
http://en.rian.ru/world/20121229/178469798.html
Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/
By Jennifer Kwon Dobbs, June 23, 2011
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 “It's time for the government to end its outdated attitude toward international adoption and make concrete steps toward protecting the rights of its children and the mothers who give birth to them.”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
‘Government has failed to ensure a record of adoptable children is maintained'
The Supreme Court has issued notice to the Central Adoption Resource Authority (CARA) and the Union government on a petition to review the adoption regime in the country, with a particular reference to the status and functioning of the CARA and procedural hindrances.
A Bench of Chief Justice S.H. Kapadia and Justices K.S. Radhakrishnan and Swatanter Kumar issued the notice on Thursday on a petition filed by the Bangalore-based Ashraya and five other adoption agencies.
The petitioners said that according to an article carried in April 2007 in The Times, London, “more than 11 million babies in India are abandoned, of which almost 90 per cent are girls. Most of these would become beggars, prostitutes or menial workers when they attain adulthood. Shockingly, as per official statistics from what is termed a ‘young nation,' the number of these children that are adopted every year is abysmal — just over 3,500…”
The petitioners said The United Nations Children's Fund (UNICEF) had also reported that an abnormally large number of Indian children were exploited and subjected to the worst forms of trafficking, all without the protection of a loving family. They said the CARA was mandated and funded by the government to monitor and regulate placement agencies, encourage timely adoption, avoid unseemly delays and duplication of processes, provide training and facilitate dissemination of research, but it had failed on every single count.
“Families seeking to adopt are left languishing as they wait for months to be given an adoptable child, and the reams of red-tape along with the lure of foreign money ensures that more children are sought to be given to foreign parents than Indian ones, which is contrary to the norm.”
They said the Union government had gravely failed to ensure that a record of the adoptable children was maintained and direct the State governments to register all child welfare institutions as per the provisions of the Juvenile Justice Act, 2000. They sought a direction to appoint an independent body of agency representatives, childcare experts, psychologists, physicians, lawyers, sociologists and planners to review the entire adoption regime, with a particular reference to the CARA's status and functioning and the procedural hindrances to an expeditious adoption procedure.
Theodore Lieberman, 2, adopted from Ethiopia, sits between his parents Jamie, right, and Aaron Lieberman, during the U.S. Citizenship and Immigration Services (USCIS) first ever Adoption Day ceremony,18 Nov 2010
Ethiopia is planning to shut down dozens of orphanages and withdraw accreditation from several foreign adoption agencies, in an effort to halt what critics say is a thriving baby business.
The Bright Hope transition center in Addis Ababa is a showcase child care facility, financed by a faith-based Texas charity. Twenty abandoned children, ranging in age from several months to four years, play in a carefully supervised environment as they wait to be placed in adoptive homes.
Bright Hope Director Getahun Nesibu Tesema says most of these orphans will be taken in by extended family members in Ethiopia.
"Our main focus is to help the children here in Ethiopia," Getahun said. "Adoption, international adoption especially, is our last resort."
But Bright Hope is an exception among foreign adoption agencies, in that it tries to place children within Ethiopia. This year, foreigners will take away about 5,000 Ethiopian orphans, often paying between $20,000 and $35,000 each for the privilege.
Half that number, nearly 2,500, will go to the United States. That is a ten-fold increase above the numbers just a few years ago.
U.S. Senator Mary Landrieu, co-chair of the Congressional Adoptions Coalition recently stopped at Bright Hope during a visit to the country that is becoming the destination of choice for Americans adopting overseas. Landrieu says it is easy to see why the number of Ethiopian orphans going to the United States has skyrocketed.
"One of the reasons is because people in America are falling in love with Ethiopian children," Landrieu said. "They love them. It's very simple. They think they're beautiful and smart."
The rapid rise in Ethiopian adoptions has set off alarm bells among children's lobby groups. The U.S. State Department issued a statement this month expressing concern about reports of adoption-related fraud, malfeasance and abuse in Ethiopia.
The statement warns prospective adoptive parents to expect delays in the adoption process. It says additional information may be required to determine facts surrounding a child's relinquishment or abandonment and whether the child meets the definition of orphan, under U.S. Immigration law.
Embassy consular officials say nearly two years of data collection has enabled them to identify individuals and agencies involved in unusual adoption activities.
U.N. Children's Fund in Addis Ababa chief Doug Webb says the large amount of money changing hands in adoptions is a huge temptation in an impoverished country.
"Money is a powerful factor in this country," Webb said. "We're talking about $20-25,000 per adoption coming into the country. And, there is increasing evidence of irregularities within the system of various types of problems at different levels. And, these have been well documented by PEAR."
Parents for Ethical Adoption Reform did a study of Ethiopia, this year, after detecting a pattern of troubles similar to those in Vietnam and Guatemala before they were closed to American adoptions. The PEAR study turned up evidence of unethical practices by adoption agencies and the use of coercive methods to persuade mothers to give up their babies.
Conditions in orphanages were found to be particularly severe. Some had no running water or sanitary facilities. Children are said to have suffered sexual abuse and beatings.
Ethiopian officials say their own studies confirm PEAR's findings. Mahadir Bitow, head of Ethiopia's Child Rights Promotion and Protection Director tells VOA one of the first priorities will be to close dozens of orphanages that appear to have sprung up to meet the demand for children.
"Before 6-7 years there were not a lot of orphanages, like there are now, so the increased number of adoption agencies brought about the increase in the number of orphanages in Ethiopia," Mahadir said. "Most of these orphanages are not orphanages. They are transit homes. They receive children. They give to adoption. They are a (pipeline). So in the future we will not need all these orphanages."
Mahadir would give no time frame for shutting down orphanages that exist simply to fill the demand in the United States and a few other Western countries for Ethiopian babies.
She acknowledges the plan to close as many as 25 percent of the country's orphanages could create temporary havoc, as officials scramble to place thousands of de-institutionalized children. But she says taking away financial incentives should reduce the supply of babies offered for inter-country adoption.
Mahadir tells VOA the government also plans to re-accredit all foreign adoption agencies, using higher standards to weed out those involved in questionable practices. Child care advocates have been urging such a move for years.
Part two of this series will examine whether an impoverished country like Ethiopia, with a weak social services infrastructure, can successfully fight the moneyed interests intent on keeping the baby pipeline open. And, if they do succeed, whether the phenomenon will simply pop up in another part of the globe.
Find this article at:
http://www.voanews.com/english/news/Under-Pressure-Ethiopia-Plans-Crackdown-on-Baby-Business-111848424.html
REPRINTED WITH PERMISSION OF THE AUTHOR 12/15/10
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"The fourth point is the ratification of the agreement itself," he continued.
more: http://en.rian.ru/world/20101203/161609105.html
(AFP) – 3 December 2010
WASHINGTON — US and Russian officials who had hoped to finalize a deal this week on new rules for adoption will need another meeting to complete the details, the State Department said Friday.
Russia imposed a de facto ban on US adoptions of Russian orphans and the two countries began working on a legal framework after a US woman sparked outrage in April by putting her adopted son on a plane alone back to Russia.
"It does not appear as though we will actually finalize the text today," State Department spokesman Philip Crowley told reporters as the two sides wrapped up three days of talks on a deal...
An accounting of all adoptions in the state is needed to head off the potential for abuse like mothers wrongfully giving up maternal rights or being overcompensated for their babies, a lawmaker said Friday.
Rep. Jason Nelson, co-chairman of the legislative Adoption Review Task Force, said only the number of adoptions through the Department of Human Services is made public.
The agency finalized 1,698 adoptions during the 2010 fiscal year, an agency spokeswoman said Friday.
Adoptions handled by private agencies and by attorneys, who negotiate directly between mothers and the adoptive families, are not made public, said Nelson, R-Oklahoma City.
“We have no idea how many adoptions take place nor do we catalog the types of adoptions,” Nelson said. “Right now we're just flying blank; we have no idea how many of them take place, what the average cost is. We have no clue. We can't even ballpark it.”
A suggestion by a task force member is to require all adoptions be filed with the court clerk's office in the county where they are finalized.
Oklahoma County District Judge Patricia Parrish, a task force member, said during Friday's meeting that she has been told some Oklahoma County attorneys are going to Canadian County to file court papers to terminate birth mothers' parental rights.
“That makes me wonder if they're doing the same thing with these contracts,” Nelson said, referring to contracts attorneys had birth mothers sign stating they would give up their parental rights before the baby is born. “You can't terminate parental rights until the child is born; it's an illegal contract.”
The task force is working on recommendations to beef up a measure authored by Nelson that became law last year. That measure requires public reporting of adoption expenses to allow judges and the public to see the actual costs attorneys charge in adoptions.
It also requires that only one prospective adoptive family at a time be billed for a birth mother's expenses and that all adoptions must be conducted in one of four locations — the home county of the birth mother, the home county of the adoptive parents or in Oklahoma or Tulsa counties.
The law was intended to stop attorneys from shopping for judges who don't ask too many questions about the fees attorneys charge for adoptions and to prevent attorneys from having families bid against each other to adopt a child, Nelson said.
The measure was the result of findings of a state grand jury four years ago that found that some adoptive parents had been forced to pay for vehicles, car parts, traffic tickets, television sets and other items which were masked as adoption costs.
The haphazard regulation of adoption expenses created an atmosphere in which some women and their attorneys effectively sold children, the report states.
Nelson said he is seeking more transparency in the adoption process without compromising the confidential nature of the process.
“Before, the confidential nature of the process allowed these bad practices to creep in and become part of how adoptions were done by some attorneys and judges,” he said.
“It's part of the overall goal here to give everybody confidence that our adoption process in Oklahoma is not corrupt,” Nelson said, “and to make adoption a more attractive option in Oklahoma than abortion.”
Task force members made suggestions to define and exclude expenses that can be considered adoption costs. Housing expenses and necessary utilities, such as electric, gas, water or telephone bills would be considered reasonable and necessary living expenses for the birth mother; purchase of a vehicle would not be.
A draft will be prepared next month and a final report is to be issued in January. Nelson said some of the report's findings likely will be used to file legislation for the upcoming session that begins in February.
Washington, D.C. – U.S. Sen. Amy Klobuchar (D-MN) announced that her legislation, the International Adoption Simplification Act, has passed the House of Representatives and will now be sent to the President’s desk to be signed into law.
The bipartisan legislation, introduced by Klobuchar and cosponsored by Senators James Inhofe (R-OK) and Mary Landrieu (D-LA), would allow U.S. parents to adopt children who are siblings, even if one of those children is between the ages of 16 and 18, and help protect children’s health during the adoption process.
The bill would restore two exemptions to U.S. immigration law for internationally adopted children that were eliminated when the United States began implementation of the Hague Convention on Intercountry Adoption.
More: http://www.hometownsource.com/index.php?option=com_content&view=article&id=15725:klobuchars-bipartisan-adoption-bill-now-goes-to-the-president&catid=1:latest
GILGIT: The Gilgit-Baltistan Supreme Appellate Court on Wednesday took strong exception to a Gilgit-based NGO Sina Health and Welfare society accused of sending nearly 50 children abroad for adoption over the years without fulfilling legal formalities. The children were sent without birth certificates.
The two-member bench, comprising Chief Judge Justice Nawaz Abbasi and Justice Mohammad Yaqoob, heard the suo motu case that was brought to the court’s notice by the National Database and Registration Authority (Nadra).
The NGO was represented by a senior lawyer and the chairman of the NGO, Sher Baz, also attended the hearing. Nadra was represented by an official of its legal affairs department and the police department was represented by DIG police Farman Ali.
The lawyer representing the NGO told the apex court that the organisation had been involved with this humanitarian issue over the past 15 years and that so far, it had placed 103 children, including orphans and abandoned children from Gilgit-Baltistan, under the United Nations convention on child rights.
He said that at present, one child had been adopted by a family in the UK, eight in the US and about 40 in Canada. The chief judge asked the Nadra representative to verify the whereabouts of these children.
The advocate said that whenever the NGO received an abandoned child, they report the case to the police and provide shelter to the child before giving them up for adoption. When the judge asked how many babies they had received so far, the advocate answered in vague terms, saying ‘some’.
The DIG police denied any knowledge of the NGO and said that he had not received any report from them about abandoned children, when he was asked by court to confirm the NGO’s statements.
Justice Abbasi remarked that developed countries had adoption laws and said: “We will have to see if our courts allow such adoption methods.”
The Nadra representative said that birth certificates of the children adopted by foreigners had been sent abroad without official sanction. The chief judge said that this was an offence.
The NGO’s advocate said that the NGO keeps a track and that they have maintained a record of all adoptions. The chief justice asked them to submit complete data before the court by the end of the month.
Published in The Express Tribune, November 4th, 2010.
http://tribune.com.pk/story/72238/ngo-in-court-for-child-trafficking/The Central Adoption Resource Agency (CARA) has been directed by the Bombay High Court to consider 18 cases of international adoption recommended by Pune-based adoption agency Preet Mandir.
A division bench of chief justice Mohit Shah and justice RP Sondur-Baldota, on Friday, allowed CARA, an autonomous body under the ministry of women & child development, to process the adoption applications of 18 children that were in the pipeline.
The court order came following an application filed by CARA seeking permission to process 18 adoption cases that had been halted due to revocation of Preet Mandir’s licence.
A South African national of Indian origin, who had filed an application for adoption with Preet Mandir, had filed another plea seeking that the application be processed.
In February, CARA had suspended Preet Mandir’s licence on May 20, the licence was revoked following the Central Bureau of Investigation registering a case against the adoption house for alleged irregularities in sending children on inter-country adoptions.
Complete text can be found here:
There’s a tiny grave near an orphanage on the outskirts of Bishkek. It holds the body of an undersized 2-year-old girl who died in August from complications of a disease that is dangerous, yet often manageable in the United States. The little girl, who had been matched for adoption with a Florida doctor, is a casualty of a moratorium on international adoptions imposed long before Kyrgyzstan became engulfed in turmoil this spring.
The dead girl’s adoption, along with those of 64 other Kyrgyz orphans by American families, had been stalled for roughly two years [6] . After protracted talks, officials on both sides are optimistic that the adoption logjam will finally be broken -- but they all concede that the issue will ultimately need to be resolved by the Kyrgyz legislators who are elected in the nation’s October 10 parliamentary elections [7].
“The parliament will be back and (proponents of completing these adoptions) have quite a serious lobby there,” Kyrgyzstan’s provisional president, Roza Otunbayeva, told EurasiaNet.org on September 23. Otunbayeva was in New York for the 65th United Nations General Assembly.
Kyrgyz officials are currently reviewing a memorandum of understanding (MOU) prepared by the US State Department that, if signed by both governments, would expedite the adoptions of the 64 orphans. Ambassador Susan Jacobs, The State Department’s Special Advisor for International Children’s Issues, presented the MOU in mid-September to different Kyrgyz ministries during a special trip to Bishkek.
Jacobs said that once both governments agree on the document’s language, the MOU can be submitted to the new sitting parliament in Kyrgyzstan for approval.
"We're hoping that we can get this done before the end of the year," Jacobs said. She acknowledged that the disabilities and developmental delays of many of the children added an element of urgency to the process. “While these children were offered for domestic adoption, they were not adopted. So they were institutionalized. These are tough cases; these children need to be in a loving home."
Time means the most to the prospective adoptees in need of medical help and therapy. The younger they are, the more effective surgeries and therapy can be. Carrie and Bob Delille of Virginia are trying to bring home one of the oldest children in the group of 64, an 11-year-old boy with a cleft palate and possibly a bone condition. The palate issue means the boy basically has no roof to his mouth, makes eating difficult.
“If this [adoption] process had gone the way it was supposed to, he would have come home a year earlier,” Bob Delille said. “Instead, here he languishes in an orphanage undernourished, with no surgery, and with rickets.”
According to local news media, the MOU has Kyrgyz support. Feruza Dzhamasheva, chairwoman of the Supreme Court, met with Jacobs on her visit and “expressed readiness to co-operate in achieving an aim, because Kyrgyzstan is also interested in helping those children to join their families,” Kyrgyz news outlet 24.kg reported.
Drafting the MOU was a Kyrgyz recommendation. A delegation visiting the United States in late August suggested that the United States create an agreement as a way to restart talks on the issue that had languished. The Kyrgyz officials requested two specific provisions be included: that the children retain their birth citizenship after adoption and live as dual US and Kyrgyz citizens; and that the government receive a yearly report on each child until his or her 18th birthday.
Keeping tabs on local children adopted by foreigners is a sensitive issue in the former Soviet Union. Reports of Russian orphans who’ve died since being adopted internationally have stoked fear about the process in the region, as did the incident last April when a Tennessee woman relinquished her adopted 7-year-old son by placing him alone on a plane back to Moscow.
The Kyrgyz government is currently rewriting its laws on international adoption to address these concerns and to try to reduce corruption in the system. The MOU would only resolve the 64 pending cases. A moratorium would remain in place on new foreign adoptions from Kyrgyzstan until new legislation is enacted.
After two years of starts and stops, dozens of unfulfilled promises from governments and adoption agencies, and political upheaval in Bishkek [8] that nearly unraveled all their efforts, some of the 64 families are guarded when discussing the MOU.
“We have to manage our emotions,” said New York resident Frances Pardus-Abbadessa, who, along with her husband, Drew Pardus, is hoping to adopt a 3-year-old boy. “As much as we want to get excited, there are still too many potential barriers that could cause this wonderful timeline to go astray.”
As time ticks on, the story of the two-year-old girl’s sad fate sits in the back of many waiting parents’ minds. The girl’s adoptive mother, a Florida pediatrician named Suzanne Bilyeu, was the first to diagnose the child’s advanced hydrocephalus from photos she received in March of 2009, seven months after she was originally scheduled to bring the girl home. This led to two in-country surgeries, the second of which was this summer. The girl died a few weeks after that last procedure, on August 9.
“She’s what we’ve all been so afraid of, what we all thought could happen,” Bilyeau said, discussing the fears of the families as they wait thousands of miles away from the children they hope to bring into their own families. “She undoubtedly is in a beautiful place. It just seemed like such a preventable loss.”