Frequently Asked Questions about the Hague Convention

March 1, 2009

1. When did the Hague Convention go into effect for the U.S.?

   April 1, 2008

2. Will the Hague Convention affect my adoption?

   If you are adopting from a country which is a party to the Convention, also called “a Hague country,” then the Convention will apply to your adoption.

   If the country you are adopting from is not a party to the Convention, the entry into force will not affect your adoption.

3. How do I know if the country I am adopting from is a Hague Country?

   A country is a Hague country if it has signed and ratified, or acceded, to the Convention and the Convention has entered into force for that country.

   The Hague Conference on Private International Law maintains a website that includes a chart of Hague Countries, which can be accessed here.

   The chart contains a lot of information that is likely not of interest to adoptive parents, and it can be confusing to read.

   The easiest way to determine if a country is a Hague country is to locate the EIF (Entry into Force) column on the chart. If the country you are adopting from has a date in the EIF column, they are indeed a Hague country and any adoption you begin after April 1 will be subject to the rules of the Convention.

   The chart is split between “member” and “non-member” countries. This is not a distinction that impacts your adoption—it is a reference to whether or not the country is a member of the Hague Conference, and it impacts how the country becomes a party to the Convention. For the purposes of adoptive parents, there is no distinction between “member” and “non-member” countries.

4. Does my agency have to be accredited?

   If you are adopting from a non-Hague country, your agency does not have to be accredited. If the placing agency you are adopting through wants to work in a Hague country, it must be accredited or approved to do so. If you have started your adoption before April 1, 2008 with a non-accredited agency, you may complete your adoption with your current agency.

   For adoptions from Hague countries, at least one agency involved in the adoption must be Hague accredited. For example, you may have your homestudy done by agency x and then may apply to agency y to adopt from India. If neither agency is accredited, your adoption cannot proceed. Under the regulations, one agency must be the “primary provider” for your adoption and must be Hague accredited. The placing agency (i.e. not the homestudy agency) will almost always be the primary provider and must be accredited. Your
   homestudy agency does not have to be accredited if the placing agency is accredited.

   Some parents have indicated that they did a homestudy with agency x, and are working with agency y, who is unaccredited but who claims they can still do adoptions from Hague countries as a supervised provider under agency z, who is accredited.
   This may be possible in some cases under the regulations but it would require a formal supervised provider agreement between agency y and z. While possible, it is unclear how common this practice is, and unclear what benefit it would be to the family to have multiple agencies involved.

5. What if my agency is not on the accredited agency list?

   On February 29, 2008 the U.S. Department of State issued a list of accredited agencies and persons. These entities are  accredited to perform adoptions from Hague Countries.

   The current approved list is smaller than the list of agencies and persons who applied for accreditation. Some of those who applied may have chosen not to undergo the complete process; some may have been denied accreditation, some may still obtain accreditation at a later date. It is hoped that more clarification on that will be released soon. If your agency is not on the list of approved agencies, and does not appear on a subsequent list, and you are adopting in a Hague country, you will not be able to begin an adoption with them, unless they work with an accredited agency to complete adoptions. If you are in process–that is you have filed your I600a with the CIS before April 1, 2008–then you may complete your process with an unaccredited agency.

6. If an agency is not on that list, does that mean they were denied accreditation?
   Not necessarily. There are at least three categories of agencies and persons who do not  appear on the approved list.
   • Some filed the initial accreditation application to retain the right to go through the accreditation process, but subsequently decided not to complete the process.
   • Some began the process but have not yet finished the process.
   • Some have completed the process but did not receive accreditation. These may have already been denied, may yet be denied or may yet be accredited. The regulations require the Department of State to publish a list of providers who applied for accreditation but were denied on a quarterly basis.

Example Scenarios:

• John and Sue submitted their I600a on February 12, 2008. Their agency is not on the Hague accreditation list. Can their adoption be completed?

  Yes, regardless of the country they wish to adopt from, their petition was filed before the Convention enters into force on April 1 and their adoption can be completed.*

• Karen submitted her I600a to adopt from South Korea on April 15, 2009, and her agency is not on the Hague accreditation list. Can her adoption be completed?

  Yes, South Korea  is not a Hague country and the Convention does not apply to U.S.-South Korean adoptions.

• Tim and Jill apply to adopt from China on April 3, 2008 and their agenc(ies) are not on the Hague accreditation list. Can their adoption be completed?

  No. China is a Hague country, and they must use an accredited agency after April 1, 2008 for their adoption.

• My agency is not accredited but they have told me it is okay to adopt from Colombia through them because Colombia is a “non-member” state and thus they are not part of the Convention. Correct?

  No, Colombia is a party to Convention, for whom the Convention entered into force on 11/01/98. Therefore, to adopt from Colombia you must use an accredited agency. It does not matter whether the country is listed in the “member” or “non-member” section of the chart.

• My agency says country x is not really a Hague country even though the chart says it is and they say it is okay to use them even though they are not accredited. Are they right?

  As of this date, the United States has not made objections to any Hague country-that means if the country is a Hague country on the chart, it is a Hague country for U.S. citizens and the Hague standards will apply. The State Department draws no distinctions between “Hague” and “really-Hague” (as we have heard it described). It is either a Hague country or it is not.

  If the U.S. were to lodge an objection to a country, it will be announced on the State Department website. Filing an objection means the U.S. does not consider the country’s adoption system to be Hague compliant. The U.S. has not, to date, filed any such objections.

  It should be noted that in most cases, countries that file objections tend to stop adoptions from the countries they object to, not continue them under non-Hague rules. Therefore, an objection does not necessarily mean a person will be able to complete a non-Hague adoption in that country if an objection is filed. In short, if the country is a Hague country on the Hague Conference chart, using a Hague accredited provider is the safest option.

Do you have other Hague questions? Contact us and we’ll update our FAQs in the future.