UPDATE: Poland - PEAR's Cautionary Statement on Adoption from Poland

PEAR's Cautionary Statement on Adoptions from Poland

Over the past four months PEAR has received numerous complaints and requests for assistance from families who are in the process of adopting from Poland or who have completed a recent adoption from Poland. The majority of these situations involved inaccurate, incomplete, or falsified medical and psychosocial histories of the children to be adopted. In each case, the families have chosen to either disrupt the adoption process in Poland or dissolve adoption once in the US.

One of PEAR's goals is to ensure that all families are provided the opportunity to make a wholly informed and educated decision to adopt. Part of this includes the accurate and full conveyance of a child's known or suspected medical and psychosocial history to the family prior to adoption, and this is one of the requirements listed under PEAR's Prospective Adoptive Parents Bill of Rights. The purpose of this requirement is two-fold, one preparing parents to best meet the needs of their children is always in the best interests of the child, and two, prevention of disruptions or dissolutions harmful both to the child and his/her potential family.

We understand that some of the motivation behind the innacurate and incomplete medical histories may be the good intentions of those involved in these adoptions to find homes for children with special needs. However, good intentions or not, these childrens and families are being placed in very risky and possibly harmful situations as a result.

In addition, adoptions from Poland are subject to the Hague Convention on the Protection of Children in Respect to Intercountry Adoption. Article 9 (a) and Article 16(1)(a) of the Hague Convention require that Central Authorities to provide medical histories and records to the adopting family. Failure of the Central Authorities to act in accordance with the Hague Convention on the Rights of the Child may result in the halt of adoptions from that country. Under the US regulations promulgated in support of the Hague Convention, accredited adoption service providers and their incountry representatives must provide adopting families with accurate medical histories both known and suspected at least two weeks prior to the family traveling to the receiving country. Failure to abide by the Hague Regulations found at 22 CFR sec. 96.49 can result in sanctions or the loss of accreditation on the part of adoption service providers.

As an additional caution to adoptive families and adoption service providers, please know that families who present at the US Embassy interview in Warsaw can be, and in fact have been, denied visas on the basis that the child they adopted does not fit within the parameters of the child they were prepared and approved for in their homestudy.

PEAR respectfully requests adopting parents to be vigilant in their review of medical records and to request clarification or further information if they suspect undisclosed issues. We also ask accredited adoption service providers and their incountry personnel to convey full and complete medical and social histories to adopting parents in accordance with the Hague Regulations and the Hague Convention. Additionally, we are calling upon the Central Authorities of Poland and the US to investigate and work with Polish and US individuals and organizations involved in caring for or placing children to convey the importance and necessity of conveying complete and accurate records about the children to their potential adoptive parents.

Resources: If you have adopted or in the process of adopting from Poland and have received inaccurate, incomplete or falsified medical records you can report your situation to any or all of the following:

PEAR at reform@pear-now.com or via our online Web Comment form www.pear-now.org.

The US Embassy in Warsaw:
American Embassy – Consular Section
IV Unit/Adoptions
Ul. Piekna 12
00-540 Warsaw, Poland
Tel: 48-22-625-1401 or 48-22-504-2106;
Fax: 48-22-504-2039
adoptwrw@state.gov

The DOS and COA via their online Complaint registry at:
http://www.adoption.state.gov/hague/overview/complaints.html

The Polish Adoption Authority:
Mrs. Elzbieta Podczaska, Director
Publiczny Osrodek Adopcyjno-Opiekunczy
ul. Nowogrodzka #75
02-018 Warszawa
Tel/fax: 48-22-622-0370, 0371, or 0372 (Please note that Mrs. Podczaska does not speak English, but members of her staff do.)
e-mail: poaowa@poczta.onet.pl




Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

PEAR releases Adoptive Parent Bill of Rights

Link to Adoptive Parents Bill of Rights updated May 14, 2010

PEAR has released the Adoptive Parent Bill of Rights. It can be accessed at http://www.pear-now.org/APBillofRights.pdf

PEAR's Prospective Adoptive Parent Bill of Rights is available on our website at http://www.pear-now.org/PAPBillofRights.pdf


Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Prospective Adoptive Parent Bill of Rights

Competent Providers: Prospective adoptive parents have the right to an adoption service provider with appropriate high-quality adoption services. Prospective adoptive parents have the right to receive a complete list of qualifications of all providers of adoption-related services. Qualifications include both adoption-related education and training.

Ethical Program: Prospective adoptive parents have the right to an ethical and economical adoption program. Prospective adoptive parents have the right to expect honest and complete program information, full fee disclosure, and fee amounts proportional to the complexity of the services provided. Prospective adoptive parents have the right to expect that all actions and payments by parties to the adoption process are legal and ethical in the United States and any other jurisdiction in which the payment or action is required.

Respect and Nondiscrimination: Prospective adoptive parents have the right to considerate, respectful treatment and communication from all members of the adoption system at all times and under all circumstances. An environment of mutual respect is essential to maintain quality adoption services.

Adoption Service Disclosure: Prospective adoptive parents have the right to receive accurate and clear information about their adoption plans, professional services, adoption options, risks and benefits, and cost implications to make an informed choice of services. Prospective adoptive parents also have a right to know how to reach adoptive service provider personnel and other necessary in-country service providers during and after business hours. Prospective adoptive parents have the right to receive information concerning the process of acceptance and refusal of a referred child or proposed match as well as the effect of refusing a referral or match prior to signing a contract for services. In the event that the adoption service provider challenges the competence of the prospective adoptive parent after a homestudy has been approved, a detailed, written statement regarding the challenge will be referred to the homestudy evaluator and a copy will be given to the clients. Prospective adoptive parents have the right to be free from threats of removing referrals during a challenge. They have the right to be treated in a professional manner throughout the challenge process. In domestic adoption placements, prospective adoptive parents have the right to clearly stated financial risks in case of denial of Medicaid or insurance for the placing mother's medicals bills. They have the right to know at the time of contract signing if delays or denial of finalization are tied to payment of after-the-fact denials of medical coverage.

Comprehensive Adoption Preparation: Prospective adoptive parents have the right to comprehensive pre-adoption education. Adoptive families need to understand the psychological, developmental, behavioral, emotional and medical challenges that adopted children may experience. This information is integral for being to make a fully informed decision about adoption, developing appropriate expectations, recognizing issues and finding appropriate resources to address the needs of the adopted child.

Broad-Based Consultations: Prospective adoptive parents have the right to consult adoption specialists, physicians, attorneys, adoption advocates, consumer advocates and others to help them better understand the process and their options. Prospective adoptive parents also have the right, without fear of retribution or retaliatory actions from the adoption service provider, to discuss their adoption plans and process with family, friends, consumer advocates, internet support groups, adoption advocates, physicians, attorneys, and governmental institutions through any communicative means as long as such disclosure does not violate the law or the privacy rights of a referred child.

Confidentiality of Information: Prospective adoptive parents have the right to communicate with adoption service providers in confidence and to have the confidentiality of their individually identifiable information protected. Information should not be transferred, sold or otherwise utilized without express written consent of the prospective adoptive parents. Prospective adoptive parents also have the right to review and copy their own records, request amendments, and transfer their records and information to other adoption service providers and governmental institutions as necessary to efficiently complete the adoption process as allowed by all jurisdictions involved. In the case of termination of the adoption service provider contract, the adoption service provider shall agree to return or destroy the confidential information and all copies, if so requested by the prospective adoptive parents unless prohibited by state law.

Fair appeal and grievance process: Prospective adoptive parents have the right to a fair and efficient process for resolving differences with their adoption service providers and the institutions that serve them, including a rigorous system of internal review and an independent system of external review. Prospective adoptive parents have the right to receive information prior to entering the service agreement/contract about the methods they can use to submit complaints or grievances regarding provision of services to their adoption service provider, the provider’s regulatory board, and any professional association. Prospective adoptive parents also have the right to be provided information about the procedures they can use to appeal decisions made through the adoption service provider’s internal grievance process. Prospective adoptive parents have a right to a fair and impartial external appeal process.

Provider Accountability: Prospective adoptive parents have the right to expect that adoption service providers may be held accountable and liable to prospective adoptive parents for any injury caused intentionally or through negligence or gross incompetence on the part of the adoption service provider and any of its subcontractors, associates and agents.

Complete Child Information: Prospective adoptive parents have the right to full and accurate information regarding the health, social and familial history of any child referred to them to adopt.

Legally Available Children: Prospective Adoptive Parents have the right to expect that the referred child was not made available for adoption through coercion, fraud, kidnapping, trafficking or other unethical practices from the family of origin or any third party to the adoption.

Lawful Process: Prospective adoptive parents have the right to expect that the process of adoption is in conformance with all applicable local, state, federal and international laws, including those of the child’s native jurisdiction. Respect for the family of origin and the laws of all involved jurisdictions are necessary for the integrity of adoption.

Adopted and Approved by PEAR Board of Directors, 6-30-09
Permanent Link

PEAR Winter Newsletter, March 2009

Winter Newsletter, March 2009

From the Board

We are pleased to formally introduce our two newest Board members, Pamela Veazie and Kim Kennedy.

Pamela Veazie joins the board as both our Membership and Post Adoption Services and Support Chairs. Pam believes that adoption preparation for prospective parents and post-adoption support for health issues is completely inadequate. The lack of insurance coverage for many therapies and lack of affordable educational remediation that targets language loss are two issues not being addressed. Additionally, Pam feels there needs to be a clear, holistic multiyear pathway of healthcare steps to heal internationally adopted children. Pamela is currently a stay-at-home mother of three children. Her youngest was internationally adopted from Moldova in 2005 at the age of two and a half. She has a Doctor of Pharmacy degree from Purdue University in 1994. Her professional experience includes clinical research and project management of women’s health products at a large pharmaceutical company and development of training materials for clinical research professionals, doctors and nurses. Over the past four years, Pam has become owner of two online adoption support groups and moderator for three others.

Kim Kennedy joins the board as a general member. She comes to PEAR with many years of experience as an advocate for adoption reform. She and her husband have adopted internationally and know both the joys of successful adoption and the tragedy of adoption scams. They have a special interest in open adoptions and adopting children with special needs and are particularly concerned about the lack of regulation for adoption service providers as well as the illegal procurement of children for adoption. Kim has an undergraduate degree in Psychology and Sociology from Hope College and a Master's degree in Urban Planning from the University of Michigan. Prior to becoming a stay-at-home mom she taught middle school and worked in community development. Kim has volunteered with non-profit organizations dedicated to improving adoption practices, spoken publicly on ethics in adoption, written for Adoptive Families magazine, facilitated adoption support groups, and volunteered with her local foster care agency.

New Search Engine on PEAR Website

We are pleased to announced the creation of PEAR's Adoption Ethics, Corruption and Reform Search Engine located on our website. PEAR board member Karen Holt has been busy uploading, indexing and updating this search feature to help the adoption community in researching these issues. Our search engine can be accessed by visiting our website: www.pear-now.org. It is located in the upper right-hand side of the webpage.

Adoption Agency Licensure, Regulation, and Oversight Project

PEAR is currently in Phase I of a study on the licensing, regulation and oversight of adoption agencies. The purposes of this study will be to better educate prospective adoptive parents, expectant mothers and the general public on the role of adoption agencies, to ensure best practices in adoption, to find appropriate avenues for resolving conflicts among agencies and clients, and to establish the groundwork for a model system that adequately protects the entire triad. In Phase I, we are researching the current laws and regulations governing adoption agencies with the assistance of the Miller Center for Public Interest Advocacy at the Penn State Dickinson School of Law. PEAR is indebted to Ms. Lynn Long and Ms. Karen Wilson, both second year law students at Dickinson, for conducting the research into statutory and regulatory state law. We are hoping to complete this phase of the study in early May 2009.

Phase II will explore current systems for resolving conflict, making formal complaints and overseeing the work of adoption agencies. Phase III will analyze the efficacy of the current system, and propose improvements that will better protect the adoption triad. For further information on this project, please contact Gina Pollock: rmprhp @ yahoo.com.

Post Adoption Services Project

PEAR is pleased to announce that our Post-Adoption Service Project is underway. The first phase of this project is our Observational Survey of Adoptive Parents on Success, Satisfaction and Types of Post-Adoption Services. The survey is currently available through a link on our website: www.pear-now.org. To date, we have received responses from over 300 adoptive families.

This project has three main goals: to identify Post-Adoption support that PEAR can provide to fill in the gaps that currently exist, to lay the groundwork for a joint clinical, randomized study with a larger, well-established adoptive parent organization, and to demonstrate PEAR's commitment as an organization dedicated to wholly supporting adoptive parents. Our hope is that this project will lead PEAR to work with other organizations to provide a comprehensive “healing roadmap” for adopted children and their families. For further information on this this project, please contact Pamela Veazie: PharmGirl13 @ indy.rr.com

Call to Action Vietnam

In November 2007, PEAR launched the Call to Action: Vietnam in response to increasing concerns within the adoption community over the ethical problems surrounding adoptions from Vietnam. Throughout the following year, PEAR has offered support and resources to families with children adopted from Vietnam who are facing the difficult realization that their adoptions may have been corrupted. We also continued to monitor the situation and have offered our perspective to the JCICS, and our government officials in Washington and Hanoi. For further information on Call to Action: Vietnam, please contact Karen Moline or Margaret Weeks at reform @ pear-now.org

Hague Issues

PEAR continues to monitor the transition to the Hague Process by following developments in agencies and approve persons, the applicant process, and the handling of complaints against Hague accredited agencies. Of particular concern are the current practices of umbrellaing, mergers, and employee/board sharing by Hague and non-Hague accredited agencies.

On March 6, 2009, three board members and two regular members of PEAR will travel to New York to attend the New York Law School's Sixth Annual Adoption Policy Conference cosponsored by the Center on Adoption Policy. The focus of the conference is International Adoption, the United States, and the Reality of the Hague System. PEAR highly recommends that triad members participate in this conference and lend voice to a process which we believe discounts the voice and experience of triad in matters of policy creation, attendance is free. Further information can be found at: www.nyls.edu/adoption.

For additional Information on our Hague related activities, please contact us at pearadopt@ yahoo.com

Adoptee Access to Records

PEAR continues in its work to support the right of all adoptees to full and complete access to their birth information. We recently joined forces with Cal Open to support legislation allowing unconditional access by adult adoptees to their original birth certificate in California. Our official Policy Statement on Open Records will be published this month. For further information on PEAR's work in support of Adoptee Access to Records, please contact us at pearadopt@yahoo.com

Adoptive Parents Bill of Rights and Prospective Adoptive Parents Bill of Rights

PEAR has been busy refining versions of a Prospective Adoptive Parent Bill of Rights and an Adoptive Parent Bill of Rights which respect the rights of adoptive parents, families of origin and adoptees and ensures best practices in adoption and post adoption services. Our Prospective Adoptive Parent Bill of Rights is near completion and our Adoptive Parent Rights is in committee for a redraft. For further information on these projects, please contact Kim Kennedy at pearadopt @ yahoo.com

Coming Soon...

International Adoption Statements
PEAR has been closely monitoring international adoptions for many countries. We are very concerned with information and reports coming from adopting families, adoptees, the US Department of State, and local media concerning adoptions from India, Nepal, Ethiopia and China. We will continue to closely monitor these country programs and hope to publish formal statements on our findings and concerns in late March/early April 2009.

In the Spotlight

Tidbits of information, resources and articles worth pursuing in the fight for ethical adoptions:

Focus on Children - 5 Defendants Sentenced on February 24, 2009. ~PEAR would like to express our profound disappointment in the sentencing of the owners and operators of the Focus on Children adoption agency. We believe the U.S. government had a real opportunity for justice in this case, but that justice was not served. Our government could have sent a powerful message to the adoption community that procuring children for adoption, misleading families of origin and lying to adoptive families is wrong and will be punished. Unfortunately, we do not believe the sentence given was proportionate to crimes committed. Five years probation is nothing compared to the lifelong effects all members of the triad will experience. Our sincere sympathies go out to all of the families, both in Samoa and the U.S. and we commend the families who chose to speak out about their experiences. Our organization will continue to advocate for improvement of regulations and enforcement of laws that promote sound ethical adoption practices. We hope for a day when all parents who seek to adopt can trust their agencies to place children honestly, ethically and legally. During the month of March, we will be offering FOC Samoa clients the opportunity to express their perspective and feelings about the issues they face on our blog. FOC clients interested in participating may contact Gina Pollock at rmprhp @ yahoo.com

Ethica’s Webinar Series: PEAR is pleased to support Ethica’s first webinar series for prospective adoptive families. The webinars will explore issues surrounding adoption fraud, how to choose an agency, and the implications of adopting from a "Hague" country. Upcoming webinars include: Webinar 2: March 18, 7-8:30PM EST "From Good Samaritans to Convicts - How to Choose an Ethical International Adoption Agency" and Webinar 3: April 8, 7-8:30PM EST "The Hague Convention 1 Year Later: Successes and Drawbacks" Space is limited so please register early. For more information, visit Ethica at www.ethicanet.org

PEAR is a 501(3)(3) non-profit corporation registered in the Commonwealth of Pennsylvania. All of our services and resources are offered free of charge and are prepared, maintained, and updated by an all volunteer board and staff. We hope that you will consider assisting PEAR’s activities and goals by making a donation or becoming a member. For more information on how to do this, please visit our website: www.pear-now.org.

Gina Pollock
President
Parents for Ethical Adoption Reform
Make a Difference - Join PEAR Now!
www.pear-now.org
526 N President Ave
Lancaster PA 17603
reform@pear-now.org

BE the change you want to see in the world. - Gandhi