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

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/

Tuesday, October 23, 2012

DOS Adoption Notice: Colombia's revised procedures for determining children's eligibility for intercountry adoption

Colombia
October 22, 2012 
Notice: Colombia's revised procedures for determining children's eligibility for intercountry adoption
 
Colombia's Institute for Family Welfare (ICBF) recently announced revised procedures for determining a child’s eligibility for intercountry adoption, which may affect some adoptions involving U.S. families. This process is known in Colombia as the “re-establishment of rights.” ICBF implemented these new procedures as a result of a November 2011 Constitutional Court ruling that ICBF was not fully considering the rights of, and opportunities for placement with, biological and extended families before placing a child for domestic or intercountry adoption.

To comply with the Constitutional Court decision, ICBF has been reviewing approximately 1,300 declarations of adoptability to ensure they meet the revised procedures. ICBF has identified a number of cases in which the adoption eligibility determination for a child does not meet the new standards. ICBF has placed an administrative hold on these cases until it is satisfied that the adoptability determination is evaluated as to whether there might be an extended family member who could care for the child.  ICBF will notify prospective adoptive families that have been matched with children whose cases require evaluation. For privacy reasons, ICBF cannot inform the prospective adoptive families of the specific reasons for the review, and ICBF cannot offer any guarantee of the final outcome of the review.

As of September 2012, the U.S. Embassy in Bogota is aware of six instances involving U.S. families whose adoption proceedings required review; one adoption has since been finalized. These reviews represent a small percentage of the total number of intercountry adoptions between Colombia and the United States, and the Embassy continues to work with ICBF to encourage timely resolution. Families who learn that their adoption has been placed on hold should inform the U.S. Embassy in Bogota by contacting IVBogota@state.gov.

In addition to these formal reviews, both ICBF and the Colombian family court system appear to be scrutinizing proposed adoptions more carefully. Prospective adoptive families may experience delays while ICBF evaluates a family’s suitability before finalizing the match with an available child. The issuance of the adoption decree by a family court judge may also take longer than in the past. Families should anticipate spending six to eight weeks in Colombia to obtain the final adoption decree. Given these delays, the Embassy strongly advises all families with less than three months’ validity left on USCIS fingerprint results to make arrangements with USCIS (NBC.Hague@dhs.gov) to update these before traveling to Colombia to complete the adoption.

The Department of State will provide 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. E-mail 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=colombia_1

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

Friday, September 28, 2012

Upcoming Adoption Forum in NYC: The Impact of Chinese and other International Adoption Practices in relation to Birth Families, Abandonment and Searches

Upcoming Adoption Forum in NYC: The Impact of Chinese and other International Adoption Practices in relation to Birth Families, Abandonment and Searches


The Board of Directors of FCC of Greater NY and the Asian/Pacific/ American Institute at New York University are honored to present An Adoption Forum featuring David Smolin, Brian Stuy and Longlan Stuy who will speak about their work and experiences concerning
The Impact of Chinese and other International Adoption Practices in relation to
Birth Families, Abandonment and Searches

Saturday, October 20, 12PM-6PM
19 University Place, (near E 8th St.), NYU, NY

REGISTER online at www.fccny.org
$15 per person for FCCNY members, $20 for non-members
FREE students (16yrs+) and NYU student registration. Students should rsvp to Kathy at fccnybrooklyn@ aol.com

Brian H. Stuy is the owner and founder of Research-China. org, an organization that obtains information about a China adoptee's history and birthplace. He has visited and researched orphanages throughout China, seeking answers for adoptive parents about their children's beginnings. Brian has been actively involved in FCC -Utah for a number of years, including as president of the chapter. He has had numerous articles regarding adoption research appear in Adoption Today Magazine and various FCC publications.
Brian speaks about the adoption program in China and discusses various issues that confront adoptive parents when contemplating or performing a search, and how individual orphanage programs can impact the success of a search.

Longlan Stuy is Research-China. Org's in-country researcher and translator. She has worked with Brian since the inception of Research-China. She owned "Longlan's Place" on Shamian Island from 1996 until her marriage to Brian in 2004. She shares her vast knowledge and love of her home country with the adoptive community, and is passionate about assisting the children who remain in China's orphanages. Brian and Longlan have three daughters from China: Meikina from DianBai, Meigon from Guangzhou, and Meilan from Luoyang.
Longlan speaks about her first hand experiences with the different orphanages in China in relation to various patterns and issues, finding and talking with birth families, and how and why birth families in China have come to relinquish their children.

Professor David Smolin, Harwell G. Davis Professor of Constitutional Law and Director, Center for Biotechnology, Law, and Ethics, at Cumberland Law School, Samford University, is a noted scholar on the effect of population policies on international adoption and related issues. He has made presentations to the Hague Special Commission on the Practical Operation of the Hague Adoption Treaty, to the Central Authorities over Adoption of the Canadian government, at the Sao Paulo, Brazil, State Supreme Court, at the Korean Women's Development Institute and the Second International Symposium on Korean Adoption Studies in Seoul, S. Korea, to the Joint Council on International Children's Services annual symposium, and to many academic adoption conferences. David and his wife Desiree have 2 daughters who were adopted from India.
David provides some information for better understanding China's adoption practices in the context of the broader world of intercountry adoption and what has happened in adoptions from other nations. He will discuss the issue of the increasing significance of adult adoptee participation in intercountry adoption discourse and how that might impact the Chinese adoption community in the future. He will also be looking at the aftermath of abusive adoption practices and at some of the difficulties that arise, for families, with those practices, including issues relevant to special needs and older child adoption. He will also discuss competing narratives regarding intercountry adoption from China, and how such narratives can impact adoption triad members.

Questions? Contact Linda Mancini, linda.mancini@ hotmail.com
............ ......
Schedule
12:00pm - Arrival/Registration
12:15pm - Opening Remarks
12:30pm - Brian Stuy speaks about the adoption program in China and discusses various issues that confront adoptive parents when contemplating or performing a search, or when presenting a child's pre-adoption history, and how individual orphanage programs can impact our child's understanding of their origins, and the the success of a search.
1:30pm - Longlon Stuy speaks about her first hand experiences with the different orphanages in China in relation to different patterns and issues, finding and talking with birth families, and how and why birth families in China have come to relinquish their children.
2:00pm - Audience Questions/discussion with Brian, Longlan, Adoption Psychologist
2:45pm - Break
3:00pm - David Smolin provides some information for better understanding China's adoption practices in the context of the broader world of intercountry adoption and what has happened in adoptions from other nations. He will discuss the issue of the increasing significance of adult adoptee participation in intercountry adoption discourse and how that might impact the Chinese adoption community in the future. He will also be looking at the aftermath of abusive adoption practices and at some of the difficulties that arise, for families, with those practices, including issues relevant to special needs and older child adoption.
4:00pm - Audience Questions/discussion with David Smolin, Adoption Psych
4:30pm - Wrap-up,concluding remarks with David, Brian and Longlan
5:00pm - Wine & Cheese reception 

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

Wednesday, February 29, 2012

The Unofficial "Why the adoption establishment annoys me" Blog Week

One of our favorite submissions thus far:

Why Does the Adoption Lobby Annoy Me? They All Get Along

http://reformtalk.blogspot.com/2012/02/why-does-adoption-lobby-annoy-me-they.html

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

Sunday, June 26, 2011

Article: Ending South Korea's Child Export Shame


Ending South Korea's Child Export Shame

South Korea is on the verge of changing its reputation as the world’s leading baby exporter to a world leader in grassroots adoption reform. The first-ever birth mother, unwed mother, and adoptee co-authored bill is moving toward a National Assembly vote with government sponsorship.

Under current South Korean law, prospective adoptive parents don’t need to undergo criminal background checks. Moreover, agencies counsel unwed mothers, whose children comprise almost 90 percent of adoption placements, to sign illegal paperwork consenting to adoption even though their children are still in their wombs. The new bill proposes urgent revisions to change these realities and stipulates a court process for adoption, a cooling off period for child surrender without duress, and the documentation of identities, among other provisions.

"What makes this reform effort distinctive is that [it] is neither the result of a top-down process nor a powerful adoptive parent lobby,” says tammy ko Robinson, coalition member and professor at Hangyang University. “This bill is co-authored and informed by those of us who have been directly affected by this law.” The bill is a coalition effort that includes Adoptee Solidarity Korea (ASK), Korean Unwed Mothers and Families Association (KUMFA), and several other groups.

"[The revision of the special adoption law] is an opportunity for South Korea to fully enter the 21st century as not just an economically developed nation, but as a socially developed one," says ASK representative Kim Stoker. “It's time for the government to end its outdated attitude toward international adoption and make concrete steps toward protecting the rights of its children and the mothers who give birth to them.”

full article: http://www.fpif.org/articles/ending_south_koreas_child_export_shame



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