UPDATE: Call to Action Vietnam - USCIS/DOS Statements

Adoptions from Vietnam to the United States Will Not Resume Without a New Bilateral Agreement - Action Taken to Establish Safeguards that Protect Children and Families

WASHINGTON – United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) issued a joint statement with the government of Vietnam announcing that the processing of new adoption cases will not resume until both countries sign a new bilateral agreement.

The governments of the United States and Vietnam are taking this action jointly because both governments recognize the complexity of issues relating to intercountry adoptions and the importance of developing a transparent adoption system that protects all parties. The United States continues to strongly support the Vietnamese government's efforts to establish an appropriate child adoption system with sound safeguards and protections for children and families. Until a new bilateral agreement is reached, USCIS and DOS have concluded it is in the best interest of children and families to not process any post-Sept. 1, 2008 adoption cases. This action does not affect cases where the prospective adoptive parents were matched with a child before Sept. 1, 2008, the date the previous bilateral agreement expired.

USCIS and DOS will continue to process Vietnamese intercountry adoption cases where the child was matched with the prospective adoptive family before Sept. 1, 2008. Prospective adoptive parents, who may need clarification of the status of their case, may verify whether their adoption petition qualifies as a pre-Sept. 1 case by e-mailing the U.S. Embassy in Hanoi at: hanoiadoptions@state.gov. The Embassy strongly advises prospective adoptive parents not to travel to Vietnam until they have received notification from the Embassy that their case is ready for final processing and travel is appropriate.

The United States government is committed to supporting Vietnam in its efforts to establish practices necessary to appropriately process intercountry adoptions. We have therefore expressed our willingness to begin negotiations on a new bilateral agreement with the government of Vietnam that addresses the deficiencies in their current system. We cannot predict when a new bilateral adoption agreement with adequate safeguards for all parties will be concluded.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fa81be340e10d110VgnVCM1000004718190aRCRD&vgnextchannel=f3beaca797e63110VgnVCM1000004718190aRCRD

Tiny URL: http://tinyurl.com/4dqxzo

The joint statement between the United States and Vietnam is available in the RelatedLinks section of the USCIS webpage.

Additional information on international adoptions is available online at www.travel.state.gov, or in the Adoptions section of the USCIS website.

Additional printed FAQ available at the USCIS website: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a805be340e10d110VgnVCM1000004718190aRCRD&vgnextchannel=f3beaca797e63110VgnVCM1000004718190aRCRD

Tiny URL: http://tinyurl.com/3vw9aw

UPDATE: Call to Action Vietnam - USCIS Warning

UPDATE: Call to Action Vietnam

On Friday, April 25, 2008, the US Embassy in Hanoi took the unprecedented step of releasing a detailed "Summary of Irregularities in Adoptions in Vietnam" about the adoption corruption their recent investigations uncovered in Vietnam. The text of this summary can be found at: http://vietnam.usembassy.gov/irreg_adoptions042508.html

This summary followed an earlier warning not initiate adoptions from Vietnam, which can be found at:
http://vietnam.usembassy.gov/adoption_warning0408.html

In it, the Embassy stated: "On April 25, the Government of Vietnam announced that it will allow adoption to be completed in cases where prospective adoptive parents have been matched with a child and received an official referral prior to September 1, 2008". It further stated that in accordance with Vietnamese law, "the DIA will suspend the acceptance of new dossiers on July 1, 2008. On September 1, 2008 any dossier that has not received a referral will be closed and returned to the Adoption Service Provider. In view of the processing time required in Vietnam from placement to the Giving and Receiving Ceremony, an adoption process begun now cannot be completed before the current Agreement expires."

In news articles widely disseminated on the Internet, DIA angrily denied the charges and stated that the MOU (Memo of Understanding) governing adoptions between the US and Vietnam would not be renewed.

Parents for Ethical Adoption Reform (PEAR) sympathizes with all families caught up in this situation: prospective adoptive parents (PAPs), adoptive parents, birth parents, and children. We know that this news is extremely disturbing to parents waiting to adopt, as well as to adoptive parents (APs) of Vietnamese children, who must now wonder if their children's adoptions had been free from corruption. This is a tragedy effectively ending the adoption dreams of many PAPs, while affecting the future of the legitimate orphans awaiting these families. It particularly puts ongoing humanitarian aid from adoption agencies (ASPs)
to these desperately needy orphanages at risk. It is a position no person should ever have been placed in.

We also wish to support the efforts of the US Embassy in Hanoi, particularly the Adoptive Children Immigrant Visa Unit, who have worked tirelessly for many months, and amid mounting criticism from many PAPs angry at delays affecting their paperwork, to uncover the ongoing corruption that has been presented in damning, incontrovertible detail. Given this report, there can be no doubt about the serious flaws in the adoption process in Vietnam. Adoptions from Vietnam can no longer be defended as free from potential corruption, and they need to cease. A great deal of work on the part of both countries must be undergone before there is any talk of entering into a new agreement.

However, given the lack of transparency; the failure of DIA to adhere to several of the most salient points of the MOU; the licensing by DIA of many agencies known to have engaged in corrupt practices before the first shutdown; the anger engendered by the Department of State's investigations in different Vietnamese provinces; and the staunch denial of wrongdoing by these ASPs (and their clients) who knowingly tried to hide their trafficking, PEAR is not surprised that Vietnam adoptions to the US will cease.

As a result, PEAR believes it is time for PAPs who will no longer be able to adopt from Vietnam, as well as APs who now may have reason to doubt the legitimacy of their child's adoption, to unite. By uniting, we can better demand reform from agencies that have behaved with little government oversight and regulation for far too long.

We suggest the following course of action:

A. For PAPs:
1. Contact your ASP immediately to ask how to proceed with your case.
2. Contact PEAR with any concerns or questions you may have about the proposed procedures from your agency.
3. Contact the US Department of State and or the US Embassy in Hanoi with any suspected illegal or unethical behavior on the part of any ASP.
4. Demand that the DOS dislcose and take legal action against the ASPs that have committed outright illegal and unethical acts in Vietnam.
5. Keep meticulous records of contacts and information provided by your agency. You may have grounds for legal action against the ASP - be prepared with good records.
6. Do not be afraid to speak out. Do not be afraid to demand answers.
7. Consider joining us at PEAR and assisting in our work.
8. Consider donating to legitimate humanitarian aid programs supporting Vietnamese orphanages.

B. For APs who suspect that their completed adoption
may have been unethical and/or illegal:
1. Prepare to take legal action. Review your paperwork, contact your agency, the DOS and the Embassy and request information and assistance in verifying your child's identity and paperwork. Keep meticulous records of contacts and information provided by your agency.
2. Consider an investigation into the adoption through the use of a searcher. PEAR is currently compiling a list of expereinced searchers in Vietnam.
3. Report your concerns and suspicions to PEAR, DOS and the US Embassy in Hanoi. PEAR will be compiling lists of clients according to ASP and province in order to provide families with connections and resources.
4. Consult an attorney who specializes in adoption fraud. PEAR is currently compiling a list of experienced attorneys who may be willing to assist you.
5. Demand that DOS disclose and take legal action against ASPs found to be participating outright in illegal practices.
6. Do not be afraid to speak out. Do not be afraid to demand answers.
7. Consider joining us at PEAR and assisting in our work.
8. Consider donating to legitimate humanitiarian aid programs supporting Vietnamese orphanages.

C. For ASPs working in Vietnam
1. We ask that all ASPs suspend submitting new dossiers at this time, unless they have been assured by the Department of State and DIA that there will be official referrals prior to July 1.
2. We also ask that agencies contact us with their plans and their projected needs for assisting their clients who do not have referrals by July 1.
3. We are calling on all Vietnam ASPs with support of the JCICS to act in a manner that respects the emotional and financial hardship PAPs will be experiencing, and to work in a cooperative manner to find solutions for all families effected by the
pending closure. To assist in this we suggest:
- An effort from all 42 ASPs working in Vietnam to transfer Vietnam dossiers to other country programs within the agency
with minimal financial hardship to families.
- A cooperative effort by the 42 ASPs, with the support of JCICS, in the creation of an inter-agency transfer of dossiers to
other open programs for a minor fee if the original agency does not have other viable options, such as working in
countries other than Vietnam.
4. We ask all APSs currently working in Vietnam to continue with their humanitarian efforts in the provinces and orphanages
with which they work. PEAR will assist in getting the word out to the public concerning legitimate humanitarian aid programs in Vietnam orphanages.

D. For everyone concerned with providing ethical
adoptions in all countries:
1. Write to the DOS and the US Embassy in Hanoi and request the disclosure of ASPs engaged in corrupt activities. While the US Embassy in Hanoi may not be permitted to name the ASPs described in their "Summary of Irregularities"�, we hope they will name the provinces investigated, which will make it easier to identify these ASPs, and for their clients to consider how to respond. The culture of secrecy has permeated the entire international adoption industry, but without naming suspect ASPs, no action can be taken against them.
2. Consider joining us at PEAR and assisting in our work.

Contacts:
US Department of State:
Gerry W. Fuller,
Intercountry Adoptions
202-663-2928
FullerGW@state.gov

US Embassy, Hanoi:
U.S. Embassy Hanoi
Rose Garden Tower
170 Ngoc Khanh St.
Tel: (84-4) 850-5100
Fax: (84-4) 850-5145/850-5026
Email: hanoiadoptions@state.gov

PEAR:
Parents for Ethical Adoption Reform
526 N. President Ave.
Lancaster, PA 17603
reform@pear-now.org

To join PEAR, please visit our website,
www.pear-now.org, and download a member application form. Membership is $20 annually. Completed
applications and payment should be sent to:

Parents for Ethical Adoption Reform
1455 Stoney Creek Drive
Charlottesville, VA 22902

UPDATE: Call to Action Vietnam - USCIS Warning

The US Embassy in Hanoi has issued the following warning for adoption from Vietnam:

ADOPTED CHILDREN IMMIGRANT VISA UNIT

Warning Concerning Adoptions in Vietnam

April 2008
The Department of State continues to urge prospective adoptive parents and adoption service providers not to initiate new adoptions from Vietnam at this time. The 2005 Memorandum of Agreement, required by Vietnamese law to authorize adoptions between the United States and Vietnam, expires on September 1, 2008. In addition, recent field investigations have revealed incidents of serious adoption irregularities, including forged or altered documentation, mothers paid, coerced or tricked into releasing their children, and children offered for adoption without the knowledge or consent of their birth parents.
The United States is strongly committed to processing legitimate intercountry adoptions from Vietnam if possible. Our primary concern is to ensure that the children and families involved in the adoption process are protected from exploitation. The Government of Vietnam shares this concern. Both countries acknowledge that more needs to be done to address deficiencies in the current system.
On April 25, the Government of Vietnam announced that it will allow adoption to be completed in cases where prospective adoptive parents have been matched with a child and received an official referral prior to September 1, 2008. It further stated that in accordance with Vietnamese law, the DIA will suspend the acceptance of new dossiers on July 1, 2008. On September 1, 2008 any dossier that has not received a referral will be closed and returned to the Adoption Service Provider. In view of the processing time required in Vietnam from placement to the Giving and Receiving Ceremony, an adoption process begun now cannot be completed before the current Agreement expires.
Prospective adoptive parents should be aware that documents relating to adoptions in Vietnam, such as birth certificates, abandonment reports, relinquishment agreements, and investigative reports are generally issued by orphanage directors, local People’s Committees, Provincial Departments and the Department for International Adoptions (DIA). The facts asserted in these documents are not verified by the issuing officials. Attempts by U.S. officials to verify the accuracy of these documents have routinely uncovered evidence of fraudulent or inaccurate information. Therefore, documents issued by the authorities listed above, and any other documents containing information not verified by the issuing authority, cannot be considered adequate evidence of the facts claimed. They may be used in conjunction with primary and contemporaneous secondary evidence, or must be independently verified by U.S. officials in Vietnam, before they can be considered valid for immigration purposes. (http://travel.state.gov/visa/frvi/reciprocity/reciprocity_3705.html)
Consular officers have routinely completed field verifications of orphan status in over 35 provinces in Vietnam. However, in some cases, Vietnamese officials have prevented the U.S. Government from conducting independent field inquiries into the status of children identified in I-600 petitions. Embassy outreach, as well as support from adoption agency officials, have thus far allowed independent investigations to resume in some areas that were previously impeded. We continue robust efforts to resolve this issue. Unfortunately, it is impossible to predict when we can complete the field inquiries in areas which are still closed to our staff.
The U.S. Citizenship and Immigration Service and the Department of State have instituted procedures to verify that children identified for placement meet the requirements of Vietnamese and U.S. law, before the child has been adopted under Vietnamese law. Information about these procedures is available from USCIS or through their website http://www.uscis.gov/portal/site/uscis. The Embassy strongly advises prospective adoptive parents not to travel to Vietnam until they have received notification from the Embassy that their case is ready for final processing and travel is appropriate. Parents should contact the Embassy immediately if anyone, including their adoption service provider, encourages them to travel to Vietnam prior to receiving this notification. The Embassy can work together with adoption service providers, Vietnam’s Department of International Adoptions, and local authorities to resolve issues such as the scheduling of a Giving and Receiving Ceremony.


Source: http://vietnam.usembassy.gov/adoption_warning0408.html

PEAR Supports Ethica's Letter to the VN Adoption Community

Below is a letter from Linh Song, Executive Director of Ethica. PEAR supports Ethica's call for input from the VN adoption community and encourages all those interested in VN adoption and adoption reform to participate by writing your comments to Ethica. PEAR's Comments on the JCICS Proposed Standards of Practice were submitted to JCICS on December 10, 2007. Copies of our comments are available on our website, in the Files section of our Newsletter Group, or by contacting PEAR at reform@pear-now.org.

**************

Dear Vietnam Adoption Community Members,

In November I attended the Joint Council on International Children's Services' Vietnam Summit. JCICS is the umbrella organization for many, but not all, adoption agencies facilitating international adoptions. Ethica is also a member as an adoption advocacy organization.

The Summit was convened in order to address the increasingly problematic situation in Vietnam, which included:

- Over 20 NOIDS (notice of intent to deny a child's visa) were issued in October-November 2007; 3 JCICS member agencies accounted for the majority of the NOIDs. Currently there are 26 NOIDs.
- The new I600 procedure that was proposed and implemented in order to verify true orphan status of Vietnamese children.
- The MOU between the U.S. and Vietnam that will be renegotiated in March with renewal in September 2008. However Vietnam has not fulfilled its promise of releasing a fee schedule, a key factor for successful renegotiation.

It was also mentioned that there was evidence of:
- Moving children from unlicensed child welfare institutions into licensed orphanages in order to qualify for international adoption.
- Adoption agencies contracting directly with maternity hospitals and matching children before they are relinquished to the orphanage.
- Paying orphanage and provincial officials large sums of cash in order to secure referrals (children eligible for adoption).
- Paying for travel junkets for orphanage and provincial authorities to tour the U.S.

The theme of the meeting was for agencies to stop illegal activity in-country, stop paying facilitators contingency or finding fees, and to co-operate in creating an agency fee schedule to submit to the U.S. Department of State.

It was obvious to me during the discussion that unethical and illegal activity either paid for or promoted by American adoption agencies, and bidding wars between agencies for young children, were key factors leading to the current climate. Cash donations directly to orphanages were also an issue as more seasoned and reputable agency representatives reminded attendees that one of the MOU's goals was to have agency funding be directed to humanitarian projects and not unaccountable cash gifts.

Some agencies continue to insist that they are not responsible to verify orphan status and that receipts alone are adequate tracking methods. Ethica believes that
this attitude is an indication that adoptive families need to be vocal about putting the responsibility on their agencies to fulfill their obligations in facilitating ethical and transparent adoptions.

Proposed JCICS standards were issued that agencies are currently commenting on. The timeline presented at the Summit has been changed to accommodate a delay due to staff changes at JCICS. The hope is for agencies to submit their fees to the organization and comments on the Vietnamese standards of practice by January 21.

Ethica is preparing our comments on the standards to submit at the end of Friday, January 18th. We would like to hear from parents any thoughts they have on what agencies should currently be doing in Vietnam, but are not currently doing. We will consider adding them to our comments. This is your chance for input on keeping Vietnamese adoptions open and continuing in an ethical and transparent manner.

Please email us at info@ethicanet.org by January 17th. Thank you.


Linh Song, MSW
Executive Director
Ethica, Inc.

Update on PEAR's Call to Action: Vietnam

In early December, JCICS requested that PEAR put together a list of organizations and individuals we felt JCICS should contact for input on their proposed Standards of Practice for Vietnam Adoptions. We submitted the following list to JCICS on December 6:

Vietnam AP groups:
APV (Adoptive Parents Vietnam Yahoo group) and owners
RateYourVietnamAdoptionAgency Yahoo Group and owners
FCVN (Families with Children from Vietnam)
Nicki & Chris from the Voices for Vietnam Adoption Integrity blog

Adoptee Groups:
VAN-Online
adopted vietnamese international
InterAdopt Alliance

Adoptee Groups for APs too:
International-Adopt-Talk Yahoo Group and owners
Global-Adoption-Triad Yahoo Group and owners

Despite their interest in participating in the process, none of the organizations or individuals representative of adoptive parents have been contacted by JCICS for input. PEAR has not received feedback from the adoptee groups and individuals.

PEAR is now highly encouraging all organizations and individuals with an interest in Vietnam adoptions, or international adoption in general, to contact JCICS individually or to offer their input on comments to Ethica www.ethica.net.org. Please let your voice be heard!

Gina Pollock
Interim President
PEAR
www.pear-now.org
reform@pear-now.com