MK Family Law

In February 2021, a committee appointed by the Dutch government to investigate intercountry adoptions issued a report that recommends suspending the same.   It states, " For too long, intercountry adoption has been viewed socially and politically as a laudable way to rescue children in need. In addition, it satisfied the desire for children among parents in the Netherlands. This prevailing view of “doing good” has prevented timely action against abuses. " "The committee defines ‘abuse’ as: acting, or failing to act, in a way contrary to applicable national and international laws and regulations, as well as acting, or failing to act, in a way which is formally not in conflict with applicable national and international laws and regulations but which, from an ethical viewpoint, is irresponsible. The committee encountered various abuses, from inaccurate documentation to child trafficking and baby farms." (p. 23) You may read an English version of the full report here . ...

In this post, I am returning to April 2, 2020, where a Massachusetts court, in the Adoption of Daphne , vacated a trial court's order dismissing a petition to adopt a minor child born in Massachusetts to a gestational surrogate.   The child was the product of in-vitro fertilization.  The genetic father of the child and his partner entered into a gestational carrier agreement with the surrogate in Massachusetts.  The two men selected an egg from a donor, fertilized it with the sperm of the genetic father and implanted it into the surrogate who carried the child to term in Massachusetts.  The child's birth certificate lists the genetic father and the birth Mother (surrogate) as parents, and the two intended to proceed with a post-birth adoption to terminate the mother's rights, and establish the genetic father as the sole parent.   In April 2018, the mother signed the "surrender form" under Massachusetts law.  The father, his partner, and the child ...

The National Council for Adoption sued the U.S. government over certain written guidance developed by the U.S. Department of State for Adoption Service Providers (ASPs) under the Intercountry Adoption Act, which is the U.S. federal implementing legislation for the Hague Adoption Convention.  ( National Council for Adoption v. Pompeo, Civil No. 18-2704(RCL), 5/19/2020 ) The relevant government agency in the child’s country of origin bears the ultimate responsibility for making a “referral” of a child to be placed with a particular family for adoption.  The adoption community, however, has also coined the term “soft referral” to refer to unofficial referrals or a matching process between child and family.  These soft referrals typically occur when prospective parents are matched with a child before the child is confirmed eligible for adoption or before the parents complete the lengthy required home study.  The NCFA filed the instant case challenging written gu...