Showing posts with label Adoption. Show all posts
Showing posts with label Adoption. Show all posts

Monday, May 13, 2013

DOS Alert: Government of Ghana Suspends Intercountry Adoptions

Alert: Government of Ghana Suspends Intercountry Adoptions

May 13, 2013
The Government of Ghana has temporarily suspended processing of all adoption cases, including intercountry adoptions, pending Ghana’s review of its current adoption procedures. The U.S. Embassy in Accra is seeking further clarification of the scope and duration of this temporary suspension by the Government of Ghana and how this suspension may effect pending adoptions.  The U.S. Embassy will continue processing adoption cases already approved by Ghanaian authorities.
The Department of State will continue providing updated information on adoption.state.gov as it becomes available.  If you have any questions about this notice, please contact the Office of Children’s Issues at 1-888-407-4747 within the United States, or 202-501-4444 from outside the United States.  Email inquiries may be directed to AdoptionUSCA@state.gov.


http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=alerts&alert_notice_file=ghana_1


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

Friday, May 3, 2013

Statement on the Documentary "Stuck"



The Board of Directors of PEAR would like to express some thoughts on the recently released documentary, Stuck, which purports to be an accurate depiction of the current problems with the international adoption process. The documentary shows compelling footage of adorable children in shabby orphanages around the world, and follows the plights of three families with their international adoptions.

Stuck is part of a larger publicity strategy by the Both Ends Burning campaign spearheaded by Craig Juntenen, which includes a national tour, petition drive, and a march in Washington, D.C., all ostensibly designed to increase the number of international adoptions.  Juntenen's strategy proposes to accomplish this by petitioning the US government “to remove barriers to international adoption.”

While specific barriers are not mentioned, it is clear from the discussions in Stuck that the requirements set forth in The Hague Convention on the Protection of Children and Cooperation in Respect of Inter-Country Adoption, specifically with regards to the Principle of Subsidiarity, are targeted.  The Principle of Subsidiarity states that it is in the best interest of children to be raised by family or kin. If immediate family/kin is unable, or unavailable, domestic placement with a foster or adoptive family in the child's own country and culture is the next best option. Finally, if neither of these alternatives is viable, then permanent placement with an appropriate family in another country through intercountry adoption is seen as an alternative.

PEAR’s members, comprised of all members of the adoption triad as well as those interested in adoption ethics, are of course deeply sympathetic to children in need. We believe that all children should grow up in loving families wherever possible.

However, PEAR strongly supports the safeguards provided by the Hague Convention rules and restrictions. We believe that Central Authority adherence to the Principle of Subsidiarity, for example, is in the best interest of children, birth families, and sending countries.  We are also very supportive of the Hague injunctions against infant trafficking, false promises, and other deceitful and coercive means used by many sending countries and their orphanages to unethically obtain children for the express purpose of international adoption.  Stuck turns the complex issue of international adoption into an extremely simplistic story that misleads and misinforms rather than offering meaningful solutions. 

For example, Stuck claims that shutting down adoptions is the same as telling children that their lives don’t matter.  Where adoption is the only choice for a child, it should be allowed and encouraged.  But Stuck completely ignores the fact that other choices may exist, such as placing a child with extended family, neighbors, or friends.  The Ethiopian birth mother profiled in the film said she relinquished her daughter because “I got nothing to feed her.”  Encouraging international adoption at the expense of family preservation efforts is the same as telling children and their biological families that their lives don’t matter.

Stuck also shows a researcher stating that if international adoptions decrease, the rates of institutionalization of children around the world could increase.  It is difficult to prove this assertion, and there is compelling evidence to show that the opposite is in fact true.  Experiences in Vietnam, Cambodia, and Guatemala have shown that the demand for adoptable children created by international adoption has actually caused more children to become separated from their families due to trafficking, false promises of educational opportunities, and outright confiscation, with many of those children ending up in orphanages. This anecdotal evidence is supported by studies showing that when international adoption closes in a country or region, the number of institutionalized children decreases, particularly in orphanages that had opened solely to provide children for these adoptions. Evidence for this was particularly strong in Cambodia, Vietnam, Guatemala, and China. In fact, in a video conference last November, Ambassador Susan Jacobs alluded to these studies. (http://adoption.state.gov/about_us/conversation_with_america.php) She said, “And we have to be very careful of that. And what we did find out is when we closed adoptions in a number of countries, the orphanages emptied out."

Stuck also claims that minor paperwork errors are a significant cause of international adoption delays.   An adoptive mother of a child from Vietnam profiled in the film describes a missing document that slowed down her child’s case.  But the movie avoids placing such issues into a larger context:  Adoptions from Vietnam were halted by the U.S. Department of State for multiple reasons. One was due to an overwhelming body of evidence showing that children were being trafficked; some were purchased from their birth mothers and re-sold to orphanages for lucrative adoptions.  Another was the use of corrupt facilitators, knowingly hired by U.S. agencies and sanctioned by Vietnamese officials, who oversaw the dispensation of licenses to these agencies.  Vietnam also failed to comply with their own laws and agreements to make the process more transparent and to explain where fees were going.

Similar findings about corrupt agencies, facilitators, lawyers, and government officials have been also found in Guatemala, Nepal, and Cambodia, which resulted in the closure of those programs.  Allegations and investigations about similar problems in other countries such as Ethiopia, China, and India have also occasioned extensive delays.

Paperwork necessities and delays, while annoying and often redundant, are not the real problem, as Stuck naively asserts. The real problem is lack of meaningful oversight of adoption programs around the world.  To sanction the removal of even the minimal safeguards that try to minimize or eradicate corruption in the costly international adoption process would likely cause more children to lose their original families, an increase in trafficking and other forms of corruption, and result in more children being “stuck” in government care when the programs inevitably collapse under fraud allegations and investigations.  

As a last point, Stuck also willfully neglects the voices of those with the most at stake: international adoptees themselves, especially those older than the children shown in the film. Its adoptive-parent-centric stance limits not only its scope, but its credibility about the repercussion of the process on powerless and vulnerable adoptees.

PEAR recommends the following thoughtful perspectives on Stuck:


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

Thursday, May 2, 2013

Department of State Alert: Democratic Republic of the Congo

Alert: Democratic Republic of the Congo Immigration Authorities Suspend Issuance of Exit Permits to Adoptees

May 2, 2013
Democratic Republic of Congo
On April 29, the Congolese Ministry of Interior and Security, General Direction of Migration (Direction Generale d’Immigration, DGM) informed the U.S. Embassy in Kinshasa that the DGM has temporarily suspended issuance of exit permits to adopted Congolese children seeking to depart the country with their adoptive parents.  This suspension is due to an ongoing investigation of an adoption that may not have complied with Congolese law.
The suspension of exit permits for adopted Congolese children applies to all intercountry adoptions and is not limited to adoptions by U.S. citizens.  These exit permits are required in addition to U.S. immigrant visas in order for children to travel to the United States.    
The DGM does not expect to issue exit permits to any adoptees during the investigation.  We will post new information as it becomes available on adoption.state.gov.



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

Notice: Malian Law Restricts Intercountry Adoptions


Department of State Notice for Mali

Mali  May 1, 2013

In December 2011, the Malian National Assembly passed a new Code of Person and the Family.  The Code includes a provision that only Malian citizens will be able to complete intercountry or domestic adoptions from Mali.  In the case of couples planning to adopt, both members of the couple must be Malian citizens. Note:  We understand that the law may allow Malian citizens who are also dual U.S. citizens to adopt.
The Department of State will provide updated information onadoption.state.gov as it becomes available.  If you have any questions about this notice, please contact the Office of Children’s Issues at 1-888-407-4747 within the United States, or 202-501-4444 from outside the United States.  Email inquiries may be directed to AdoptionUSCA@state.gov


http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=mali_2



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



Wednesday, May 1, 2013

Department of State Notice for Democratic Republic of Congo


Democratic Republic of Congo April 30, 2013
Notice:  Clarification regarding Embassy Kinshasa adoption-related immigrant visa procedures
This notice is intended to clarify the recent procedural changes in processing adoption related immigrant visas and their impact on pending and future adoptions from the Democratic Republic of the Congo (DRC).  We appreciate the patience of families and all those involved in adoptions from the DRC as the change in procedures is implemented. 
Explanation of the change in procedures effective January 2013:  Embassy Kinshasa is now conducting the required case review and I-604 investigation prior to the visa interview to verify that an adopted child is eligible to immigrate as an “orphan” under U.S. immigration law.  In light of a significant increase in the adoption workload, the unreliability of documents in the DRC, and the difficulty of traveling within the country, Embassy Kinshasa anticipates that case reviews and I-604 investigations will now take approximately three to six months to complete.  Case reviews may take longer if children come from an area experiencing civil unrest or where the security situation does not allow Embassy staff to travel safely.  Please note that adoption cases will be processed as expeditiously as possible.
Impact on families with previously scheduled interviews when the Embassy announced the change in procedures in January 2013:  Embassy Kinshasa will honor scheduled visa interview appointments.  However, the case review and I-604 investigation is still required for each case.  U.S. citizens are cautioned that the case review and I-604 investigation will take approximately three to six months to complete.  While previously scheduled visa interviews will take place, Embassy Kinshasa cannot guarantee that case reviews and I-604 investigations will be completed before the interviews or that visas will be approved within any specified time after the interview date. 
Impact on families without scheduled interviews and new cases:  Each case is unique and, therefore, it is difficult to estimate how long a case review and I-604 investigation will take or when it will be completed.  Families in this group can expect to be contacted by Embassy Kinshasa twice:  first, upon receipt of the approved Form I-600 petition from the U.S. Citizenship and Immigration Services National Benefits Center, and second, when the U.S. Embassy is ready to schedule a visa appointment.
Security situation reminder:  Because of the security situation in the DRC, Embassy Kinshasa discourages U.S. citizens from traveling to the DRC solely for the purpose of filing the Form I-600 petition.  Anyone considering travel to the DRC is strongly encouraged to review the Department of State’s travel warning for the DRC.  Due to these concerns, the Embassy recommends that only those U.S. citizens residing in the DRC file their Form I-600 petitions at Embassy Kinshasa.  Residents of the United States are encouraged to file their Form I-600 petition directly with the U.S. Citizenship and Immigration Services National Benefits Center. 
Departing the DRC after visa issuance:  The processing time for an exit permit with the DRC’s Direction Generale de Migration (DGM) is approximately seven days.  There is no fee for the exit permit.  The DGM conducts its own investigations to ensure Congolese adoption procedures have been followed.  Embassy Kinshasa will not contact the DGM to request expedited processing of the exit permit.  The Department of State strongly discourages the practice of paying “expediting fees” to Congolese offices in an attempt to move the adoption process more quickly.  These “fees” can be perceived as bribes that encourage corruption.
If you have concerns, questions, or information regarding the change in procedures or a specific adoption from the DRC, please contact the U.S. Department of State, Office of Children’s Issues at AskCI@state.gov.

Tuesday, January 29, 2013

DOS Adoption Notice: Adoption Notice for Nigeria


Nigeria  
January 29, 2013

Notice: Adoption Notice for Nigeria

Adoption and guardianship decrees from Nigerian states that lack adoption laws, and adoptions by persons of non-Nigerian heritage, may not be allowable under Nigerian law or acceptable for purposes of U.S. immigration.

The Department of State is aware of instances in which U.S. citizens have sought or are seeking to pursue adoptions in Nigerian states that lack adoption laws.  These states include all northern states, with the exception of Plateau State and Nasarawa State.  It is unclear whether any adoption or guardianship orders originating in these states can legally occur.  Therefore, such orders presented to the U.S. Consulate General in Lagos, as part of an adoption petition filing or visa application, will likely require further investigation.  More information on adoption investigations conducted by the U.S. Consulate General, including approximate wait times, can be found here.

Adoption laws in Nigeria are complex.  Even in states in which adoption laws exist, specific requirements can differ from state to state.  All Nigerian states that have adoption laws, with the sole exception of Lagos State, require the prospective adoptive parent(s) to be of Nigerian heritage.  As a result, non-Nigerians are not allowed to adopt in most states. 

The Department advises U.S. citizens interested in pursuing an adoption from Nigeria to research U.S. immigration laws and the relevant Nigerian federal and state laws and procedures by consulting with a reputable, licensed agency or experienced facilitator in the United States, and with the appropriate state social welfare office (usually named the State Ministry of Women’s or Family Affairs) in Nigeria. 

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=nigeria_1

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

Sunday, January 27, 2013

DOS Notice: Korea Begins Implementing Special Adoption Act


South Korea 
January 25, 2013
Notice: Korea Begins Implementing Special Adoption Act 

On August 5, 2012, the Republic of Korea (ROK) Special Adoption Act, which governs intercountry adoptions from South Korea, went into effect.  This law prioritizes domestic adoptions and endeavors to reduce the number of South Korean children adopted abroad.  Under the Special Adoption Act, each intercountry adoption requires the approval of the ROK Family Court.  We anticipate other significant changes from previous intercountry adoption procedures and requirements.  The ROK government has not yet given public notice of the details at this time.

The ROK’s Ministry of Health and Welfare recently informed the U.S. Embassy in Seoul that adoptions that were in process but not completed by August 5, 2012 will be processed under the new law.  Adoption agencies in Seoul have confirmed that the files of all children under last year’s quota who had not received Emigration Permits prior to the effective date of the new law are now being sent to the Family Court for approval once Emigration Permits are issued.  Prospective adoptive parents who believe their case may fall under the new law should contact their adoption service provider for more information.  The ROK is accepting new adoption applications; however, prospective adoptive parents should not expect rapid processing of these cases until the ROK’s new procedures are in place.

We will continue to keep you updated through adoption.state.gov as additional information is received.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=south_korea_1

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