Education and Child Matters

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The Hague Convention On The Protection Of Children And Co-Operation In Respect Of Intercountry Adoption

 

LINK TO THE HAGUE CONVENTION OF 29 MAY 1993 ON PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION

LINK TO GOVERNMENT WEBSITE FOR A21 LEAFLET – INTERCOUNTRY ADOPTION AND THE 1993 HAGUE CONVENTION – 8 PAGES

Before you read this webpage please allow us to explain the meaning of a few words and terms we will use in the write up below.

  1. HABITUALLY RESIDENT – To be habitually resident means this is where the child’s life is based, they are settled there, they go to school or college there, and their main family life is there.  
  2. ADOPTERS – The term adopter(s) refer to the individuals who are adopting the child
  3. INTERCOUNTRY ADOPTION – Intercountry adoptions occur when a child who is habitually resident in one country is adopted by adopter(s) who is/are habitually resident in another country. 
  4. MEMBER COUNTRIES – These are countries which have signed up to the above named treaty and follow its guidance and framework set for intercountry adoptions.

WHAT IS THE HAGUE CONVENTION ON PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION?

The 1993 Hague Convention on protection of children and co-operation in respect of intercountry adoption is an international treaty and agreement that safeguards intercountry adoptions. Intercountry adoptions are when a child who is habitually resident in a country is adopted by an individual(s) who is habitually resident in another country. The definition of habitually resident is below.

The aim of this treaty is:

  1. To stop the trafficking and exploitation of children. 
  2. To stop illegal and premature intercountry adoptions.
  3. To ensure all adoptions are in the best interest of the child
  4. To set international standards of practices for intercountry adoptions. 

This Hague Convention enables member countries to work in unison to sort out intercountry adoption cases. To do this the country from where the child was adopted and the country where the child will be taken to must both be parties to the convention/must have ratified the convention. 

If a child has been wrongfully adopted, adopted without the consent of a parent who has the rights of custody then this parent can submit an application to the Hague Convention so they can start proceedings to return the child.  

WHO DOES THIS HAGUE CONVENTION ON PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION APPLY TO?

All children aged from birth up to the age of 18 years.

HOW MANY COUNTRIES HAVE SIGNED UP TO THE HAGUE CONVENTION ON PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION?

Over 91 countries have signed up for the convention and ratified the treaty. These countries are called the Hague Convention States. 

LINK TO HCCH WEBSITE – LIST OF COUNTRIES THAT HAVE SIGNED UP TO THE TREATY 

THE TWO TYPES OF INTERCOUNTRY ADOPTIONS

There are 2 types of intercountry adoptions:

  1. An adoption where both countries are convention member states 
  2. An adoption where the countries involved are NOT convention member states.

WHAT ARE SOME OF THE IMPORTANT FEATURES OF THE HAGUE CONVENTION ON PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION?

Some important features of the treaty are:

  1. Every member country must have a central main point of contact whom parents, organisations, adoption agencies, local authorities, and anyone else involved in intercountry adoption cases can contact. This central main point of contact is referred to as the central authority of that country.
  2. The UK central point of authority for intercountry adoption is the department of education if you live in England and the Welsh government if you live in Wales.
  3. The central authority/main point of contact of a country has the responsibility to do the following:
    1. They must check all intercountry adoption applications and ensure they comply with all legislation. 
    2. They must ensure the adopters have forwarded all documents and information necessary.
    3. They will forward the intercountry adoption application and all other paperwork to the central authority of the country where the child is being adopted from. 
    4. They will help process the intercountry adoption application once the central authority of the country where the child is from have agreed the application and matched a child with the adopters.

LINK TO OUR L.I.P HELP GUIDE FOR INTERCOUNTRY CHILD ADOPTION

WHICH COUNTRIES HAVE RESTRICTIONS IN PLACE TO STOP CHILDREN FROM THAT COUNTRY BEING ADOPTED?

You will need to check at the time you are adopting whether the UK has placed any restrictions on adopting children from a  specific country. At the same time foreign countries could have also placed restrictions on anyone from the UK adopting children from their country. 

As of 23-02-2023 the UK has restrictions on adopting children from the following countries – Ethiopia, Nepal, Nigeria, Cambodia. 

If you want to adopt a child from a restricted country you can make an exception request. 

LINK TO GOVERNMENT WEBSITE FOR INTERCOUNTRY ADOPTION – EXCEPTION REQUEST (9 PAGES)