VIETNAM - Adopts International Adoption Treaty

VN adopted Hague Adoption Convention

Vietnam News

HA NOI - Viet Nam has officially adopted the Hague convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). This is the first convention of the Hague Conference on Private International Law (HccH) to be adopted by Viet Nam.

Viet Nam's Ambassador to the Netherlands Huynh Minh Chinh signed the convention on behalf of the Vietnamese Government earlier this month.

The Hague Adoption Convention, one of 38 HccH's conventions, aims to protect children and their families against the risks of illegal, irregular, premature or ill-prepared adoptions abroad. To date, 81 countries have adopted the convention.

Minh said joining the convention was a milestone in the efforts of Viet Nam in integrating into the multi-dimension collaboration on international law. "The Vietnamese government would accelerate the process to complete the legal framework and have this convention put into effect," he said at the signing ceremony.

On January 1, 2011, the Adoption Law of Viet Nam will also start to take effect. Together with the Hague convention, the country hopes these measures will help protect the rights of children. - VNS

UAI COMMENTS: Although it is presented as an important step in the adoption-world to adopt the Hague Adoption Convention (HAC) , it is not an guarantee that the countries who are joining the HAC, the direct involved (parents and adoptees) are automatically protected against flaws in the adoption-procedure and have their rights protected. The HAC even allows and admits, that it cannot secure protection for the vulnerable ones in the adoptionsystem. Childtrafficking and laundering and trade of children for intercountry adoption is not halted by the convention which is primarily an open treaty to secure certain topics to be addressed to the members of the treaty. The origin of the treaty is the one to see upon an coherent legal definition to pursue intercountry adoption instead of protecting the most vulnerable people (most times single mothers) against suppression and misleading by the (international) adoptionsystem. Studying the treaty shows, that it is very compact and does not serve the ones who are affected by relinquishment and adoption.
The danger of the treaty is also, that due to becoming a member, supervision and control regarding sending and receiving countries are passed. Meaning, if you become a signatory or member of the convention, all responsibility of a correct adoptionprocedure and morals and ethical understanding of intercountry adoption is wavered, so the international community accepts in this way all possible risks due to the fact, that international condemnation of countries which do not follow the intention (which is quite unclear) of the convention will be protected by the same convention. Members of the HAC will therefore be protected by the same convention for international legal disputes and also for diplomatic questions regarding the wrongdoings in the adoptionprocedures or the effects based on International Human Rights. It seems, that the HAC even overrules international human rights for the better of receiving country and the worse of the affected ones.
We have seen many examples over the years in i.e. China, India, Guatamala etc. who are members of the HAC. Also does it not prevent lucrative earnings of adoption organisations and orphanages. Even cash 'bribery' under supervision of states are allowed by the HAC. For instance, the Dutch government even build a legal framework to allow so called euphemistic ' facilitation' payments to pay Chinese Orphanages cash unregistered money by adopters to 'free' children for intercountry adoption.

Understanding this, it is obvious that the HAC (HCCH) does not want adoptees from the UAI or other critical adoptees with knowledge about the HAC to be involved.

There is a need to caution the promotion of the HAC as the solution for the many problems which comes with the rising demand for intercountry adoption.

Read for more information:

Work of David Smolin, Chantel Rayn (Past, present and future, concerns regarding Intercountry adoption and the regulation) and Celica Bojorge and others.