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rebecca_herman

(617 posts)
44. I read it, but I'm not seeing where it applies to the situation I described?
Wed Jul 3, 2013, 10:04 PM
Jul 2013

At the beginning it says:

"The Convention shall apply where a child habitually resident in one Contracting State ("the State of origin&quot has been, is being, or is to be moved to another Contracting State ("the receiving State&quot either after his or her adoption in the State of origin by spouses or a person habitually resident in the receiving State, or for the purposes of such an adoption in the receiving State or in the State of origin. "

Doesn't sound like it would apply if the child with one US parent was born outside the US, never lived in any other country besides the country of birth, and was being adopted in the country of birth. So if an American man moved to Canada and had a relationship with a Canadian woman, and the child was born in Canada and the mother sought an adoption in Canada, it sounds like Canada would decide since that would be the hypothetical child's habitual residence as well the place where the child would be adopted.

Sounds like it would only apply if someone snatched the child from the United States where they had been living then fled to another country for purpose of adoption. Unless I am missing something it only seems to apply when the country where the child has been living and the country where the potential adoptive parents live are different countries.

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Tough call, but I think the SCOTUS got it right. badtoworse Jun 2013 #1
+ 1 virgogal Jun 2013 #2
Nope ExCop-LawStudent Jun 2013 #3
Read the story - that's not what happened badtoworse Jun 2013 #4
Reposting my answer to another thread - the mother concealed the adoption from him ExCop-LawStudent Jun 2013 #5
How far is the child removed from the tribe with 3/256th heritage? Gravitycollapse Jun 2013 #7
I think it's ridiculous that 1% of her ancestry is enough to make her bound by Cherokee law. n/t pnwmom Jun 2013 #9
From the USA Today article badtoworse Jun 2013 #18
Sure, here you go ExCop-LawStudent Jun 2013 #20
There seems to be a disagreement about the facts of the case badtoworse Jun 2013 #21
Exactly what adoption is that? ExCop-LawStudent Jun 2013 #22
Doesn't change my opinion badtoworse Jun 2013 #23
They shouldn't have hidden it from him ExCop-LawStudent Jun 2013 #24
Here's my bottom line badtoworse Jun 2013 #25
Except your facts are wrong. ExCop-LawStudent Jun 2013 #26
I'm reacting to what I've read in the media and I'll concede the media could have it wrong. badtoworse Jun 2013 #30
3/256? That's about 1.18%. How does that even count as anything? Gravitycollapse Jun 2013 #6
It still qualifies the child ExCop-LawStudent Jun 2013 #8
Well, she's 99% other, which should qualify her for protection under regular US adoption laws. n/t pnwmom Jun 2013 #10
No, but I'm pretty sure that's what you're saying. Gravitycollapse Jun 2013 #11
So would you deny citizenship to a child born abroad to a US parent? ExCop-LawStudent Jun 2013 #12
I agree with giving US citizenship to a child based either on the citizenship of the parents. Gravitycollapse Jun 2013 #13
Which is why the law was enacted ExCop-LawStudent Jun 2013 #14
The tribe almost certainly couldn't give a shit what happens to the child. Gravitycollapse Jun 2013 #15
The tribe cares more about her than these white people (the adoptive couple) do ExCop-LawStudent Jun 2013 #16
What a pile of horseshit. Gravitycollapse Jun 2013 #17
I agree your post is a pile ExCop-LawStudent Jun 2013 #19
I'm trying to understand something about this Orrex Jun 2013 #27
Tribal citizenship ExCop-LawStudent Jun 2013 #28
Thank you for the detailed and thoughtful answer Orrex Jun 2013 #31
except, what rights would the US actually have when American parents live out of country permanently rebecca_herman Jun 2013 #42
The US is a Contracting State under the Hague Convention ExCop-LawStudent Jun 2013 #43
I read it, but I'm not seeing where it applies to the situation I described? rebecca_herman Jul 2013 #44
Sec. 26(2) & (3) state: ExCop-LawStudent Jul 2013 #45
that's so ridiculous that my jaw dropped. and offensive. cali Jun 2013 #29
You just lost the debate with that racist statement. East Coast Pirate Jun 2013 #33
I didn't see anyone object to this statement ExCop-LawStudent Jun 2013 #34
Because two wrongs always make a right. East Coast Pirate Jun 2013 #36
No, I did not ExCop-LawStudent Jun 2013 #37
I am not taking sides on this but I think that a little history regarding the reasons behind this jwirr Jun 2013 #32
Well put. ExCop-LawStudent Jun 2013 #35
My sil has family that were treated similairly. The history is there for anyone to see. Do you know jwirr Jun 2013 #40
I don't know ExCop-LawStudent Jun 2013 #41
This is a horrific case. Xithras Jun 2013 #38
Exactly right, plus he was at a distinct disadvantage ExCop-LawStudent Jun 2013 #39
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