By CARLY GARCIA

As the world regains normalcy following a global pandemic, intercountry adoption has taken a hit. Intercountry adoption within the United States reached its peak in 2004, with 22,988 children placed with families. Since 2004, the United States has seen a drastic decrease in intercountry adoption rates. In 2020, only 1,622 international adoptions took place in the United States; slightly increasing in 2021, with 1,785 children adopted. There are multiple causes for the decline in adoptions. For example, origin countries, such as Russia and Guatemala, have terminated their international adoption programs with the United States. More recently, the leading cause of this decrease is the COVID-19 pandemic. Many countries, including China, placed adoptions on hold as the coronavirus took over the world. In contrast, other countries such as Colombia and Bulgaria, relaxed their visitation rules to allow international adoptions to continue.

The current intercountry adoption laws and treaties protect children’s rights and prevent illicit adoption practices. The Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (“Hague Convention”) and the United Nations Convention on the Rights of the Child (“UNCRC”) established safeguards to ensure that intercountry adoptions occur in the “best interest of the child.” However, protection for adoptive parents and birth parents is left to the laws of the country in which they reside. For example, in the United States, the federal statute governing intercountry adoption is the Intercountry Adoption Act of 2000 (“IAA”). Unfortunately, despite the multiple treaties and statutes implemented to prevent illicit adoption practices, fraud still occurs

California Western International Law Journal, Vol. 53, No. 2 [2023], Art. 11