writing

21. Department of State Resources • Adoption.State.gov AdoptionUSCA@state.gov (Hague Adoption Convention Questions) AskCI@state.gov (Non-Convention Questions) 1-888-407-4747 (From the U.S. or Canada) 1-202-501-4444 (Outside the U.S. or Canada)