Special Notice for International Couples

NOTICE TO INTERNATIONAL FAMILIES WISHING TO ADOPT FROM THE UNITED STATES

As many of you are already aware, the United States is currently in the process of implementing the Hague Convention on Intercountry Adoption (the Hague). The Hague was ratified on December 12, 2007, and is set to be fully implemented on April 1, 2008. This treaty will greatly impact all international adoptions. However, our agency is dedicated to helping you and your adoption process and will keep you fully informed about the Hague implementation and how it may affect your adoption.

As you may or may not be aware, the standards governing "outgoing" or "emigrating" cases (cases where a child is emigrating from the United States to another country) are under debate at this time. As they are currently written, our central authority (the Department of State) feels adoption agencies would no longer be allowed to show their international families to a birth mother choosing adoption until 60 days of reasonable efforts have been made to find a placement that would allow the child to remain in the United States. Obviously, we feel this provision was written without regard for the birth mother's wishes and is not in the best interest of the child, especially considering the kind of placements our agency performs.

This rule, however, could negatively impact placement time frames for international couples. Although we welcome international families at American Adoptions, we fear this interpretation, if left unchanged, could impact existing families and families wishing to join. It should be noted that these standards do not preclude you from adopting from the U.S., however, you will likely experience a longer wait time due to these new regulations. Even though some sections of the Hague standards are currently being debated, we will continue to keep you informed about the Hague process.

We are hopeful that our central authority may change their interpretation of this ruling. As mentioned above, several agencies and organizations are undergoing talks with our central authority hoping to positively change this ruling. We will keep all of our families updated as any new information becomes available. Please be sure to periodically check our Web site for any future updates.

FREQUENTLY ASKED QUESTIONS

How does this affect us if we are already active?

You would still be able to adopt, however, American Adoptions would have to comply with both the U.S. and your home country's Hague regulations. According to our central authority, "if the prospective adoptive parent(s) initiated the adoption process in their country of residence with the filing of an appropriate application before the date the Hague Adoption Convention enters into force with respect to the United States, then the Convention and the IAA will not apply in that case."

The term "appropriate application" will have varying definitions and is based on how the central authority in your home country defines this action. Each family will need to check with their central authority for that definition. The Department of State is currently trying to obtain this from several countries and will make it public once they receive answers to the majority of their inquiries. Until then, American Adoptions is attempting to make contact with these authorities ourselves. If you have any information about links, phone numbers, or e-mail addresses of someone at your central authority that we can contact directly, please forward this information to Mary Martin (mary@americanadoptions.com).

Because the Hague treaty is coming up, can you give me special treatment in showing our information to more birth mothers than other families?

Unfortunately, we can not ethically give any family special treatment. However, we are working very diligently to find you a placement just as we do for all of our families. If you would like us to review your APQ to open yourself up to more adoptions, we would be glad to take the time to help you.

Will we be grandfathered in?

Any family who received placement of a child prior to April 1, 2008, will automatically be grandfathered in. The term "placement" refers to a child who is already born and in your custody. Families who have not been placed, and are either active with our agency or in the process of joining, will need to consult with their central authority as stated above.

Is there anything we can do to try to speed up our adoption process and possibly avoid having to fall under the Hague restrictions?

Although there is no guarantee, it is possible that opening up your APQ to be as flexible as you can be could produce a higher chance of a faster match. We would encourage families interested in becoming more flexible with their APQ to concentrate on the areas of budget, race, health and substance use. Contact your Adoptive Family Specialist for more assistance if you are considering making changes to your APQ.

Is there a chance the Hague will not be implemented in April?

There is a possibility, but it is a very small one. The Hague process has undergone delays previously but it is impossible for us to know if that will occur in April. Since ratification took place in December, it is highly likely the April 1st implementation date will be met.

Is it advantageous for us to start paperwork and join now, or should we wait until negotiations have concluded with the Department of State so we know what, if any, changes have been made regarding the standards?

This is a decision that each family must make on its own. Though we are very confident that the standards will change in favor of "outgoing" or "emigrating" adoptions, it is not possible to predict the timeframe for these changes to occur, nor is it possible to predict the degree of change that will be made.

As stated above, there is nothing preventing an international couple from adopting in the United States. It is still a possibility, though the wait time will most likely be longer. Having a home study conducted is typically the longest process in adoption, so it would be wise to begin this process first (within your country's Hague regulations) and then decide how much further you would like to pursue activation. Any family who has chosen to fully activate with American Adoptions will automatically be shown to birth mothers within their APQ once word is received from the Department of State that we may again do this.

Although our central authority currently defines the standards in a way that prevents us from showing international families until 60 days of reasonable efforts have been made to locate a family in the United States, it is still possible to receive a placement. The waiting time will most likely be longer, but there is nothing written that says international families cannot adopt from the U.S. International placements are also permitted if the birth mother finds an adoptive family on her own and then approaches us for help.

We are very hopeful that talks with the Department of State are successful and we will soon see the results of our efforts to change the current standards.