The Secretariat of the Hague Conference on Private International Law has issued an Information Note to States and Central Authorities regarding intercountry adoption following the earthquake in Haiti. The organisation wants to make clear the rules that to apply to avoid Haitian children becoming further victims.

The Hague Conference on Private International Law is concerned about the situation of children in Haiti after the recent earthquake, which could affect up to two million children. Many will have been orphaned or are badly injured themselves and are in urgent need of medical help. Thousands more will have lost all contact with their families and friends and are now struggling to survive alone in the rubble. In addition to the difficulty of finding themselves without shelter, food, water or other basic necessities, they may also be at risk of illegal adoptions, abduction, sale and child trafficking.

The Hague Conference points out that the efforts to evacuate the children should not be confused with international adoptions. A humanitarian disaster such as the earthquake should not be the reason for by-passing essential safeguards for safe adoption. It is necessary to respect the two Conventions: United Nations Convention on the Rights of the Child (UNCRC), which establishes clear principles to protect all children, as well as the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption which reinforces the UNCR. The Hague Convention provides protection to children and their families against the risks of illegal, irregular, premature or ill-prepared adoptions abroad. Under the Hague Convention, the decision to place a child in the care of prospective adoptive parents is subject to strict conditions. The authorities in both States must agree that the adoption may proceed. This implies that all the necessary pre-conditions for adoption have been satisfied.

Haiti is party to the UNCRC but not to the 1993 Hague Intercountry Adoption Convention. However, in 2000, the Hague Conference adopted a Recommendation to the effect that States parties should, as far as practicable, apply the standards and safeguards of the Convention to the arrangements for intercountry adoption which they make in respect of States that have not yet joined the Convention. More than 80 States, including almost all receiving States, are parties to this Convention. Therefore, even though Haiti is not party to the 1993 Hague Convention, all receiving States should apply these standards and safeguards.

The Hague Conference is prepared to give whatever assistance or advice it can to authorities in relation to these matters.

More detailed information on the aforementioned instruments is available under the website of The Hague Conference, at www.hcch.net under “International Adoption Section”.