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Document Type

Note

Publication Date

Winter 2008

Publication Citation

15 Indiana Journal of Global Legal Studies 375 (2008)

Abstract

The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption ("the Hague Convention") was developed to enable adoptions to proceed according to the "the best interests of the child with respect for his or her fundamental rights." This Note discusses the dynamics of the Hague Convention with respect to the implementation process and the relationships between members of the Convention that are abiding by Hague Convention standards, members of the Convention that are not abiding by Hague Convention standards, and non-members of the Convention. The United States' recent ratification of the Hague Convention exemplifies the difficulties of implementing Hague Convention standards and the changing relationships between itself and sending countries. Member countries of the Hague Convention are the sending countries most likely to realize positive changes in adoption relationships through the United States' ratification. But, problems with non-members and members not abiding by Convention standards, namely Guatemala, frustrate the goals of the Hague Convention. However, the United States plans to continue adoptive relationships with non-member sending countries and plans to refuse those relationships with member countries not abiding by Convention standards. This Note argues adoptive relationships between member countries should continue with those members not abiding by Convention standards if relations are continued with non-member countries. This reasoning is explored through the United States' relationship with Guatemala and the difficulties Guatemala faces implementing Convention standards.

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