Take Off the [Color] Blinders: How Ignoring the Hague Convention's Subsidiarity Principle Furthers Structural Racism Against Black American Children

Date

2015

Authors

Gossett, DeLeith Duke

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Abstract

This article traces the evolution of America’s “colorblind” thought process and highlights Derrick Bell’s interest convergence theory. The article continues by arguing that the best interests standard has been co-opted through international adoption. The Children in Families First Act and the purposes of the Hague Convention are examined. The author contends that the current international adoption approach in the United States furthers structural racism against black American children. The article concludes by proposing that the current two-tiered system of international adoption goes against the Hague Convention and that the United States should not be sending its own black children to other countries for adoption.

Description

Keywords

adoption, Hague Convention, international, foster care, CHIFF, Children in Families First, Derrick Bell, color blindness, color-blind, Children in Families First Act, interest convergence theory, racism, black children

Citation

Take Off the [Color] Blinders: How Ignoring The Hague Convention’s Subsidiarity Principle Furthers Structural Racism Against Black American Children, 55 SANTA CLARA L. REV. 261 (2015).