Resolutions of the Academy*
Click on a title below to go directly to the resolution.
Resolution
regarding Interjurisdictional Adoptions (ICPC)
Resolution Regarding Facilitators and Expenses in Adoptions
Counseling Resolution
*From time to time, the Board
of Trustees adopts, for publication resolutions, which are official positions of
the Academy.
WHEREAS, the American Academy of Adoption Attorneys is a
national organization dedicated to enhancing and improving the practice of
adoption law throughout the United States and Canada; and
WHEREAS, the American Academy of Adoption Attorneys recognizes the importance of
expediting ICPC approvals by providing more certainty to the process, to the
benefit of all concerned; and
WHEREAS, prospective adoptive parents have faced recurring problems in
interstate adoptions across the country because of inconsistencies among state
laws dealing with the termination of parental rights. These inconsistencies are
both procedural and substantive. Uncertainty exists as to which law should apply
in an interstate adoption, often leaving prospective adoptive parents and the
child they plan to adopt trapped in a sending state for weeks while ICPC
administrators, lawyers and judges sort out the legal issues; and
WHEREAS, recognizing that legal inconsistencies will continue to exist because
uniformity in state adoption law is not likely to be achieved, the American
Academy of Adoption Attorneys proposes that state ICPC administrators (acting
through the AAICPC) adopt a policy that will lend predictability to the choice
of which law to apply when state laws on termination differ; and
WHEREAS, a uniform choice of law policy not only will help protect the
constitutionally recognized right to travel interstate for the purposes of
adoption, it will serve the best interests of children by expediting the ability
of prospective adoptive parents to return home with their children to be with
family and friends, as opposed to beginning their crucial bonding experiences in
temporary lodging in foreign jurisdictions.
THEREFORE, it is resolved that
the American Academy of Adoption Attorneys supports an AAICPC and national
policy calling for the acceptance by ICPC administrators in the sending state of
evidence of compliance with the receiving state's laws and determinations
governing the termination of parental rights, or vice versa, depending upon
which state's adoption law will control the finalization of the adoption. State
laws which ultimately will not govern an adoption should not be superimposed in
a placement to be finalized in another state.
WHEREAS, the American Academy of Adoption Attorneys is a
national organization dedicated to enhancing and improving the practice of
adoption law; and
WHEREAS, the laws of the various jurisdictions differ with
respect to how
and whether they regulate different aspects of facilitation of adoptions; and
WHEREAS, adoption intermediaries, including facilitators, who do
not
comply with the applicable laws of all jurisdictions involved in an adoption run
a serious risk of causing emotional and financial harm to prospective adoptive
parents and birth parents, as well as damaging the sanctity of and public
confidence in adoptions in general; and
THEREFORE, IT IS RESOLVED THAT when a member of the American
Academy of Adoption Attorneys is involved in a case, the member shall use his or
her best efforts to cause compliance with, the laws of all jurisdictions
applicable to the case, including laws relating to facilitation of adoptions and
payment of adoption-related expenses; and
IT IS FURTHER RESOLVED THAT the American Academy of Adoption
Attorneys shall support and advance laws which require licensing and regulation
of all those who facilitate adoptions or provide other adoption related
services; and
IT IS FURTHER RESOLVED THAT the American Academy of Adoption
Attorneys shall continue to work:
1) to increase public awareness of the benefits and protections of working
with experienced, licensed adoption professionals;
2) to promote education and training for adoption professionals; and
3) to promote adherence to the highest ethical standards and accountability
by adoption professionals.
WHEREAS, the American Academy
of Adoption Attorneys is a national organization dedicated to enhancing and
improving the practice of adoption law throughout the United States and Canada;
WHEREAS, the American Academy
of Adoption Attorneys recognizes the importance of birth parents receiving
appropriate adoption counseling and legal advice, both before and after the
birth of their children; and
WHEREAS, the American Academy
of Adoption Attorneys further recognizes that many birth parents do not take
advantage of counseling;
IT IS RESOLVED THAT, whenever
possible, members of the American Academy of Adoption Attorneys shall endeavor
to help birth parents understand the importance of, and receive, adoption
counseling.
