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03.07.2007 - Hague Update
The Hague accreditation and approval application period is underway. Over 300 agencies have applied for accreditation
with a targeted date of completion being December 2007. The accreditation of all applicants will be announced on the
same day, with ratification of the Hague three (3) months later. The Hague and the regulations will not be implemented
until ratification is complete. EAC has submitted its application with council on accreditation and is working
diligently to complete the remainder of the process.
10.06.2006
The substantial compliance system for full Hague accreditation and approval has been approved by the
department of State. The applications for agencies to complete and submit will be available on Monday,
October 9, 2006.
Following a 6 week application period there will be a period of several months during which agencies
can complete the accreditation process. EAC has been working on its documentation in anticipation of
the Hague and is fully prepared to move forward with the accreditation process.
The biggest news of the year is The Hague Treaty!! Here is the current information
regarding The Hague and the potential effects on any United States Citizen attempting to adopt
from any countries.
- Are you aware that international adoption is about to become much more complicated?
- In less than twelve months everyone will have to follow these new complicated laws and rules.
If you are interested in adopting again, you need to pay close attention to the upcoming Hague Treaty
and the impact it will have on your adoption, as it affects all countries. European Adoption
Consultants is preparing to comply with the Hague regulations. We will update you with new
requirements as they continue to evolve.
At this time it is most important for adoptive families to be educated as to the risks and timing of
an international adoption. Families should choose a stable, efficient agency. If families are
planning to adopt within the next few years, they should choose their agency carefully and get their
paperwork started as soon as possible. Presently it is not clear how many agencies or which countries
will be able/willing to comply with The Hague.
Hague Treaty
The Hague Convention on Protection of Children and Intercountry Adoption is a multilateral treaty
approved in 1993 at The Hague by 66 member countries. The Convention sets up policies and procedures
for countries that participate in intercountry adoption. The goal of The Hague is to protect the
rights of the children, birth parents, and adoptive parents involved in intercountry adoption and
prevent child-trafficking or abuses.
The United States signed The Hague on March 31, 1994 but it is not bound to The Hague because it has
not yet ratified it. The United States intends to complete the regulations for implementation of The
Hague and ratify this act in 2007/8. At that time the U.S. Department of State will become active as
the Central Authority of Inter Country Adoption for the USA.
- On 10/16/2000, President Clinton signed into law the Intercountry Adoption Act of 2000 (IAA).
In accordance with U.S. law, all legislation must have regulations. The U.S. regulations must:
- Specify the standards agencies must comply with to become accredited
- Establish requirements which accrediting entities will use to qualify for accreditation
- Set procedures for incoming and outgoing adoptions that safeguard The Hague and IAA
- On February 15, 2006, the U.S. Department of State published the final version of the Hague
regulations in the Federal Register.
- The Department of State is currently establishing the accreditation processes for the
implementation of The Hague. Council on Accreditation (COA) will most likely be the national
accrediting agency. After the accreditation procedures are finalized, the Department of State will
announce the timeframe for adoption agencies to obtain Hague accreditation. There will be a specific
Hague/COA process for agencies to follow. These procedures are not yet established and do NOT mirror
the current COA processes with which some agencies have already completed. Thus ALL agencies will be
required to comply with the NEW HAGUE/COA accreditation.
Benefits of the Hague:
- Will provide formation of international and intergovernmental recognition of international
adoption, including a central authority in each party country.
- Standards will be raised for adoption agencies/providers.
Evaluation of The Hague:
- Only applies to other Hague party countries thereby creating two systems.
- Requirements will be difficult or nearly impossible to follow in some countries under
the current adoption laws. (Example: Guatemala signed The Hague in 2003, only to declare it
unconstitutional according to their laws.) These changes will be costly for all agencies,
especially small agencies.
- The following information will be requirements for agencies to follow:
- Budget of the agency must be approved. With specific new rules about financial reporting,
and maintaining sufficient cash reserves for approximately two months.
- Professional liability insurance must be carried by the agency in no case less than
$1,000,000.
- Training requirements for newly hired and current employees. Complicated and extensive
requirements for the agency to establish qualifications of staff/training. Additional
documentation must be written, as to agency policies. The agency must be operating for three
years to receive COA accreditation. Most countries require that an agency operate for a
minimum of five years to be accredited in that country.
- There will be additional, more specific requirements for home studies.
- Specific new Hague procedures will be established for an adopted child to receive
immigration approval to the U.S., as well as additional requirements after immigration of the
child.
For more information regarding the International Hague Treaty directly from the source, please visit the U.S. Department of State
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