Intercountry Adoption Research Guide

Compiled by Laura M. Cancilla, J.D. Candidate 2009

Nova Southeastern University, Shepard Broad Law Center

Updated March 14, 2008

Table of Contents

  1. Overview
  2. Introductory Texts
  3. Key Abbreviations
  4. Dictionaries and Directories
  5. Treaties
  6. Principal Institutions Involved (IGOs and NGOs)
  7. Legislation
  8. Case Law
  9. Selected Journals and Articles
  10. Secondary Sources
  11. Treatises by Experts
  12. Blogs
  13. Multimedia Resources
  14. RSS Feeds
  15. Research Guides
  16. Example
  17. Conclusion
  18. Suggestions for Further Reading
  1. Overview—
  2. Intercountry adoption, also called international adoption, transnational adoption, or transracial adoption, is an increasingly popular option for couples wishing to start or add to a family. However, concerns about child abduction and trafficking have led countries and international organizations to adopt procedures to protect the interests of children and families.
  3. This pathfinder is intended to outline available resources on the Hague Convention governing intercountry adoption and select related treaties. It will provide a starting point and broad overview of the topic rather than an exhaustive list of resources or procedures to follow in pursuing intercountry adoptions.
  1. Introductory Texts
  2. Intercountry Adoptions: Law and Perspectives of "Sending" Countries, Eliezer D. Jaffe ed., M. Nijhoff Publishers, 1995 (reference text for legal experts and adoption workers on details of 12 sending countries’ adoption laws).
  3. Intercountry Adoption from China: Examining Cultural-Heritage and Other Postadoption Issues, Jay W. Rojewski, Bergin & Garvey, 2001 (focuses on post-adoption issues).
  4. International Korean Adoption: A Fifty-Year History of Policy and Practice, Kathleen Ja Sook Bergquist ed., Haworth Press, 2007 (collection of research on dispersal of Korean orphans and resulting impact on cultural identity).
  5. Transnational Adoption: A Cultural Economy of Race, Gender, and Kinship, Sara K. Dorow, New York University Press, 2006 (a study of the U.S. and China adoption program).
  6. The Politics of Adoption: International Perspectives on Law, Policy & Practice, Kerry O’Halloran, Springer, 2006 (also available as e-book, password required; a comparative analysis of adoption laws in the United States and United Kingdom and the cultural experiences of family and adoption in indigenous peoples).
  7. Adopting Maternity: White Women Who Adopt Transracially or Transnationally, Nora Rose Moosnick, Praeger, 2004 (discussion of race, class and gender in adoption).
  8. Dim Sum, Bagels, and Grits: A Sourcebook for Multicultural Families, Myra Alperson, Farrar, Straus and Giroux, 2001 (author draws on her experience adopting a daughter from China in discussing issues facing multi-ethnic families).
  9. Adoption Across Borders: Serving the Children in Transracial and Intercountry Adoptions, Rita James Simon, Rowman & Littlefield, 2000 (includes case studies of individual families).
  10. How to Adopt Internationally: A Guide for Agency-Directed and Independent Adoptions, Jean Nelson-Erichsen, Mesa House, 2000 (authors are parents to three adopted Colombian children; book breaks down the process into a step-by-step guide and outlines the adoption procedures in 86 countries).
  11. West Meets East: Americans Adopt Chinese Children, Richard Tessler, Bergin & Garvey, 1999 (a reference for families considering adoption and legal practitioners assisting them).
  12. Cross-Cultural Approaches to Adoption, Fiona Bowie, Routledge, 2004 (Examines cross-cultural attitudes toward raising children in extended families and the resulting effects on adoption practices in Asia, Africa, and Central America).
  1. List of Key Abbreviations
  2. OAS (Organization of American States)
  3. UNICEF (United Nations Children’s Fund)
  1. Dictionaries and Directories
  2. Questia (Online library)
  3. WorldLii (International family law resources)
  4. EISIL (American Society of International Law electronic research system)
  5. Cornell University Law Library
  6. GlobaLex (International law research)
  1. Treaties
  2. Convention on Protection of Children and Co-operation in respect of Intercountry Adoption (The Hague, 29 May 1993). Convention and

Intercountry Adoption Section

  1. Convention on Jurisdiction, Applicable Law Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children (The Hague, 19 October 1996). (This convention says that it does not apply to adoption; however, it does help determine who has proper jurisdiction over the child for the purposes of custody decisions.) Convention Text
  2. Convention on the Rights of the Child (United Nations, 20 November 1989) Convention Text
  3. OAS Inter-American Convention on Conflict of Laws Concerning the Adoption of Minors Convention Text
  4. Council of Europe—Treaties on Family Law—Rights of Children List of Treaties and Conventions
  1. Principal Institutions involved
  2. Hague Conference on Private International Law (a global intergovernmental organization with over 60 member states).
  3. Hague Conference--Intercountry Adoption Section (Links to full text of Convention, ContractingStates, and Country Profiles)
  4. United Nations Committee on the Rights of the Child (United Nations High Commissioner for Human Rights, monitoring body for children’s rights)
  5. Inter-American Children's Institute (OAS) (includes links to other IGO’s, NGO’s, and Government Organizations by country)
  6. UNICEF
  7. United Nations Committee on the Rights of the Child
  8. U.S. Department of State--Intercountry Adoption site links to:
  9. (Overview of State Department’s role in intercountry adoptions with link to full intercountry adoption booklet detailing visa requirements).
  10. Intercountry Adoption News (Developments in intercountry adoption law)
  11. Country Specific Information (Alphabetical listing of countries with links to information on how to proceed with an adoption in a particular country)
  12. Adoption Information (Links to additional adoption resources)
  13. Hague Convention on Intercountry Adoption (Links to additional resources referencing the Hague Convention)
  14. Orphan Visa Statistics (Provides annual statistics on top countries of origin since 1990)
  15. State Department Private International Law Database--Family Law (Archive of Private International Law Database, maintained by the Office of the Assistant Legal Adviser for Private International Law (L/PIL) at the U.S. Department of State. Last update January 20, 2001, with link to State Department website for newer resources)
  16. State Department Fact Sheet--Hague Convention on Intercountry Adoptions (updated April 2007, provides facts and statistics on U.S. ratification of the convention, the State Department’s role in intercountry adoptions, and FY 2006 statistics on the top five countries from which U.S. citizens adopted children).
  17. U.S. Citizenship and Immigration Service (Intercountry adoptions page, includes links to relates websites)
  18. Child Welfare Information Gateway (a service of the Children's Bureau, Administration for Children and Families, U.S. Department of Health and Human Services , provides overview of intercountry adoption)
  1. Legislation
  2. The Intercountry Adoption Act of 2000, 42 U.S.C.A. § 14901-14954 (free link at 42 U.S.C. 14901 or Lexis link, password required) (Chapter 143 Intercountry Adoptions, federal law implementing the Hague Convention on intercountry adoption) (portions of this act become effective April 1, 2008).
  3. 22 C.F.R. § 42.24 Adoption under the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption and the Intercountry Adoption Act of 2000 (eff. October 30, 2007. The most recent update for this chapter on the Code of Federal Regulations is October 1, 2007, so the text of this regulation is not yet available online through the Government Printing Office. However, it is available through the Lexis link, password required).
  1. Case Law
  2. The United States has recently become a party to the Hague convention on intercountry adoption. As such, the relevant portions of the Intercountry Adoption Act become effective April 1, 2008.
  3. Westlaw (password required)
  4. LexisNexis (password required)
  1. Selected Journals (password required for online access via NSU Law Library and Hein Online):
  2. General information on intercountry adoption:
  3. Rosanne L. Romano, Intercountry Adoption: An Overview for the Practitioner, 7 Transnat’l Law 545 (1994).
  4. Jena Martin, The Good, the Bad & the Ugly - A New Way of Looking at the Intercountry Adoption Debate , 13 U.D. Davis J. Int’l L. & Pol’y 173 (2006-2007).
  5. Nicole Bartner Graff, Intercountry Adoption and the Convention of the Rights of the Child: Can the Free Market in Children Be Controlled, 27 Syracuse J. Intl L. & Com. 405 (2000).
  6. Brandi R. Foster, Evolution of the “Traditional Family”: A Comparative Analysis of United States’ and United Kingdom’s Domestic and International Adoption Law, 14 Ind. Int’l and Comp. L. Rev. 315 (2003-2004).
  7. Gina M. Croft, The Ill Effects of a United States Ratification of the Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption, 33 Ga. J. Int’l & Comp. L. 621 (2004-2005).
  8. Peter H. Pfund, Intercountry Adoption: The 1993 Hague Convention: Its Purpose, Implementation, and Promise, 28 Fam. L. Q. 52 (1994-1995).
  1. Country-specific articles—
  2. New Zealand (receiving country)—J. Couchman, Intercountry Adoption in New Zealand - A Child Rights Perspective, 27 Victoria U. Wellington L. Rev. 421 (1997).
  3. South Africa (sending country)—Tshepo Mosikatsana, Intercountry Adoptions: Is There a Need for New Provisions in the Child Care Act, 16 S. Afr. J. on Hum. Rts. 46 (2000).
  4. Romania (sending country)—Carrie A. Rankin, New Child Protection Legislation: Change in Intercountry Adoption Law Results in aHuman Rights Violations, 34 Syracuse J. Intl L. & Com. 259 (2006-2007).
  5. Guatemala (sending country)—Katherine Sohr, Difficulties Implementing the Hague Convention on the Protection of Children and Co-Operation in Respect of Intercountry Adoption: A Criticism of the Proposed Ortegas Law and an Advocacy for Moderate Adoption Reform in Guatemala, 18 Pace Int’l L. Rev. 559 (2006).
  6. Cambodia (sending country)—Kelly M. Wittner, Curbing Child-Trafficking in Intercountry Adoptions: Will International Treaties and Adoption Moratoriums Accomplish the Job in Cambodia,12 Pac. Rim L. & Pol’y J. 595 (2003).
  7. India (sending country)—David M. Smolin, The Two Faces of Intercountry Adoption: The Significance of the Indian Adoption Scandals, 35 Seton Hall L. Rev. 403 (2004-2005).
  8. Colombia (sending country)—Suzanne Hoelgaard,
    Cultural Determinants of Adoption Policy: A Colombian Case Study, 12 Int’l J. L. Pol. & Fam. 202 (1998).
  1. Secondary sources
  2. 2 Am.Jur. 2d Adoption § 46 (Intercountry Adoptions).
  3. Am. Jur. 2d Aliens and Citizens § 387 (Adoption in Foreign Country).
  4. C.J.S. Adoption of Persons § 14 (Intercountry Adoption Act) and § 48 (Intercountry Adoptions).
  5. Treatises by Experts
  6. The International Survey of Family Law 2007, Andrew Bainham ed., Jordan Pub., 2007 (published annually by The International Society of Family Law, providing information on current developments in family law in 25-35 nations per year).
  7. The International Adoption Guide: How to Legally Adopt a Child in Over 80 Countries, J.P. O'Connor, Chancellor Publications, 1994 (a guidebook providing brief country-specific adoption information; see Adoption guide praises U.S. lawbreaker for a critique of this publication).
  1. Blogs
  2. FBIBlog (FBI’s Office for Victims Assistancehelps couples who were targets of adoption scams; also links to brochures for victims of human trafficking and children affected by crime).
  3. Hague Convention Best Practices for Intercountry Adoptions (this blog posting is a comprehensive document by international adoption agency Holt International Children's Services, which outlines the recommended elements for intercountry adoption laws under the Hague Convention and compares the applicable laws and procedures for common sending countries China, Colombia, Guatemala, India, Korea, The Philippines, Russia, and Thailand.)
  4. Misplaced Baggage (blog by three Vietnamese adoptees)
  5. Family Law Prof Blog (this blog provides topical links to other family law resources and websites and includes posts on Hague Convention implementation in the United States).
  6. Adopted (blog associated with documentary on transracial adoption).
  1. Multimedia—
  2. Videos—
  3. International Adoption as a Last Resort (clip from Adopted discussing why international adoption should be a last resort and public policy alternatives to adoption).
  4. International Adoption Workshop (Intro)
  5. Adopted: Chinese v. Adopted Chinese
  6. PowerPoints—IntercountryAdoption (Finland)
  7. Podcasts—
  8. MUSC International Adoption Clinic (for families considering overseas adoption)
  9. International Adoption--Corruption and Regulation
  1. RSS Feeds
  2. FBI RSS feed (FBI’s Office for Victims Assistancehelps couples who were targets of adoption scams; also links to brochures for victims of human trafficking and children affected by crime).
  3. Family Law Prof Blog (follow link on right side of page to subscribe).
  4. Immigration Prof Blog (follow link on right side of page to subscribe).
  1. Research Guides—This pathfinder incorporates resources from:
  2. International Family Law: A Selective Resource Guide by Marylin J. Raisch (August 14, 2000)
  3. International Adoption by Helen V. Koustova (January 26, 2007).
  1. Example – If a client consulted an attorney about the feasibility of adopting a child from another country but were also concerned about ensuring that the child had been properly placed for adoption, the attorney would want to consult the list of Hague Convention signatories and the associated commentary to help the couple find a country whose adoption procedures comply with Hague Convention best practices.
  1. Conclusion—

Intercountry adoption encompasses a broad range of issues. Narrowing down this field of research will necessarily depend on the nature of one’s role in such an adoption—prospective parent, child advocate, or facilitating attorney. The abundance of resources directed towards prospective parents paint a warm and benevolent picture of a happy family. However, as some of these resources will demonstrate, this dream sometimes comes at the cost of another family’s security because intercountry adoptions may be intertwined with child abduction and trafficking. The purpose of this pathfinder was to narrow the scope of the research to the Hague Convention and closely related treaties in an effort to present a more balanced picture of the realities of intercountry adoption.

  1. Suggestions for Further Reading—

The following links to U.N. Committee on the Rights of the Child—Reports of States Parties to the Convention provide interesting facts on family law in those countries, including the general development of that nation’s family law, relevant statutes, and noteworthy cases.

Republic of Moldova

Republic of Poland

India

Macau Special Administrative Region