Peter Pfund Memo

Status: December, 1992

HAGUE CONVENTION ON INTERCOUNTRY ADOPTION

U.S. Federal Implementing Legislation -- Issues

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"DeHart has suggested that there may be only two legitimate grounds for

non-recognition [by Congress ratifying the Intercountry Adoption Convention &

Treaty]: (1) that the child was abducted from its biological parent(s); and

(2) the consent of the biological parent(s) was false or obtained by fraud.

Neither would nullify an adoption made either abroad or in the United States

as receiving State as contrary to public policy under the present wording of

convention Article 22 unless recognition would also be contrary to the

child's best interest."

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Preservation of Information Concerning the Child's Origin

"Article 25, as presently worded, requires States parties to the convention

to preserve "information concerning the child's origin" until the laws of

both countries involved in international adoption to have access to that

information. Such access may only become possible years or decades after an

adoption takes place. Many U.S. states have different provisions concerning

preservation of such information. Such information is likely to be gathered

mainly by countries of origin from which a child is adopted. In order for the United States to be able to comply with its obligations to other countries party to the convention under Article 25 to preserve such information, the federal legislation may need to impose a uniform preservation obligation throughout the United States. Federal legislation would presumably not impose any requirements for access, which would be left for the individual states of the United States to set."

---Peter Pfund, Assistant Legal Adviser

for Private International Law,

U.S. Department of State (12//92 Memo)

U.S. RATIFICATION OF INTERCOUNTRY ADOPTION ACT, 2000

HR 2909, signed by President Clinton, 10/6/00, includes the following:

TITLE V - GENRAL PROVISIONS. Sec. 502 Special Rules for Certain cases.

(b) WAIVER AUTHORITY.

(1) IN GENERAL.

Notwithstanding any other provision of this Act, to the extent consistent with the Convention, the Secretary may, on a case by case basis, waive applicable requirements of this Act or regulations under this Act, in the interests of justice or to prevent grave physical harm to the child.

.