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International adoption is largely a phenomenon of the last half century,

with the numbers of children from other countries coming into the
United States rising over the years from negligible to some 20,099 in 2002
and 21,616 in 2003 (U.S. Department of State 2004b).

The Korean War led to the opening up of South Korea for adoption,
and for years it was the source of most of the children coming into the
United States for adoption, largely because South Korea designed its
international adoption system so as to facilitate the placement of
children in need of homes with adults abroad who could provide them.
http://www.law.harvard.edu/faculty/bartholet/pdfs/IAChapter5FINAL.p
df

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Increse bec of technology easier communication; airplaines etc.;

culturaly -> less stigma interracial family
Trends are lower bec of increased economic ability for parents. Less
orphans etc. 9find source)
Less stigma for single parents
BUT ALSO BEC of closing of several avenues

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States Parties that recognize and/or permit the system of adoption shall
ensure that the best interests of the child shall be the paramount
consideration and they shall: (a) Ensure that the adoption of a child is
authorized only by competent authorities who determine, in
accordance with applicable law and procedures and on the basis of
all pertinent and reliable information, that the adoption is permissible in
view of the child's status concerning parents, relatives and legal
guardians and that, if required, the persons concerned have given their
informed consent to the adoption on the basis of such counselling as
may be necessary; (b) Recognize that inter-country adoption may be
considered as an alternative means of child's care, if the child cannot
be placed in a foster or an adoptive family or cannot in any suitable
manner be cared for in the child's country of origin; (c) Ensure that the
child concerned by inter-country adoption enjoys safeguards and
standards equivalent to those existing in the case of national adoption;
(d) Take all appropriate measures to ensure that, in inter-country
adoption, the placement does not result in improper financial gain for
those involved in it; (e) Promote, where appropriate, the objectives of
the present article by concluding bilateral or multilateral arrangements
or agreements, and endeavour, within this framework, to ensure that
the placement of the child in another country is carried out by
competent authorities or organs.

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An adoption within the scope of the Convention shall take place only if
the competent authorities of the State of origin a) have established
that the child is adoptable; b) have determined, after possibilities for
placement of the child within the State of origin have been given due
consideration, that an intercountry adoption is in the child's best
interests; c) have ensured that (1) the persons, institutions and
authorities whose consent is necessary for adoption, have been
counselled as may be necessary and duly informed of the effects of
their consent, in particular whether or not an adoption will result in the
termination of the legal relationship between the child and his or her
family of origin, (2) such persons, institutions and authorities have given
their consent freely, in the required legal form, and expressed or
evidenced in writing, (3) the consents have not been induced by
payment or compensation of any kind and have not been withdrawn,
and (4) the consent of the mother, where required, has been given
only after the birth of the child; and d) have ensured, having regard to
the age and degree of maturity of the child, that (1) he or she has
been counselled and duly informed of the effects of the adoption and
of his or her consent to the adoption, where such consent is required,
(2) consideration has been given to the child's wishes and opinions, (3)
the child's consent to the adoption, where such consent is required, has
been given freely, in the required legal form, and expressed or

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evidenced in writing, and (4) such consent has not been induced by
payment or compensation of any kind. Article 5 An adoption within the
scope of the Convention shall take place only if the competent
authorities of the receiving State a) have determined that the
prospective adoptive parents are eligible and suited to adopt; b) have
ensured that the prospective adoptive parents have been counselled
as may be necessary; and c) have determined that the child is or will
be authorised to enter and reside permanently in that State
Philippines has intercountry adoption board located in cubao
US has The Department of State is the U.S. Central Authorityfor the
Convention.

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NOTES FOR REPORT:

Signature ad Referendum
A representative may sign a treaty "ad referendum", i.e., under the
condition that the signature is confirmed by his state. In this case, the
signature becomes definitive once it is confirmed by the responsible
organ.
[Art.12 (2) (b), Vienna Convention on the Law of Treaties 1969]
Signature Subject to Ratification, Acceptance or Approval
Where the signature is subject to ratification, acceptance or approval,
the signature does not establish the consent to be bound. However, it is
a means of authentication and expresses the willingness of the
signatory state to continue the treaty-making process. The signature
qualifies the signatory state to proceed to ratification, acceptance or
approval. It also creates an obligation to refrain, in good faith, from
acts that would defeat the object and the purpose of the treaty.
[Arts.10 and 18, Vienna Convention on the Law of Treaties 1969]
Ratification
Ratification defines the international act whereby a state indicates its
consent to be bound to a treaty if the parties intended to show their
consent by such an act. In the case of bilateral treaties, ratification is
usually accomplished by exchanging the requisite instruments, while in
the case of multilateral treaties the usual procedure is for the depositary

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to collect the ratifications of all states, keeping all parties informed of

the situation. The institution of ratification grants states the necessary
time-frame to seek the required approval for the treaty on the
domestic level and to enact the necessary legislation to give domestic
effect to that treaty.
[Arts.2 (1) (b), 14 (1) and 16, Vienna Convention on the Law of Treaties
1969]
Accession
"Accession" is the act whereby a state accepts the offer or the
opportunity to become a party to a treaty already negotiated and
signed by other states. It has the same legal effect as ratification.
Accession usually occurs after the treaty has entered into force. The
Secretary-General of the United Nations, in his function as depositary,
has also accepted accessions to some conventions before their entry
into force. The conditions under which accession may occur and the
procedure involved depend on the provisions of the treaty. A treaty
might provide for the accession of all other states or for a limited and
defined number of states. In the absence of such a provision, accession
can only occur where the negotiating states were agreed or
subsequently agree on it in the case of the state in question.
[Arts.2 (1) (b) and 15, Vienna Convention on the Law of Treaties 1969]

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China Colombia Ethiopia Guatemala Haiti India Kazakhstan Liberia

Philippines Russia South Korea Taiwan Ukraine Vietnam

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Fetch from PH, 5 days bonding, can still iwan the kid

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Trial custody is for a period of 6 months from time of placement

Transfer of child to adoptive parents -> who are expected to
exercise parental authority
AFTER the period of trial custody, the ADOPTION DECREE will
finally be given (YAY FINISH LINE)

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http://travel.state.gov/content/dam/aa/pdfs/fy2013_annual_report.pd
f

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Consent to Adoption
After successful trial custody and an adoptive relationship is
formed; the board shall transmit an AFFIDAVIT OF CONSENT TO
THE ADOPTION executed by department to CA and/or FAA w/in
15 days after the last post placement report,
Petition for adoption and Decree of Adoption
FINALIZING adoption process: prospective adoptive parents shall
file the petition for the adoption of the child with the court of
competent jurisdiction in the country where applicant resides. 6
months after completion of trial period
IF the foreign court denies petition then above mentioned
procedure on disruption, and termination of placements shall
apply
IF GRANTED: a final copy of the Decree of Adoption including
certificate of citizenship/ naturalization (whichever applicable)
shall be transmitted by the CA or the FAA to the Board. Board
will the record in civil registry

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Joelle Tomlinson, a fourth year journalism student in Toronto, shares her

story on what it means to be adopted

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