Hague Adoption Convention (HAC)

The Hague Adoption Convention is a treaty which strengthens protections for children, birthparents and prospective adoptive parents and establishes internationally agreed upon rules and procedures for adoptions between countries that have a treaty relationship under the Convention. It provides a framework for member countries to work together to ensure that children are provided with permanent, loving homes and that adoptions take place in the best interests of the child. Japan has not signed the Hague Adoption Convention.

Background:

• Official name: Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoptions, 1993.
• The convention has been translated into Japanese by Professor Okuda of Chuo University(copied with his consent).
• About 75 nations are Convention Countries, including the U.S., UK, Canada, France, Germany, Italy (i.e. all members of the G7 except Japan), China, Philippines, Thailand, Mongolia, etc. See a complete list of countries.
• The Hague Adoption Convention was written by the Hague Conference on Private International Law, a global international organization that seeks to find internationally-agreed upon approaches to resolve differences between legal systems used by different countries.
• An HAC adoption takes place only if (1) the competent authorities of the state of origin certify that the child is adoptable, the birthparent has been counseled, and it is in the best interests of the child to have an intercountry adoption, and (2) the competent authorities of the receiving state certify that the prospective adopting parents would be eligible and suitable to adopt.

Under the HAC, Japan would create a Central Authority, which would, among other things, do the following:

• Ensure that inter-country adoptions take place in the best interests of the child;
• Ensure that persons, institutions and authorities whose consent is necessary for adoption have been counseled and informed of the effects of their consent to the adoption, and that such consent was given freely without inducements of payment or compensation of any kind;
• Ensure that the consent of the birth mother has been given only after the birth of the child;
• Ensure that the child’s wishes and opinions have been considered;
• Cooperate in a transparent manner with other countries' Central Authorities;
• Take appropriate measures to prevent financial gain in connection with adoptions; and
• Ensure that the activities of adoption service providers in Convention adoptions comply with Convention obligations; this may include a formal licensing or accreditation program and other levels of oversight.

For more information about adoptions and the Hague Adoption Convention, please see the U.S. Department of State’s website on adoptions.

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