Hague Convention Update

For those of you who are hoping for more than just diaper discussions from this blog, I thought I'd post an update on the political situation with the Hague Convention on Intercountry Adoption -- an "international treaty, completed in 1993, that is the first-ever agreement designed to govern the adoption process and protect children being adopted across national boundaries. Through their participation, the U.S., China, Guatemala, and more than 60 additional countries have signaled their intention to legitimize international adoption by agreeing that:


* Every child has the right to a permanent family, even when that family is in another country.


* Adoption of children between countries should take place via agreed-upon procedures that are ethical and orderly." (for more, see http://www.adoptivefamilies.com/articles.php?aid=1400)

In the past few weeks, there have been articles in both the New York Times and the Wall Street Journal that have given the impression that the US position on the Hague Convention and the current status of Guatemala (who has ratified the convention, but has not yet implemented the mandates) would halt adoptions between the two countries. ("Guatemala System Is Scrutinized As Americans Rush In to Adopt", NYT November 5, 2006) And that is simply misleading. In fact, here is a Q&A with Maura Harty, Assistant Secretary of State for Consular Affairs, and the one responsible for implementing the Hague Convention on Intercountry Adoption in the U.S:

Q: Guatemala ratified the Convention without having properly implemented it. What is the country’s current status?
A: The U.S. Department of State is encouraging Guatemala to pass implementing legislation this year. We’ve offered consultation and training to government officials, and believe that Guatemala will find an avenue to implement the Convention so that adoptions between our two countries can continue once we ratify.

Here, also, for those of you who want to dig further, is a statement from the US Department of State addressing the 'false rumor that Guatemala will halt adoptions': http://travel.state.gov/family/adoption/notices/notices_3042.html. This one was a rumor pointed the other way (that the 'halt' would come from Guatemala). And here's another link to the US DOS FAQ on Guatemalan adoption http://travel.state.gov/family/adoption/notices/notices_2859.html. [Thank you Steve Wingert for leading us here and for your reassurance!]

Here's the bottom line:

* Yes, the US plans to officially ratify the Hague Convention on Intercountry Adoption in 2007 and it will 'enter into force' three months after that.

* Yes, this is something that all reputable adoption agencies are fully aware of and on top of and that we discussed with ours (Heartsent) going into it.

* No, there has been no 'new' information about the convention and the standing of Guatemala since we began this process in August.

* Yes, it seems the media blew things out of proportion and put a 'fear factor' spin on existing facts and yes, that is unfortunate.

* Yes, Christopher and I are already far enough along in the process with the government that we would be grandfathered in regardless of when the ratification takes place.

* Yes, any and all of this information may change tomorrow ;-).

Thank you all for you concern -- we'll keep you updated on any new news!