General Discussion
In reply to the discussion: Supreme Court rules for adoptive parents in Baby Veronica case [View all]rebecca_herman
(617 posts)At the beginning it says:
"The Convention shall apply where a child habitually resident in one Contracting State ("the State of origin"
has been, is being, or is to be moved to another Contracting State ("the receiving State"
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.