USCIS/DOS Joint Statement: U.S. Suspends Processing New Nepal Adoption Cases Based on Abandonment

U.S. Suspends Processing New Nepal Adoption Cases Based on Abandonment

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) and the Department of State today issued a joint statement on the decision to suspend processing for new adoption cases based on abandonment in Nepal.

Joint Statement

In order to protect the rights and interests of certain Nepali children and their families, and of U.S. prospective adoptive parents, the Department of State and U.S. Citizenship and Immigration Services (USCIS) have jointly decided to suspend adjudication of new adoption petitions and related visa issuance for children who are described as having been abandoned in Nepal.

The Department of State’s recent interactions with the Government of Nepal and its efforts to review and investigate numerous abandonment cases, including field visits to orphanages and police departments, have demonstrated that documents presented to describe and “prove” the abandonment of children in Nepal are unreliable. Civil documents, such as the children’s birth certificates often include data that has been changed or fabricated. Investigations of children reported to be found abandoned are routinely hindered by the unavailability of officials named in reports of abandonment. Police and orphanage officials often refuse to cooperate with consular officers’ efforts to confirm information by comparing it with official police and orphanage records. In one case, the birth parents were actively searching for a child who had been matched with an American family for adoption. Because the Department of State has concluded that the documentation presented for children reported abandoned in Nepal is unreliable and the general situation of non-cooperation with and even active hindrance of investigations, the U.S. Government can no longer reasonably determine whether a child documented as abandoned qualifies as an orphan. Without reliable documentation, it is not possible for the United States Government to process an orphan petition to completion.

To the best of our knowledge, all other countries that had been processing adoption cases from Nepal have stopped accepting new cases due to a lack of confidence that children presented as orphans are actually eligible for intercountry adoption.

The suspension of adjudication of new adoption petitions on behalf of Nepali children reported as found abandoned is effective as of the date of this statement. Any petition filed for a child who has been presented as found abandoned and who was matched with a prospective adoptive parent prior to the date of this announcement, as evidenced by an official referral letter from the Government of Nepal, will continue to be adjudicated on a case-by-case basis and in light of the totality of the evidence available. The Department of State will reach out to prospective adoptive parents who meet this criteria. Petitions that continue to be adjudicated will only be approved if they are supported by reliable evidence. Every effort will be made to process their cases as expeditiously as possible with the best interests of children in mind.

Last updated:08/06/2010

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c720992b8144a210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Or Tiny url: http://tinyurl.com/USCISNepalNotice

FAQs can be found here:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b170992b8144a210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Or Tiny URL: http://tinyurl.com/USCISNepal-FAQs

PEAR will issue a statement discussing the suspension shortly.

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

Focus on Children Trust Fund

Excerpts from a Salt Lake Tribune Article
Defendants in Samoan adoption case must pay $100,000 to trust fund

A federal judge in Utah has ordered five operators and employees of the now-defunct Focus on Children adoption agency to contribute $100,000 to a trust fund that would allow Samoan children adopted by U.S. parents to connect with their birth families.

U.S. District Judge David Sam said the payments will serve both as punishment and a form of "restorative justice."

The money would be paid in monthly installments over the next five years. Sam's order, issued Tuesday, marks the end of the court proceedings in the case.

A 2007 indictment accused the five of tricking Samoan parents into giving up their children to the Wellsville-based group for adoption.

Prosecutors alleged relatives or friends in Samoa pushed the adoptions as a program that would educate children in the United States and return them at age 18. Also, the adoptive parents in the United States were falsely told the adoptees were orphans or abandoned and that communication with the birth families was forbidden, according to the indictment.


And

The defendants and the amounts they must pay are:

» Karen Banks, 48, who managed the adoption agency, and her husband, Scott Banks, 47, who also held a management position, $85,000.

» Dan Wakefield, 72, who helped locate children in Samoa for adoption, $8,000.

» Coleen Bartlett, 52, who facilitated the adoption of Samoan children, $4,000.

» Karalee Thornock, 36, who served as a Pacific Islands case worker, $3,000.

The U.S. Attorney's Office had asked for a minimum total of $108,000. Spokeswoman Melodie Rydalch said Thursday that while no amount of money can rectify the damage done, prosecutors are satisfied with Sam's order.

"We believe this money will be a significant help in opening the long-awaited lines of communication between children and families affected by the defendants' actions," she said.

Read the complete article here

New Scandal Errupting in China

Research China.org is reporting a new scandal errupting in China over the adoptions of children from the Guizhou Province. Please check the blog for Research China.

Below is a Google translated article concerning the situation as published in the Spanish news media:

About 80 babies in the province of Guizhou (southwestern China) were confiscated by authorities for family planning to parents who violated the one-child policy in the last eight years and given up for adoption to families from other countries, including Spain, announced today the independent press china.

The case, uncovered by the newspaper "Nanfang Dushibao" ( "Southern Metropolis News), affecting families in the district Zhenyu this province, one of the poorest in the country, and also to adoptive families in the U.S., Belgium and other European countries.

Apparently, girls are from families that violated the "one-child policy" and could not cope with the fine to be paid to have another rod (about $ 2900, equivalent to 2,000 euros).

The local family planning authorities falsified documentation to present to girls as orphans, and incorporated them into the system of international adoption by foreign families who came to it and charging fees of about $ 3000 (2,100 euros).

Suspicions arose when it was discovered a sharp increase in adoptions in the local orphanage between 2003 and 2005, falling back (when police launched a campaign against child trafficking at national level) and increased again in 2007.

Guangying Shi, one of the leaders of the seizure, said the newspaper "South China Morning Post" that the supply of orphan girls at the orphanage as it was despite not being a "politics of the district where the parents did not pay the fines."

Chinese rural families in general can only have a second child if the first is a girl, even if the law contains several exceptions and local amendments.

Spain is one of the largest Chinese children, especially girls, taken only after the U.S., although in recent years the increasing demands of China increased the processing time, reducing the number of adoptions.

Source: http://www.adn.es/sociedad/20090702/NWS-0114-Denuncian-extranjeros-adopcion-familias-darlas.html

According to the Research China blog, the following articles on this situation have been published in China:

China-wide:
http://news.sina.com.cn/s/2009-07-02/080218137623.shtml
http://www.mitbbs.cn/article_t/USANews/31230645.html
http://club.chinaren.com/0/149592969
http://bbs.asuro.cn/read-htm-tid-292443.html

Guangdong:
http://gcontent.nddaily.com/d/fb/dfb84a11f431c624/Blog/c79/662656.html#comment_ (Original Article)
http://www.mitbbs.cn/article_t/USANews/31230645.html
http://bbs.0668.com/viewthread.php?tid=305065

Sichuan:
http://press.idoican.com.cn/detail/articles/20090702141059/

Chongqing:
http://www.cqautofan.com/thread-168938-1-1.html

Hong Kong:
http://news.ifeng.com/society/5/200907/0701_2579_1228343_1.shtml

PEAR will be monitoring the situation and updating as necessary.

**Addition, Thursday, July 2, 2009 10 pm EST: The BBC is now covering this story as well;
http://news.bbc.co.uk/2/hi/asia-pacific/8130900.stm

Additional resources, Sunday, July 5, 2009 (use an online translator, such as Google translate to read these stories in your language):
Baidu.com "Abandoned baby X --you can finally see light" published June 13, 2009
http://hi.baidu.com/%C2%B7%BC%FB%B2%BB%C6%BD%C3%BB%D3%D0%B5%B6/blog/item/05dbec6289fde7d4e7113a8e.html
PEAR has created this tiny url for easier access to the article: http://tinyurl.com/mtu436

Network, Netherlands - "Weer adoptieschandaal in China" http://www.netwerk.tv/uitzending/2009-07-03/weer-adoptieschandaal-china

People's Daily Online - English, "Orphanage investigated, officials punished over baby adoption scandal in SW China" July 4, 2009, http://english.peopledaily.com.cn/90001/90782/6693153.html

For further developments, please follow Research-China's blog, Beating of Butterfly's Wings: http://research-china.blogspot.com/2009/07/beating-of-butterflys-wings.html

UPDATE: DOS Alert for Ethiopia - Addis Ababa Abandonment Cases

From:

U.S. DEPARTMENT OF STATE
Bureau of Consular Affairs
Office of Children’s Issues

---

May 26, 2009

Adoptions of Abandoned Children Halted by Ethiopian Court

On May 4, 2009 the Ethiopian First Instance Court temporarily stopped accepting cases involving abandoned children referred by orphanages in Addis Ababa, citing a substantial increase in the number of children being brought for adoption. The number of abandoned children from orphanages in Addis Ababa has grown dramatically in recent months and Ethiopian authorities have become aware of possible cases of unethical practices associated with some of them.

Neither the Ministry of Women’s Affairs (MOWA) nor the First Instance Court had been accepting abandonment cases from any orphanage in Addis Ababa pending an inquiry. However, on May 23 the Court confirmed that while the investigation into cases of abandoned children continues, it has begun accepting cases of abandoned children referred from Addis Ababa government orphanages. These include the following orphanages:

• Kebebe Tsehay Orphanage
• Ketchene Orphanage
• Kolfe Youth Center

Please continue to monitor adoption.state.gov for updated information on Ethiopia.

Source: http://adoption.state.gov/news/ethiopia%20alert.html

Ethiopa Addis Abandonment Cases: Information and Support Resouces for PAPs

PEAR is attempting to bring you the latest in reports from Ethiopia and the US government. We suggest the following resources for PAPs and interested parties to keep abreast of developments as they occur:

Yahoo groups:
PEAR Newsletter Group, http://groups.yahoo.com/group/PEARnewsletter

Blogs:
Current News on Ethiopian Abandonment Cases http://ethioadoptionnews.blogspot.com/
PEAR's blog http://pear-now.blogspot.com/

Government Websites:
http://www.adoption.state.gov/news/notices.html

Support for PAPs affected by the current situation with abandonment cases from Addis Ababa can be found here:
http://www.adoptionboard.net

We also encourage all adoption service providers with Ethiopian programs to provide complete and accurate information to their client families.

If you have information to share, please contact PEAR at http://us.mc01g.mail.yahoo.com/mc/compose?to=reform@pear-now.org and Current News on Ethiopian Abandonment Cases at http://us.mc01g.mail.yahoo.com/mc/compose?to=EthioAdoption@gmail.com

Ethiopia Update from US Embassy Addis Ababa

PEAR has confirmed that the following email was sent this week by the US Consular Section in Addis Ababa to all US adoption agencies for which the Embassy has contact information:

Dear All:

We contacted the Ethiopian Federal First Instance Court today. Court
President Ato Dessalegn told us that the investigation into cases of
abandoned children is still pending. But, the Court has begun
accepting cases of abandoned children referred from Addis Ababa
government orphanages. These include the following orphanages:
* Kebebe Tsehay Orphanage
* Ketchene Orphanage
* Kolfe Youth Center

I hope this information is helpful.

Regards,
Paul Cantrell
Consular Section Chief
U.S. Embassy, Addis Ababa

Updates will be published on the DOS website www.adoption.state.gov and by PEAR as we receive them.

UPDATE: Ethiopia

From the US Consular Office in Addis Ababa concerning the Ethiopian courts’ suspension of hearing cases involving abandoned children from orphanages in Addis Ababa:

"According to the Ethiopian First Instance Court and the Ministry of Women’s Affairs (MOWA), the Court has temporarily stopped accepting cases involving abandoned children referred from orphanages in Addis Ababa, citing concern over a recent increase in the number of abandoned children being brought for adoption. The number of abandoned children from orphanages in Addis Ababa has grown dramatically in recent months and Ethiopian authorities have become aware of possible cases of unethical practices associated with some of them. Currently neither MOWA nor the First Instance Court are accepting any abandonment case from any orphanages in Addis Ababa pending an inquiry.

The Embassy is working with stake holders as well as Ethiopian authorities to further clarify the nature and impact of this suspension and to identify options for resolving problems. I would recommend that interested parties monitor the Department of State’s website at http://adoption.state.gov/ for updated information on Ethiopia.

Thank you again for your message and for bringing this issue to our attention."

Excerpted from May 14 Letter to PEAR from Paul Cantrell, Consular Section Chief. U.S. Embassy, Addis Ababa

Have a Heart - Support Ethica's "Operation Identity"

In honor of Valentine's Day, PEAR is asking the adoptive family community to support and assist in Ethica's Operation Identity: Cooperating to Protect the Identity of Vietnamese Orphans. Identifying information is extremely important to adopted persons, it is important to all persons. As adoptive parents and prospective adoptive parents, it is our duty to preserve and protect our child's identity. It is our duty to make sure that the choices we make in adopting a child, choosing a program, and choosing an agency, do not negatively impact our future children. As a gift of love to our children, we need to stand up for what is right, not what is quick or what is easy.

Please take a few moments to read the following (from Ethica's website), then visit the website to read a further detailed report. Contact your agency, or any agency you know that works in Vietnam and encourage them to participate in this program.

Happy Valentine's Day,

Gina Pollock
Interim President
PEAR

"Operation Identity is a project designed to encourage the accurate identification of Vietnamese orphans and to prevent skyrocketing abandonment rates from impacting the future of adoptions from Vietnam.

The Problem:
The U.S. Embassy in Hanoi is reporting that 85% of all adoptions being filed at this time are for "abandoned" children. The Embassy believes that many of these abandonment cases are staged.

Ethica believes that other factors could be influencing the trend, and there is no clear evidence on why the trend is occurring.

The Effects:
There are two serious effects of this trend. Children are being deprived of their identifying information, and the high rate of abandonment in a country without a history of it could be a factor in whether adoption from Vietnam will continue.

The Initiative:
Operation Identity is designed to bring transparency to this situation, and to promote change that will protect the identifying information of children and future adoptions from Vietnam.

Agencies currently operating in Vietnam will be asked to confidentially provide statistics of the rate of abandonments for time periods before the closure of Vietnamese adoptions in 2002 and for the current time period; and from province to province. The database will go live next week.

Each agency working in Vietnam will be encouraged to speak with their overseas representatives, orphanage staff and provincial officials to discuss the need for children to have identifying information and the problems that high numbers of abandonments can cause.

The Desired Outcome:
Through cooperative reporting and concerted effort, the abandonment rate will start to decline.

FAQs:

1. Why do you need statistics?

Statistics are important to establish when the trend changed, and whether or not the changes are geographically limited to particular areas. Statistics also point to where efforts at change need to be targeted.

2. What is causing this trend?

We don't know. The Embassy believes there could be intentional erasure of identities to thwart investigations or to cover illegal activity. But there are other possibilities--the decision could be coming from local officials or orphanages who do not understand the importance of identifying information or who are looking for a simpler way to process cases.

3. Are you investigating agencies?

No! Ethica is not an investigative authority. The statistics reported on our site will not be linked to any particular agency or provider. The Embassy already has the agency by agency statistics--there is thus no need for us to collect statistics in order to "investigate" or harm any agency.

4. Why would abandonment rates impact future adoptions?

Officials become concerned when they cannot trace children's histories. A sudden rise in abandonments can signal that identities are being intentionally erased, perhaps to cover unethical activities or to stop successful investigations. When the U.S. government cannot conduct effective investigations into children's backgrounds, it can be difficult or impossible to determine which children are really "orphans" and concerns rise that visas could be given to trafficked or abducted children. This could lead to a decision to halt adoptions from that country until better practices emerge which provide transparency to the process.

5. What can I do to help?

Adoptive parents and supporters of adoption and adopted children can encourage agencies to cooperate in publishing statistics and take steps to change this practice. Agencies can participate and cooperate with others in finding ways to stop this disturbing trend."

Read a detailed discussion of this issue by visiting Ethica's website:
http://www.ethicanet.org/item.php?recordid=Identity1&pagestyle=default