The Regulation of Intercountry Adoption.
YU Faculty ORCID
YU Faculty Directory
MetadataShow full item record
As of January 2006, the United States was the only major receiver of children through intercountry adoption that had not implemented the 1993 Hague Convention on Intercountry Adoption (Hague Convention). The United States signed the Hague Convention in 1994, but did not pass implementing legislation until 2000. Regulations pursuant to the legislation were proposed in 2003, but final regulations did not go into effect until March 2006. The slow pace was partly the result of both Congressional wrangling over designation of a regulator and a prolonged conversation between the designated regulator and the adoption community over specific regulations. Finalization of the regulations brings the Hague Convention into force in the United States, but the current system is inadequate to protect the rights of all children and families as the Hague Convention intends. Two parts of the regulations are problematic, especially in combination. First, only substantial, not strict, compliance is required of adoption providers. Second, the United States encourages competition between accreditors of adoption providers. We argue that the regulations will increase the costs of adoption services but, at best, will not improve quality. We conclude that regulation of adoption should be centralized in order to comply with the intent of the Hague Convention.
Pollack, D. and Hansen, M.E. (2006-2007). The Regulation of Intercountry Adoption. Brandeis Law Journal 45, 105-126.
*This is contructed from limited avaiable data and may be imprecise.
The following license files are associated with this item:
Except where otherwise noted, this item's license is described as Attribution-NonCommercial-NoDerivs 3.0 United States
Showing items related by title, author, creator and subject.
Pollack, Daniel; Hansen, Mary Eschelbach (Association of Family and Conciliation Courts, 2008-04)Just as the courts must consider the trade-off between the best interest of the child and parental rights in involuntary termination of parental rights, policy on international adoption must consider the trade-offs ...
Pollack, Daniel; Baranowski, Steven M (The Imprint, 2021-03-18)Adoption practices continue to challenge the ethics of social workers due to myriad conflicting interests which have existed since the practice began. Dangerous informal child care arrangements in the early to mid 1900s ...