By: Attorney Shira Truitt
The Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption is an international treaty that provides a legal framework for intercountry adoption and sets standards for the protection of children involved in intercountry adoption. The convention has been ratified by more than 80 countries and is designed to ensure that the best interests of the child are protected in intercountry adoption cases.
The Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption applies to adoptions that involve a child who is habitually resident in a contracting state (i.e., a country that has ratified the convention) and an adoptive parent or parents who are habitually resident in another contracting state. The convention is triggered when a child is being adopted by a parent or parents who are habitually resident in another contracting state, or when a child is being adopted by a parent or parents who are habitually resident in the same contracting state as the child but the adoption is being arranged through an intermediary.
The Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption is designed to ensure that the best interests of the child are protected in intercountry adoption cases. This includes ensuring that the child's consent is obtained if they are old enough to understand the adoption process, and that the child's physical and emotional well-being is taken into account.
The convention also provides for cooperation between contracting states in the area of intercountry adoption, including the exchange of information and assistance in the investigation of potential adoptive parents. It is designed to ensure that intercountry adoptions are carried out in a transparent and ethical manner, and that the rights of the child are respected.
In conclusion, the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption is an international treaty that provides a legal framework for intercountry adoption and sets out standards for the protection of children involved in intercountry adoption. The convention is triggered when a child is being adopted by a parent or parents who are habitually resident in another contracting state, or when a child is being adopted by a parent or parents who are habitually resident in the same contracting state as the child but the adoption is being arranged through an intermediary.
References:
Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption. (1993). Retrieved from https://www.hcch.net/en/instruments/conventions/full-text/?cid=24
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