Stricter requirements in respect of adoption from the United States
28 April 2009
Stricter requirements in respect of adoption from the United States
Press release | 28-04-2009
Adoption of children from the United States will become subject to stricter requirements. Minister Hirsch Ballin has submitted this policy directive in writing to the Lower House of Parliament. The reason for the above development is that there is currently some doubt as to whether current practice in the United States is in line with the basic principles of the Hague Adoption Convention, which has been signed by both the Netherlands and the United States.
The Hague Adoption Convention provides that, in respect of children to be adopted, it must first be established whether they can be adopted in their own environment or in their country of birth. Contacts conducted by the Ministry of Justice and the licensed adoption agency (accredited adoption agency) Stichting Kind en Toekomst with the American central authority and American licensed adoption agencies have shown that it is apparently easy to place very young children with American families. It seems, therefore, that there is no reason or necessity to justify the placement of these children outside the United States. There is also doubt as regards compliance with other provisions of The Hague Adoption Convention.
Minister Hirsch Ballin has decided, on the basis of the findings of the Ministry of Justice and Stichting Kind en Toekomst, to impose stricter testing of compliance with the conditions for mediation through a private or independent adoption agency or mediator. In addition, requests for mediation through an accredited body under the Convention will only be taken into consideration if these requests concern children of approximately five years of age and older, children who have been placed in the American foster care system, or children in respect of whom special conditions apply, for example on the basis of a medical indication, or where brothers and/or sisters are concerned, who, become demonstrably harder to place as a result of the desire to have them adopted together, into the same family.
The Ministry of Justice and Stichting Kind en Toekomst will continue to look for possibilities to cooperate with American licensed adoption agencies. This cooperation will, however, be subject to the condition that the working method in the United States is consistent with the Dutch interpretation of The Hague Adoption Convention.
Press release | 28-04-2009
Adoption of children from the United States will become subject to stricter requirements. Minister Hirsch Ballin has submitted this policy directive in writing to the Lower House of Parliament. The reason for the above development is that there is currently some doubt as to whether current practice in the United States is in line with the basic principles of the Hague Adoption Convention, which has been signed by both the Netherlands and the United States.
The Hague Adoption Convention provides that, in respect of children to be adopted, it must first be established whether they can be adopted in their own environment or in their country of birth. Contacts conducted by the Ministry of Justice and the licensed adoption agency (accredited adoption agency) Stichting Kind en Toekomst with the American central authority and American licensed adoption agencies have shown that it is apparently easy to place very young children with American families. It seems, therefore, that there is no reason or necessity to justify the placement of these children outside the United States. There is also doubt as regards compliance with other provisions of The Hague Adoption Convention.
Minister Hirsch Ballin has decided, on the basis of the findings of the Ministry of Justice and Stichting Kind en Toekomst, to impose stricter testing of compliance with the conditions for mediation through a private or independent adoption agency or mediator. In addition, requests for mediation through an accredited body under the Convention will only be taken into consideration if these requests concern children of approximately five years of age and older, children who have been placed in the American foster care system, or children in respect of whom special conditions apply, for example on the basis of a medical indication, or where brothers and/or sisters are concerned, who, become demonstrably harder to place as a result of the desire to have them adopted together, into the same family.
The Ministry of Justice and Stichting Kind en Toekomst will continue to look for possibilities to cooperate with American licensed adoption agencies. This cooperation will, however, be subject to the condition that the working method in the United States is consistent with the Dutch interpretation of The Hague Adoption Convention.