Case Update (2020): Ntl Council for Adoption v. Pompeo; International Adoption, Hague Adoption Convention, Central Authority Guidance
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...