Hague Convention Becomes U.S. Law, Page 3

Promiscuous Lifestyles

Rep. Chris Smith (R-NJ), a member of the House Committee on International Relations and Chairman of its Subcommittee on Operations and Human Rights, raised a different issue. The issue appears to have come up primarily because of a high-profile, horrifying case involving a single male adoptive parent of 28 children who was accused of sexually molesting several of his children. The alleged abuse was widely reported in the nearby Pennsylvania media. The case never went to court because, on the day before, the alleged perpetrator committed suicide. Because of his stated concerns about adoptions by people with promiscuous lifestyles or other problematic behaviors that might make them inappropriate adoptive parents, Rep. Chris Smith wanted honest and comprehensive home studies to be part of the Convention process. His view was that hopefully this would not only prevent any repetition of the sort of sexual abuse that had been alleged but, more to the point regarding international adoptions, prevent a shut-down by countries such as China, which have official, published policies prohibiting adoptions by single persons who are not heterosexual [see Q&A under Question 7: "In accordance with the principle that adoption shall not violate social ethics as set forth in the Adoption Law, foreign homosexuals are not allowed to adopt children in China."

Rep. Chris Smith ultimately obtained a solution he could accept. The solution was to require the collection and sharing of information about each country's policies regarding prospective international adoptive placements.

In addition, there is to be an effort to ensure that U.S. agencies and others comply with the requirements set by the countries for those who want to adopt their children. Rep. Chris Smith's activism does not affect the ability of persons other than heterosexuals to adopt U.S. children. The U.S., whether one considers domestic adoptions or adoptions by persons who are citizens of other countries, will retain its state-by-state policies regarding adoption. With the exception of the states of Florida, Mississippi and Utah, every jurisdiction allows unmarried heterosexual couples and single persons who are unmarried and not heterosexual to adopt. Arguably, the U.S. is the world leader in allowing non-heterosexuals to adopt, outpacing even countries like The Netherlands, which allow non-heterosexuals to legally formalize their relationships but which does not allow non-heterosexuals to adopt internationally.

Approved, Voted, and Signed into Law

With Sen. Brownback and Rep. Chris Smith on board, the decks were cleared except for one remaining issue which was brought up rather late in the discussions, relative adoptions. There was a desire by four Senators, Spencer Abraham (R-MI), Joseph Biden, the ranking Minority member of the Committee on Foreign Relations (D-DE), Orrin Hatch, the Chairman of the Committee on Judiciary (R-UT) and Ted Kennedy, member of Judiciary (D-MA), to make it easier for U.S. citizens to adopt children from other countries who were related to them. Ultimately, Rep. Lamar Smith (R-TX), the Chairman of the House Judiciary Subcommittee on Immigration, as well as Chairman of the full Judiciary Committee, Henry Hyde (R-IL), and others compromised to solve that problem.

As the controversies were settled, the House did its final sign-off on Sept. 18, and the Senate followed with its final approval on Sept. 20. Because identical bills had been approved, the bill immediately went to President Clinton. President Clinton scheduled a signing ceremony in the Oval Office and on Oct. 6, the legislation became Public Law 106-279. The Convention itself, as passed by the Senate, is Treaty Document No. 105-1.

With the legislation signed into law, the next step is for draft regulations to be prepared and published in the Federal Register for public comment. The law requires the U.S. Department of State to issue regulations within 90 days. That process will be very formal and entirely open. It will also include, according to sources at the Department of State, at least one public meeting which will be announced in the Federal Register.

© William L. Pierce, Ph.D.

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