FY 2013 Annual Report on Intercountry Adoption

DOS released the FY 2013 Annual Report on Intercountry Adoption:
http://adoption.state.gov/content/pdf/fy2013_annual_report.pdf

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

PEAR STATEMENT ON THE PROPOSED “CHILDREN IN FAMILIES FIRST ACT”

The “Children in Families First Act of 2013” (http://www.govtrack.us/congress/bills/113/s1530), sponsored by Democratic Senator Mary Landrieu of Louisiana, begins with the assumption that “The people of the United States recognize and believe that children must grow up in permanent, safe, and nurturing families in order to develop and thrive.” Unfortunately, that underlying assumption by the Senator and her co-sponsors is not supported by the changes proposed to adoption law and regulation in the act itself.

Senator Landrieu makes many authoritative-sounding assertions that lack any evidentiary support in social literature and studies. For example, while neglect in an institutional setting should certainly be avoided, there is nothing that shows that long-term foster care arrangements with area foster families is detrimental to child development, and the ability of a child to thus remain in their native culture can and should be seen as a significant advantage.

The goal of the bill is to “realign the United States Government’s current operational system for assisting orphans and vulnerable children, and processing intercountry adoptions.” Thus, the primary goal of the bill is not to seek to improve the domestic adoption program inside the United States, but to impose United States goals and desires upon the rest of the world. The bill, for example, will require each sending country to annually report to the United States Department of Homeland Security how many children are “living without families,” to what extent “family permanence solutions are being utilized,” and other detailed reporting requirements. It is not clear why other countries would or should feel obliged to provide this information, but the bill seems to assume that such reporting can be accomplished by legislative fiat.

Although the subsidiarity principle (placing children domestically as a first priority) is recognized by the authors of the bill, under this legislation both in- and out-of-country options would be considered simultaneously, with preference given for whichever method results in the quickest adoption. Thus, under the terms of this act, if an infant child could be adopted within a month through international adoption and six months through domestic adoption, the act gives preference to the international adoption. This, in effect, negates any deference to the subsidiarity principle as codified in the Hague Agreement.

The underlying assumption among those in the adoption industry, including the authors and supporters of this bill, is that the collapse in international adoptions in recent years is due to increased administrative and regulatory burdens on sending countries, adoption agencies, and potential adoptive families. The conventional wisdom is that there are millions of orphans that could find permanent homes if the governments of the world would just get out of the way. The “Children in Families First Act of 2013” thus seeks to convert the U.S. Department of Homeland Security from a participant in the international adoption arena to its overseer.

But the facts are that the decline in international adoptions has been the result not of increased regulations and oversight, but adoption scandals in the sending countries themselves. China, Vietnam, Cambodia, Guatemala, Ethiopia, and nearly every other large program collapsed or is collapsing under the weight of baby-buying and other unethical practices. The “Children in Families First Act of 2013” does not address this reality, and imposes no new safeguards to make the world’s international adoption program more secure, transparent or ethical.

As concerned parents of adoptive children from around the globe, PEAR feels passionately that steps must be taken to improve the transparency and ethical standards of the world’s adoption programs. We support changing the U.S. definition of child trafficking, for example, to include trafficking for purposes of adoption. But the “Children in Families First Act of 2013” does little to increase the reliability and transparency of the international adoption programs in the world.

For additional information on the Act, see:  http://www.adoptionbirthmothers.com/children-in-families-first-chiff/

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

DoS Alert: Colombia Moratorium Update

The Colombian Institute for Family Welfare (ICBF) formally announced several important changes in Colombia’s management of intercountry adoptions.

Beginning July 15, 2013, ICBF will no longer accept new intercountry adoption applications from non-Colombian citizens living abroad interested in adopting a child under 6 years and 11 months old, unless ICBF considers the child to have special characteristics or needs.  Families who are considering adopting a healthy child in this age range should ensure that they have filed their initial application with ICBF no later than the July 15, 2013 deadline.  Visit ICBF website to learn what documents ICBF requires as part of the initial application.  ICBF has indicated this moratorium will last at least two years.

The Department of State expects that adoption processing will continue to operate normally in all other respects.  Families who have already been accepted by ICBF as prospective adoptive parents for a healthy child less than 6 years and 11 months old will maintain their place on the existing waiting list and ICBF will continue to match and finalize adoptions for these children.  Families interested in adopting older children or any child identified by ICBF as being more difficult to place because of special characteristics or needs should not experience any changes as a result of this decision.  Furthermore, ICBF has indicated that any family currently on the waiting list which is open to adopting a different category of child should work with their adoption service provider to let ICBF know.  Visit icbf.gov.co to learn more about the 8,000 children with special characteristics or needs who are currently awaiting adoption.

In addition to this moratorium, ICBF has also implemented a number of changes affecting adoption service providers and private adoption houses.  Effective immediately, adoption service providers may no longer charge prospective adoptive families for “humanitarian assistance” programs as part of an adoption contract.  In addition, ICBF has formally reminded prospective adoptive parents, adoption service providers, and private adoption houses of its ban on donations by any family or entity involved in an ongoing adoption prior to the completion of that adoption.  ICBF is concerned that these payments and donations jeopardize the credibility of Colombia’s intercountry adoption process.  The Department of State expects that ICBF may take adverse action against any individuals or entities that do not honor these requirements.

For updates you may email the Bogota U.S. Embassy at:IVBogota@state.gov, Attn Adoptions or refer to adoption.state.gov for updates.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=alerts&alert_notice_file=colombia_2

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

DoS Notice: U.S. – Ireland Operating Arrangement for Outgoing Adoptions of U.S. Children by Irish Prospective Adoptive Parents

June 7, 2013

The Department of State and the Adoption Authority of Ireland have concluded discussions on an operating arrangement for Irish prospective adoptive parents to adopt children who are eligible for intercountry adoption in the United States and who will emigrate from the U.S. to Ireland under Hague Adoption Convention (Convention) procedures.   The operating arrangement includes eligibility standards for prospective adoptive parents and prospective adoptive children in accordance with Irish and U.S. Convention procedures.  In order to ensure that Ireland will be able to issue an Article 17 letter, adoption service providers should comply with the provisions listed here.

The Department of State will host a conference call with the Adoption Authority of Ireland and interested U.S. accredited adoption service providers who are accredited to provide outgoing adoptions service from the U.S. on June 20 2013 to address any questions and facilitate guidance on the arrangement.  The Department of State will provide further details on the conference call in the near future.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=ireland_2

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

DOS Notice re China: New Location for Consulate General Guangzhou

June 7, 2013

The U.S. Consulate General in Guangzhou, which processes all U.S. immigrant visas in China, will be moving to the Zhujiang New Town area of Guangzhou.  This spacious and modern facility will house consular services for visa applicants and for U.S. citizens.  The Consulate General will suspend operations on or about July 15, and will resume adoption-related visa services by appointment on July 24. 

In order to complete timely processing of current cases and to ensure that services continue smoothly, the Consulate General’s Adopted Children’s Immigrant Visa Unit (ACIVU) will maintain the following schedule of services:

• July 5—Last day for Letter Seeking Confirmation submissions until resumption of services.  All LSCs submitted by this date will be returned on July 12.
• July 11—Last day for adopted children’s immigrant visa interviews until resumption of services.
• July 12—Last day to pick up issued visas, Article 5 packets, and other processed documents until resumption of services.
• July 24—Adoption-related visa services resume at new facility.

Families and Adoption Service Providers are advised to incorporate this schedule into their planning for submitting documents, scheduling visa interviews, and determining travel dates.

For updates, please check the U.S. Consulate Guangzhou web site oradoption.state.gov.  You may also contact the ACIVU staff atGuangzhouA@state.gov if you have any questions.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=china_3

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

DoS Alert on El Salvador: Adoption Delays and Complications

El Salvador and the United States are parties to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption ("Convention").  Therefore, all adoptions between El Salvador and the United States initiated after April 1, 2008, must meet the requirements of the Convention and the U.S. and Salvadoran laws implementing the Convention.

The U.S. Embassy in San Salvador continues to work with the Salvadoran Central Authority – the Public Defender’s Office (Procuradoria General de la Republica - PGR) – to ensure that intercountry adoptions comply with the requirements of the Convention and U.S. and Salvadoran law.  However, the U.S. Embassy in San Salvador continues to see both out-of-order and incorrectly processed intercountry adoption cases that are not in compliance with these requirements or valid for U.S. immigration purposes.  Adoptive families have encountered serious delays, additional expenses, uncertainty, and unexpected difficulties.  The Department of State therefore advises U.S. citizens to proceed with caution when deciding whether to adopt from El Salvador.

All U.S. citizens and Adoption Services Providers (ASPs) should consult with the U.S. Embassy prior to beginning the adoption process in El Salvador.  Those with adoption cases already underway should likewise consult with the U.S. Embassy.  The U.S. Embassy can provide background on the common problems that arise so that both ASPs and prospective adoptive parents (PAPs) can monitor their adoption case carefully to ensure that it is compliant with Convention requirements and valid for immigration purposes. 

Most adoptions in El Salvador take at least two years to finalize, and some have taken as long as eight years.  PAPs and ASPs should be prepared to work closely with the Public Defender’s Office for Adoptions (Oficina Para Adopciones – OPA) to ensure that their adoption case is following the correct path and meeting all legal requirements so that it will be valid for immigration purposes once the adoption process is finalized. 

To contact the Immigrant Visa Unit at the U.S. Embassy in San Salvador regarding a pending or future adoption case, please send an e-mail to adoptsansal@state.gov.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=alerts&alert_notice_file=el_salvador_1

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

Update on Intercountry Adoptions in Guatemala

Joint USCIS-State Delegation to Guatemala

During the week of May 13, 2013, Special Advisor for Children's Issues Ambassador Susan Jacobs traveled with USCIS Director Alejandro Mayorkas to Guatemala for meetings with Guatemalan government officials of agencies directly involved in adoptions, including the Procuraduría General de la Nación (PGN) and the Guatemalan National Council on Adoption (CNA). They also met with members of the Supreme Court, the Ministerio Publico (MP), the Ministry of Social Welfare, and the Ministry of Foreign Affairs (MFA).  Their visit provided an important opportunity to meet recently-appointed Guatemalan officials and emphasize that the timely and transparent resolution of all the remaining pending transition adoption cases in the best interests of the children remains a top priority for the United States.

The meetings were also an opportunity to review the progress on completion of these remaining cases following recent administrative and personnel changes in the Government of Guatemala. In the last several months, the Guatemalan government has accelerated its completion of cases, and fewer than 100 pending transition adoption cases are awaiting resolution as of the date of this notice.  Since January 1, 2012, 28 cases have moved to CNA's Acuerdo process, and nine cases have concluded with the immigration of the adopted children to the United States with their U.S. citizen parent(s).  Fourteen cases have concluded with the child's reunification with a biological family member in Guatemala.

Officials at the PGN, which has the authority to complete the investigations in the pending cases, report having 52 cases in various stages of investigation.  The PGN has received renewed funding for its investigators, allowing them to continue their work with a goal of completing these investigations within two months.  PGN will then send any cases that cannot continue to completion under the notarial procedures to the Guatemalan courts for either adoptability decrees or family reunification.  According to the Guatemalan Supreme Court, there currently are no backlogs at the courts, so that legal process should proceed without delays.  The cases with court decrees will go to the CNA for completion of the adoptions through the Acuerdo process. 

The USCIS and Consular staff of the U.S. Embassy in Guatemala City are in constant communication with the Guatemalan officials responsible for adoption procedures.  U.S. Embassy staff monitor and promote Guatemalan progress in resolving the remaining cases by attending the semi-weekly meetings of the technical group where these authorities work through the cases. Prospective adoptive parents may contact USCIS directly at Guatemala.adoptions@dhs.gov, and the Immigrant Visa Unit of the Consular Section directly at AdoptGuatemala@state.gov, in order to inquire about the status of individual adoption cases.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=guatemala_11

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

South Korea Ministry of Health and Welfare Signs Hague Adoption Convention

“This signature will serve as a pivotal case ensuring the best interests of children born here to grow up in a family here as well, while taking responsibility of the safety and human rights of internationally adopted children to show our country’s will to realign our children’s rights standard to match the global standard, herein and abroad,” said Minister Chin Young at the signing ceremony. 

http://www.korea.net/NewsFocus/Policies/view?articleId=108341

The Convention has yet to be ratified and implemented.  For additional information and analysis, please see:  Signing Hague Convention: Implications and Challenges for Korea

http://www.koreatimes.co.kr/www/news/opinon/2013/05/197_136433.html


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

DOS Alert: All Adoption Cases with the Ghanaian Department of Social Welfare are Subject to Suspension

Ghana 

May 20, 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. All adoption cases which have not received final approval by the Ghanaian Department of Social Welfare are subject to this suspension.

At this time, adoption cases which have completed processing with the Ghanaian Department of Social Welfare, and are either before a Ghanaian court or have a completed adoption order, are unaffected by the suspension.  Urgent or emergency cases subject to the suspension can be referred directly to the Ghanaian Director of Social Welfare in Accra for consideration.

The U.S. Embassy will continue accepting orphan petitions and approving qualified visa applications of those cases not subject to the suspension.

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_2

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

DOS Notice: Democratic Republic of Congo

Democratic Republic of Congo
May 16, 2013

Notice for Individuals Seeking Further Information Following the Department of State's May 14 Conference Call

The Department of State has received information that a number of adoption service providers and prospective adoptive families were unable to join the conference call on adoptions from the Democratic Republic of the Congo (DRC) on May 14, 2013.  We regret that not everyone was able to participate in the call and are exploring options for future outreach.

During the call, we reviewed the information available on the Department’s website in the May 2 Adoption Alert regarding the suspension of exit permit issuances, the April 30 clarification Adoption Notice, and the March 15 Adoption Notice concerning the removal of children from orphanages by purported birth family members.  Please note that any new developments will be published on Adoption.State.Gov as information becomes available.

Individuals who are seeking information on the process for adopting from the DRC or further clarification regarding a specific adoption are encouraged to contact the Office of Children’s Issues at AskCI@state.gov or toll-free at 1-888-407-4747.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=democratic_republic_of_congo_7

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

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/

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.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=alerts&alert_notice_file=democratic_republic_of_congo_1

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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/

DOS Adoption Notice: Bolivia/Procedural Barriers to Hague Adoptions

Bolivia April 26, 2013

Notice: Procedural Barriers to Hague Adoptions

The Office of Children’s Issues and the U.S. Embassy in La Paz have received numerous inquiries from prospective adoptive parents interested in adopting children from Bolivia.

Bolivia is a Party to the Hague Adoption Convention.  Therefore, in order to adopt a Bolivian child, prospective adoptive parents are required to work with a Hague- accredited U.S. adoption service provider (ASP) who is also authorized by the Ministry of Justice, which is the Bolivian Central Authority, to facilitate adoptions of Bolivian children.  However, Bolivia has not authorized any U.S. Hague-accredited ASPs to process adoptions of Bolivian children.  As a result, the intercountry adoption of children from Bolivia to the United States is not possible at this time.  Although the U.S. Embassy will continue to engage with the Bolivian government on this issue, we cannot estimate when the Bolivian government will authorize a U.S. ASP to facilitate Bolivian adoptions.

The foregoing does not affect the ability of an adoptive parent who is habitually resident outside of the United States to file a Form I-130, Petition for Alien Relative, for an adopted child from Bolivia with U.S. Citizenship and Immigration Services (USCIS).  To be considered habitually resident outside of the United States, the adoptive parent must complete two years of legal custody and shared residency in Bolivia with the child.

USCIS determines whether a child meets the definition of an “adopted child”, and qualifies for immigration on a case-by-case basis.  For more information about Form I-130, please visit the USCIS Form I-130 processing page.

If you have further questions, please contact us by phone at 1-888-407-4747 or e-mail us at adoptionUSCA@state.gov.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=bolivia_1

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

DOS Adoption Alert: Haiti authorizes U.S. adoption service providers

Haiti  

February 8, 2013

Alert: Haiti authorizes U.S. adoption service providers

Haiti’s adoption authority, Institut du Bien-Être Social et de Recherches (IBESR), has authorized a limited number of U.S. adoption service providers (ASPs) to provide adoption services in Haiti pursuant to its new administrative adoption procedures, which became effective on November 5, 2012.  Although these new procedures are part of the Government of Haiti’s efforts to become a Hague Adoption Convention partner with the United States, at this time Haiti is not party to the Convention.  The U.S. government will continue to process adoptions under the non-Hague system until the Convention enters into force for Haiti.

In order to complete an intercountry adoption from Haiti, the adoption must comply with all of Haiti’s laws and regulations.  These include the eligibility of the prospective adoptive parents to adopt, the eligibility of the child for intercountry adoption, and the matching of prospective adoptive parents with a specific child.  The child must also meet the definition of an orphan under U.S. immigration law.  All adoptions filed with the Haitian government on or after November 5, 2012 must comply with the new procedures.

The Department strongly urges all U.S. prospective adoptive parents interested in pursuing an adoption in Haiti to work with an ASP authorized by IBESR.  The Department emphasizes that Haiti’s new procedures prohibit adoptions in which arrangements are made directly between the biological parents or custodians and the prospective adoptive parents (i.e. private adoptions).  The new procedures also prohibit adoptions in which prospective adoptive parents seek a match with a child without the assistance of IBESR or an ASP authorized by the Haitian government (i.e. independent/individual adoptions).  Similarly, Haiti will not approve adoptions where the child’s biological parents or legal representatives expressly decide who will adopt their child, unless the adoption is of a spouse’s child, is an intra-family adoption, is by a child’s foster family, or the child is the sibling of a child who has already been adopted.  

The procedures (paras. 37-40) also specifically require ASPs authorized by IBESR to conduct post-adoption reporting on the child every six months for the first two years and annually for three additional years after the child is placed with the adoptive family.  These reports must include a medical evaluation of the child, a school report, a psychological evaluation, and a social evaluation.  The director of the authorized ASP must author the first four reports and forward them directly and solely to IBESR, whereas an independent expert may author the final three reports and the parents can submit them to IBESR.

According to IBESR, the following 19 U.S. ASPs have been authorized to provide adoption services in Haiti.  The Department will publish the names of any additional authorized ASPs upon receipt of official notification.  Publication of this list of ASPs does not constitute the Department’s endorsement of them:

• A Love Beyond Borders
• Adoption-LinkAll Blessings International/Kentucky Adoption Services
• All God’s Children International
• America World Adoption
• Bethany Christian Services
• Building Arizona Families
• Carolina Adoption Services, Inc.
• Children’s House International
• Chinese Children Adoption International
• Dillon International, Inc.
• European Adoption Consultants, Inc.Holt International Children’s Services, Inc.
• Lifeline Children’s Services
• Love Basket
• MLJ Adoptions, Inc.
• Nightlight Christian Adoptions
• Sunny Ridge Family Center, Inc.
• Wasatch International Adoptions

The U.S. Embassy in Port-au-Prince will continue to clarify the new procedures as they are updated by IBESR, and the information in this update is subject to change.  Please refer to our website adoption.state.gov for updates on adoptions in Haiti.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=alerts&alert_notice_file=haiti_5

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

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

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

FY 2012 Annual Report on Intercountry Adoption

DOS released the FY 2012 Annual Report on Intercountry Adoption on its website today: http://adoption.state.gov/

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

Cautionary Statement for Families In Process of Adopting from Russia

PEAR has become aware of possible scams and exploitative practices being aimed at families currently in the process of adopting from Russia. We would like to take this opportunity to encourage those caught in the adoption ban to proceed with caution, and to thoroughly investigate any individual or organization offering assistance. Of special concern are individuals and organizations offering private adoption services or information available only through non-public, locked, or pay-for-viewing websites.

We encourage waiting families to consult with their agency and the US Embassy in Moscow if they believe that their case is not being adequately advocated. If this does not produce sufficient answers and attention, we suggest that families consult with an attorney in the US who has experience with intercountry adoption practices and international law. Please take care not to set yourself up for exploitative, unethical, and illegal practices.

We also encourage families to share information concerning this type of conduct with other adopting families via any format with which they feel comfortable (online adoptive parent groups, support groups, etc) and with the US Embassy/Department of State through the Russianadoption@state.gov email address.

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

Special Appeal: Sponsorship of Panel Speaker at Pepperdine

Pepperdine University School of Law is holding a conference February 8 - 9, 2013 entitled "Intercountry Adoption: Orphan Rescue or Child Trafficking?" One of the invited panel speakers is Mark Riley, Alternative Care Consultant and Child Advocate at The Alternative Care Initiative. Mark is an international adoptive parent who has been an outspoken critic of unethical international adoption practices. He is working with the Ugandan government to address the current issues within the Ugandan system and has been actively involved in Alternative Care for children, encouraging changes to institutional care, since he first visited Uganda in 2001.  Mark is currently supporting the Ugandan Government on Alternative Care and has developed a number of toolkits to assess and monitor child care institutions. 

Mark, along with his wife Keren, has provided  insight, inspiration, and support to PEAR over the last two years and our board believes that Mark's contributions at this conference are much needed. The effect of the pressures of current intercountry adoption "programs" on alternative care options for children in Uganda and elsewhere is an issue that needs to be discussed. Mark's perspective as both an adoptive father and consultant in alternative care is unique and reflects PEAR's perspective on these topics.

PEAR's board has pledged $500 to Mark's expenses, but we would like to open up a brief fundraising campaign through our membership and readership to add to that amount.

If you would like to support Mark's participation in the conference, please visit our website to for information on how to make a donation either by check or via PayPal. http://pear-reform.org/donate.htm

Please send an email to our board designating  that the donation is for sponsoring Mark Riley as a speaker at the Pepperdine Conference. reform@pear-reform.org,  place "Conference Sponsorship" in the "to" field, and let us know whether you contributed via PayPal or will be forwarding a check to Margaret Weeks.

For information on the Conference, please visit:
http://law.pepperdine.edu/nootbaar/annual-conference/

For information on the Rileys and their work in Uganda, please visit:
http://www.alternative-care-uganda.org/
http://rileysinuganda.blogspot.com/

PEAR is a 501c3 nonprofit.

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

Universal Accreditation Act Becomes Law

President Obama signed the Intercountry adoption Universal Accreditation Act on January 14, 2013. 

The DOS published the following Announcement on the Universal Accreditation Act:

 

 On January 14, 2013, the President signed The Intercountry Adoption Universal Accreditation Act of 2012 (UAA), one of the last bills passed in the final days of the 112^th Congress. The effective date of the UAA is July 14, 2014, 18 months after the President's signature.

The UAA has broad implications for all U.S. adoption service providers (ASPs) active in intercountry adoption. It affects currently accredited or approved ASPs and those ASPs with programs only in non-Hague Adoption Convention countries of origin, where federal accreditation or approval was not previously required.


The purpose of the UAA is to apply the provisions of the Intercountry Adoption Act of 2000 (IAA) concerning the accreditation of ASPs to agencies and persons providing adoption services in cases involving children described in Immigration and Nationality Act (INA) section 101(b)(1)(F) and adopted through the orphan process. By requiring all ASPs handling cases under 101(b)(1)(F) and 101(b)(1)(G) (concerning children habitually resident in Hague Adoption Convention countries) to receive the same accreditation under federal standards, families adopting internationally will have the assurance that regardless from where they adopt, the ASP they choose to work with will be in substantial compliance with the same ethical standards of practice and conduct.


Previously, the conduct of accredited agencies in non-Convention cases did not generally fall under the oversight and monitoring responsibilities of the Department of State-designated accrediting entities (AEs). Such conduct is now subject to the oversight and monitoring by AEs. The UAA also extends the enforcement provisions of the IAA to ASPs providing adoption services in orphan cases.

The UAA provides for transition cases (grandfathering) in certain situations; ASPs providing adoption services in grandfathered cases do not need to be accredited.


A copy of the UAA is available in pdf format at this link.

Additional information on the UAA will be available soon on our website, Adoption.State.gov, in the Information for Agencies section.

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