CHILD LAUNDERING AS EXPLOITATION: APPLYING ANTI-TRAFFICKING NORMS TO INTERCOUNTRY ADOPTION UNDER THE COMING HAGUE REGIME David M. Smolin *† INTRODUCTION As the United States government continues its slow and long-delayed march toward ratification and implementation of the Hague Convention on Intercountry Adoption, 1 the goals and rationale of that process remain obscure. The preamble to the Hague Convention indicates that the signatory nations are “convinced of the necessity to take measures to ensure that intercountry adoptions are made in the best interests of the child and with respect for his or her fundamental rights, and to prevent the abduction, the sale of, or traffic in children.” 2 The substantive provisions of the treaty reaffirm these concerns by stating that the objects of the Convention are: (a) to establish safeguards to ensure that intercountry adoptions take place in the best interests of the child and with respect for his or her fundamental rights as recognized in international law; (b) to establish a system of co-operation amongst Contracting States to ensure that those safeguards are respected and thereby prevent the abduction, the sale of, or traffic in children; (c) to secure the recognition in Contracting States of adoptions made in accordance with the Convention. 3 The Hague Convention’s concern that adoptions not subvert the best * Professor of Law, Cumberland School of Law, Samford University; Director, Center for Biotechnology, Law and Ethics; J.D. 1986, University of Cincinnati College of Law; B.A. 1980 New College of the University of South Florida. † The author wishes to acknowledge first the assistance of Desiree Smolin, with whom I have worked on adoption reform issues, and whose insights have been critical to the development of my own thinking. In addition, this article has been influenced by the courage and experience of our adoptive and birth children, all of whom were exploited by the current intercountry adoption system. The author also benefited from the opportunity to present draft versions of this article to the Cumberland Law School and University of St. Thomas School of Law faculties. I have particularly appreciated the comments I have received on the draft version from adoptees and others concerned with adoption. 1. Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, May 29, 1993, 32 I.L.M. 1138 [hereinafter Hague Convention]. 2. Id. at 1139. 3. Id.
CHILD LAUNDERING AS EXPLOITATION: APPLYING ANTI-TRAFFICKING NORMS TO INTERCOUNTRY ADOPTION UNDER THE COMING HAGUE REGIME
Jul 09, 2023
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