The Hague Convention on Intercountry Adoption and American Implementing Law: Implications for International Adoptions by Gay and Lesbian Couples or Partners

40 Pages Posted: 14 Aug 2008

See all articles by Lynn D. Wardle

Lynn D. Wardle

Brigham Young University - J. Reuben Clark Law School

Date Written: April 1, 2008

Abstract

This article examines in the history of the Hague Convention on Inter-Country Adoption and the potential impact on adoption of children by gay and lesbian couples and partners,and international recognition of such adoptions. It is timely because America's ratification of the Hague Convention has just been completed and the American implementing laws have now taken effect. When the Convention was first drafted, no country allowed gay adoption, but by the time the Convention was approved, it was emerging and was being discussed. The Hague Conference drafting discussions addressed the issue. It is clear that the drafters of the Hague Convention intended the Convention to have no impact whatever on inter-country recognition of adoptions by gay and lesbian couples. The Convention intended to leave that to the domestic policies of the sending and the receiving states. The potential for the Hague Convention, ironically, to reduce the number of inter-country adoptions is noted, but the intent of the Convention to eliminate obstacles to responsible inter-country adoption in the long run is encouraging.

Suggested Citation

Wardle, Lynn D., The Hague Convention on Intercountry Adoption and American Implementing Law: Implications for International Adoptions by Gay and Lesbian Couples or Partners (April 1, 2008). Indiana International & Comparative Law Review, Vol. 18, No. 1, pp. 113-152, 2008, Available at SSRN: https://ssrn.com/abstract=1224042

Lynn D. Wardle (Contact Author)

Brigham Young University - J. Reuben Clark Law School ( email )

518 JRCB
Provo, UT 84602
United States
801-422-2617 (Phone)
801-422-0391 (Fax)

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