History of International Adoption
Documentation of the history of international adoption is very recent. War, crises and social unrest appear to feed international adoption into the U.S. The 1950s were a turning point in the United States government's involvement with international adoption. Today, international adoption, or intercountry adoption, is dependent upon two things: the adoption laws of the sending country and those of the receiving country.
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The Beginning of International Adoption
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Adoption laws were not a part of English Common Law. Between 1597 and the American Civil War of the 1860s, England deported children (along with adults) convicted of crimes. They were sent to America and Australia and often ended up indentured slaves or institutionalized. They were between 5 and 12 years of age. International adoption was not an option but certainly children were crossing international borders during that time.
War Initiates Adoption
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International adoption grew in the United States after World War II, which ended in 1945. Many adopted children were orphaned by the war and were of European and Japanese descent. International adoption increased again after the subsequent Korean War, the civil war in Greece and the Vietnam War. Adoptions began with American families living abroad and spread stateside.
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Poverty And Crisis
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Recent international adoptions have included children caught in crisis within their own borders. Desperate situations involving famine, poverty and social unrest have spurred international adoption in many countries, including Russia, Latin America and Africa. In China a law prohibiting the birth of more than one child per family facilitated the need for the government to allow international adoption of abandoned infant girls.
Proxy Adoption
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During the 1950s a process called proxy adoption allowed U.S. citizens to adopt in absentia in a foreign court. This process was unregulated and highlighted the federal government's inability to control international adoption. The passing in 1961 of the Immigration and Nationality Act incorporated regulation of international adoption. Until that time there were no laws or governance on how a foreign born child came into the U.S.
Hague Convention On Intercountry Adoption
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The Hague Conference on Private International Law is a global organization encompassing 68 countries plus the European Community. Responding to global needs, the conference develops "conventions" or voluntary rules that assist the global community in managing multilateral legal documents. Because of the mix of legal traditions, international adoption can become quite complex. The convention titled "Protection of Children and Co-operation in Respect of Intercountry Adoption" was established in May 1993. The convention is intended to safeguard the child's best interests in international adoption cases.
Watching International Adoption Mature
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According to the Adoption Institute, international adoption doubled in the U.S. between 1991 and 2001. Almost 50 percent of children adopted were infants, and 64 percent were female. Statistics on international adoption in the U.S. are taken from the number of orphan visas issued. International adoption reached a peak in 2004 with a total of 22,884 adoptions. It has been on a steady decline since. Statistics for 2008 showed 17,438 international adoptions in the U.S.
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