For the Best Interests of the Children: Why the Hague Convention of Intercountry Adoption Needs to Go Farther, as Evidenced by Implementation in Romania and the United States

Abstract

International adoption is a common occurrence in today’s society. In order to address the dangers linked with international adoption such as baby trafficking, the members of the Hague Conference on Private International Law produced the Hague Convention on Intercountry Adoption in 1993, setting forth a minimum base of standards that every ratifying government must abide by, placing the best interests of the child above all other considerations. The United States, via the Intercountry Adoption Act of 2000, is well on its way to fully realizing the Hague Convention mandates. Romania, however, has struggled to care for its children and subsequently imposed an international adoption ban. This Note argues that the Hague Conference members need to amend the Hague Convention in order to implement assistance for countries that may struggle with its mandates. It also argues that, in order to avoid more nuanced problems in implementation, the Hague Convention should clarify its vague language. Finally, it should include appeals and enforcement procedures so that conflicts between two countries over an adoption proceeding can be dealt with by a third party.