On June 2, 2015, the Department of State issued a new alert
which supersedes the alert of October 6, 2014. This
newest alert strongly recommends against adopting from the Democratic
Republic of the Congo (“DRC”) at this time. This warning is separate from any potential ending of the
current suspension on the issuance of exit letters. The Department of State
noted that pending legislative changes could invalidate or suspend any
future adoption decrees. http://travel.state.gov/content/adoptionsabroad/en/country-information/alerts-and-notices/DRC15-06-02.html
On December 29, 2012, PEAR issued a Cautionary Statement
strongly recommending against adopting from DRC (http://pear-now.blogspot.com/2012/12/pear-ethics-alert-and-cautionary.html). The
reasons behind PEAR's recommendation included:
1. Lack of proper infrastructure to support ethical adoption
practices and thwart unethical, illegal processes
2. Reports of extensive bribes paid to local officials by US
adoption agencies and/or their local facilitators
3. Reports that orphanages are not using the money donated by
agencies and adopting parents for the care of children
4. Repeated reports from foreign NGOs and adopting families of
child laundering, baby selling, kidnapping, and coercive relinquishment
practices called “harvesting”
5. Program growing too quickly without being tested for stability
and capacity
6. Inconsistent and inexplicable fees
PEAR continues to stand behind this statement, as the past two
and a half years has only seen an increase in the corruption and unethical behavior
that prompted the statement in the end of 2012.
In addition, PEAR alerted adoptive parents (“APs”) of
a failed attempt by American families to take their adopted Congolese children
out of DRC without authorization by the Congolese government in September 2014
(http://pear-now.blogspot.com/2014/09/american-families-caught-attempting.html). Since
this time, PEAR has received reports of increased smuggling of adopted children
by U.S. citizens out of DRC. PEAR strongly opposes such actions and reminds all APs that U.S.
citizens adopting from foreign countries are required to obey the laws and
regulations of the sending countries.
In a November 2014 alert, the Department of State specifically
addressed the question of whether there was a method by which Americans could
bring their adopted children to the U.S. other than with an exit letter
obtained from Congolese immigration authorities (DGM) in Kinshasa. Their response was unequivocal: "No.
Congolese law requires you to obtain an exit permit for your child. Once your
I-600 has been approved and an orphan review is complete, the U.S. Embassy will
schedule your visa interview. Please be advised that once you have a U.S. visa
for your adopted child, you still must obtain an exit permit for your child to
leave the DRC. We want to be clear that any attempts to leave DRC with your
child without an exit permit could violate local law and significantly jeopardize
the status of pending and future adoption cases between DRC and the United
States. We understand the hardship for you and your children as the suspension
period remains undefined. We believe that this current uncertainty could make
adoptive families more vulnerable to solicitations by individuals or
organizations offering inappropriate or illegal means of assistance. If you are
approached with offers to help bring your children home that do not include
obtaining exit permits by the appropriate DGM office in Kinshasa, we strongly
recommend that you inform the U.S. Embassy and ask for clarity on the legality
of the proposal before taking any action." (http://travel.state.gov/content/adoptionsabroad/en/country-information/alerts-and-notices/DRC14-11-03.html)
Despite this clearly-worded statement, American families
continue to either take or have their adopted children taken out of DRC without
exit letters issued by DGM Kinshasa. This may include the use of bribes,
fraudulent paperwork, and/or illegally moving children across international
borders. These actions are in violation
of Congolese law and/or policy (http://www.dgm.cd/infos.php),
and are plainly contrary to the goal of ethical adoptions. PEAR strongly condemns the removal of adopted
children from Congo in violation of the exit letter suspension.
For further information, please see: http://travel.state.gov/content/adoptionsabroad/en/country-information/alerts-and-notices.democratic%20republic%20of%20the%20congo.html
Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/
