Skip to main content
Unpublished Paper
Sending American Children Abroad: An Analysis of U.S. Adoption Practices After the Ratification of the Hague Convention on Intercountry Adoption
ExpressO (2013)
  • Jessica J. G. Johnson
Abstract
While many people accept the fact that Americans and Europeans regularly adopt children from foreign countries such as China and Ethiopia, a different trend is becoming more common today. American-born children are being adopted by people living in foreign countries. This fact is not in itself bad or immoral; however, it clearly violates the Hague Convention on International Adoption which was fully integrated into U.S. law in 2008. This treaty has a provision known as the subsidiarity rule which states that all available options within the home country must first be considered before allowing a child to be adopted by foreign parents. As a signatory to this Convention, the United States is bound to follow its provisions. The following comment will explore the formation of this rule and its acceptance in the international arena, as well as the legal authority explaining why the U.S. is bound to follow this rule. A three-prong test is proposed, which analyzes the different parts of the subsidiary rule that must be followed. Also included is a template for a new U.S. statute which insures compliance with the Hague Convention on Intercountry Adoption.
Keywords
  • International,
  • adoption,
  • Hague Convention Intercountry Adoption
Disciplines
Publication Date
July 4, 2013
Citation Information
Jessica J. G. Johnson. "Sending American Children Abroad: An Analysis of U.S. Adoption Practices After the Ratification of the Hague Convention on Intercountry Adoption" ExpressO (2013)
Available at: http://works.bepress.com/jessica_johnson/1/