Understanding International Adoptions
When it comes to adoptions, there are a couple different methods that prospective parents can choose from. One of the first decisions you have to make is if you want to go through a domestic adoption, meaning you are adopting a child within the United States, or an intercountry adoption, meaning you are adopting a child from another country and bringing that child back to the United States to live with you. Both types of adoptions can be difficult and tedious, but intercountry adoptions have specific rules and regulations that domestic adoptions do not.
Hague vs. Non-Hague Adoptions
Two types of intercountry adoptions exist for U.S. citizens: Hague and non-Hague adoptions. The country you decide to adopt from will determine which process you will adopt by.
The Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, also known as the “Hague Adoption Convention,” is an international treaty that was created to protect the best interests of children, birth parents, and adoptive parents involved in adoptions.
Countries involved in the Hague Adoption Convention include:
- United Kingdom
- Sri Lanka
- South Africa
If a country is …
Legal Issues in Illinois Adoptions of Children Born Outside the U.S.
Adoption has been in the news more than usual of late. The reason: politics. Surprisingly, the issue of adoption is at the center of special counsel Robert Mueller’s investigation of possible obstruction of justice on the part of the current U.S. presidential administration. While some people believe that members of Donald Trump’s presidential campaign met with Russian officials with the purpose of influencing the 2016 presidential election, the administration contends that its members met with a prominent Russian attorney to discuss the issue of the adoption of Russian children.
Beyond its political dimension, this news highlights the increased complexity of situations in which adoptive parents and children are of different nationalities. In these cases, it is important to secure the services of an attorney who understands the laws surrounding international adoption.
The Hague Convention Applies to Intercountry Adoption
For a strictly domestic adoption of a child by an Illinois resident or family, the Illinois Adoption Act is applicable. However, in the case of intercountry adoption, in which a citizen of one country adopts a child from another country, one must look to both the laws of the country of which the child is a citizen and the Hague Convention.