Special Advisor for Children's Issues Travels to Vietnam, Cambodia, and China

Special Advisor for Children’s Issues Ambassador Susan Jacobs will visit Vietnam, Cambodia, and China January 8-17.

While in the region, Special Advisor Jacobs will meet with government officials and non-governmental organizations to discuss the Hague Adoption Convention and strengthening child protection systems.

Special Advisor Jacobs will visit Cambodia and Vietnam, both of which are in the process of implementing the Hague Adoption Convention. She will complete her trip with a visit to China, the top country of origin for intercountry adoptions to the United States to discuss continued cooperation regarding adoption issues.

For more information about children’s issues, please visit: ChildrensIssues.state.gov

http://www.state.gov/r/pa/prs/ps/2014/01/219400.htm

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

DoS Notice: Children Adopted From Vietnam Before July 1, 2009 Must Register with the Government of Vietnam to Retain Vietnamese Citizenship.

The 2008 citizenship law of Vietnam requires that children adopted from Vietnam before July 1, 2009 must register with overseas Vietnamese diplomatic missions prior to July 1, 2014 to retain their Vietnamese citizenship (Art. 13.2 citizenship law of Vietnam).  The law does not require children adopted from Vietnam after July 1, 2009 to register because they automatically retain their Vietnamese citizenship (Art. 37.1 citizenship law of Vietnam).

After July 1, 2014, those who do not register for retention will lose their Vietnamese citizenship.  In order to reclaim their Vietnamese nationality, they would have to apply for restoration of Vietnamese citizenship, proving that they meet the conditions of Article 23 of the citizenship law of Vietnam and following a rigorous process that requires the approval of the President of Vietnam.

For instructions on how to apply to retain Vietnamese citizenship, please visit the website of the Embassy of the Socialist Republic of Vietnam.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=vietnam_8

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

DoS Alert: Vietnam's Department of Adoptions Issues Further Guidance for U.S. Convention-Accredited Adoption Service Providers

The Department of Adoptions in the Ministry of Justice of the Socialist Republic of Vietnam (MOJ/DA) has issued the following guidance.  This guidance is related to the MOJ/DA’s July announcement, published on this website, to accept applications for authorization from U.S. Convention-accredited adoption service providers (ASPs).
Begin text of guidance:

In the spirit of cooperation under the Hague Adoption Convention, the Vietnamese government has agreed to license two U.S. ASPs to operate a proposed, limited intercountry adoption program of children with special needs, older children, and children in sibling groups.  In 2014, Vietnam will license two U.S. ASPs to operate in Vietnam as follows:

• Acceptance of applications for licensing – from July 22, 2013 through September 21, 2013:  ASPs may submit applications for licensing to operate in Vietnam at the Ministry of Justice’s reception desk every Tuesday and Thursday.
• Application pre-screening and review – from September 22, 2013 through December 21, 2013:  Based on the number of applications received, the Ministry of Justice will review, assess, and make a shortlist of ASPs.  Subsequently, MOJ/DA will schedule interviews with the Vietnam program manager of the shortlisted ASPs.  If an ASP is not contacted by the Ministry of Justice during this period, this means that the ASP was not shortlisted.
• Assessing the capacity of shortlisted ASPs – from the end of 2013 to the beginning of 2014:  The Ministry of Justice will organize an interagency delegation to examine the operations of shortlisted ASPs at their headquarters in the United States.

Based on the results of application review, interview, examination of ASP operations in the United States, and in consultation with other relevant Vietnamese agencies, the Minister of Justice will decide which two most qualified ASPs among the shortlisted candidates will be licensed.
During the application acceptance and review period, the MOJ/DA will not accept any requests for meetings from any U.S. ASP.  If necessary, the MOJ/DA will contact the ASPs which have been shortlisted to submit additional documentation.
End text of guidance.


CAUTION:  The Department of State urges U.S. prospective adoptive parents not to initiate Form I-800A or Form I-800 filings with USCIS identifying Vietnam as the country of intended adoption and not to take steps to initiate an intercountry adoption in Vietnam until the Department of State announces that it has determined that U.S. intercountry adoptions from Vietnam may proceed.  Please monitor adoption.state.gov for further updates.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=vietnam_7

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

DoS Notice: Vietnam’s Department Of Adoptions is Accepting Applications From U.S. Hague-Accredited Adoption Service Providers Wishing To Facilitate Adoptions In Vietnam Under A Limited Intercountry Adoption Program

July 2013

Department of Adoptions within the Ministry of Justice of the Socialist Republic of Vietnam is now accepting applications from U.S. Hague-accredited adoption service providers (ASPs) for authorization to operate a limited intercountry adoption program for children with special needs as defined by Vietnamese law, children older than five, and children in biological sibling groups of two or more in Vietnam.  The Government of Vietnam has determined that it will authorize no more than two (2) U.S. ASPs to operate in Vietnam.

U.S. prospective adoptive parents should not initiate Form I-800A or Form I-800 filings with U.S. Citizenship and Immigration Services (USCIS) identifying Vietnam as the intended country of adoption until the Department announces that it has made a determination that intercountry adoptions between the United States and Vietnam may proceed under the Convention. 

VIETNAM’S ASP SELECTION CRITERIA

The Government of Vietnam informed the U.S. Embassy in Hanoi that any U.S. ASP wishing to apply to facilitate intercountry adoptions on behalf of children with special needs, children older than five, and children in biological sibling groups of two or more in Vietnam must meet certain criteria in order to be considered for authorization, should the limited program go into effect between the United States and Vietnam.  Any ASP seeking to apply must fulfill each of the following criteria in order to have its application considered:

1. Three (3) or more consecutive years of experience providing services in intercountry adoptions in Vietnam.
2. Five (5) or more consecutive years of experience providing intercountry adoption services to children with special needs, children older than five, and children in sibling groups.  
3. The ASP should be authorized to operate broadly in the United States.  Eligible ASPs must have offices in at least five (5) States.

In addition, the ASP must demonstrate that it meets the criteria established in Vietnam’s laws.  As a courtesy to U.S. ASPs, the Government of Vietnam provided its Prescreening Document, which it will use to determine whether a U.S. ASP may be eligible for authorization.  The Department encourages only U.S. ASPs capable of meeting Vietnam’s criteria and the Prescreening Document to apply for authorization.
Additional information on Vietnam’s procedures for granting operation licenses for foreign adoption agencies in Vietnam (the Government’s Decree No: 19/2011/ND-CP Providing in Detail for Implementation of a Number of Articles of the Law on Adoption) can be found on the Ministry of  . 

DEADLINE FOR SUBMITTING AN APPLICATION

The Department of Adoptions will begin accepting applications for authorization on July 22, 2013, with a closing date of September 22, 2013. All applications must be received by the closing date to receive consideration.  The Government of Vietnam has informed the U.S. Embassy in Hanoi that the amount of time it will take to move forward with ASP selection will depend on the number of applications it receives.  The Government of Vietnam will determine which ASPs will be contacted for further follow up/interview.  If an ASP does not hear from the Department of Adoptions within three months from the closing date, on December 22, 2013, this indicates that the agency was not selected.

APPLICATION FEE AND SUBMISSION INSTRUCTIONS:

The Department of Adoptions informs interested ASPs that the application fee for authorization (formally termed “licensing fee” in Vietnamese documents) of VND65,000,000 (65 million Vietnamese Dong) per license is non-refundable, regardless of whether an ASP is subsequently authorized.                 

Interested ASPs may submit their application from 8:30 a.m. to 11:30 a.m. on Tuesdays and Thursdays to:

Department of Adoptions
Ministry of Justice
N1 Building, 60 Tran Phu Street
Hanoi, Vietnam

WARNING:  The Department of State urges U.S. prospective adoptive parents not to initiate Form I-800A or Form I-800 filings with USCIS identifying Vietnam as the country of intended adoption and not to take steps to initiate an intercountry adoption in Vietnam until the Department of State announces that it has determined that U.S. intercountry adoptions from Vietnam may proceed.  Please monitor adoption.state.gov for further updates.

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

Statement on the Documentary "Stuck"

The Board of Directors of PEAR would like to express some thoughts on the recently released documentary, Stuck, which purports to be an accurate depiction of the current problems with the international adoption process. The documentary shows compelling footage of adorable children in shabby orphanages around the world, and follows the plights of three families with their international adoptions.

Stuck is part of a larger publicity strategy by the Both Ends Burning campaign spearheaded by Craig Juntenen, which includes a national tour, petition drive, and a march in Washington, D.C., all ostensibly designed to increase the number of international adoptions.  Juntenen's strategy proposes to accomplish this by petitioning the US government “to remove barriers to international adoption.”

While specific barriers are not mentioned, it is clear from the discussions in Stuck that the requirements set forth in The Hague Convention on the Protection of Children and Cooperation in Respect of Inter-Country Adoption, specifically with regards to the Principle of Subsidiarity, are targeted.  The Principle of Subsidiarity states that it is in the best interest of children to be raised by family or kin. If immediate family/kin is unable, or unavailable, domestic placement with a foster or adoptive family in the child's own country and culture is the next best option. Finally, if neither of these alternatives is viable, then permanent placement with an appropriate family in another country through intercountry adoption is seen as an alternative.

PEAR’s members, comprised of all members of the adoption triad as well as those interested in adoption ethics, are of course deeply sympathetic to children in need. We believe that all children should grow up in loving families wherever possible.

However, PEAR strongly supports the safeguards provided by the Hague Convention rules and restrictions. We believe that Central Authority adherence to the Principle of Subsidiarity, for example, is in the best interest of children, birth families, and sending countries.  We are also very supportive of the Hague injunctions against infant trafficking, false promises, and other deceitful and coercive means used by many sending countries and their orphanages to unethically obtain children for the express purpose of international adoption.  Stuck turns the complex issue of international adoption into an extremely simplistic story that misleads and misinforms rather than offering meaningful solutions. 

For example, Stuck claims that shutting down adoptions is the same as telling children that their lives don’t matter.  Where adoption is the only choice for a child, it should be allowed and encouraged.  But Stuck completely ignores the fact that other choices may exist, such as placing a child with extended family, neighbors, or friends.  The Ethiopian birth mother profiled in the film said she relinquished her daughter because “I got nothing to feed her.”  Encouraging international adoption at the expense of family preservation efforts is the same as telling children and their biological families that their lives don’t matter.

Stuck also shows a researcher stating that if international adoptions decrease, the rates of institutionalization of children around the world could increase.  It is difficult to prove this assertion, and there is compelling evidence to show that the opposite is in fact true.  Experiences in Vietnam, Cambodia, and Guatemala have shown that the demand for adoptable children created by international adoption has actually caused more children to become separated from their families due to trafficking, false promises of educational opportunities, and outright confiscation, with many of those children ending up in orphanages. This anecdotal evidence is supported by studies showing that when international adoption closes in a country or region, the number of institutionalized children decreases, particularly in orphanages that had opened solely to provide children for these adoptions. Evidence for this was particularly strong in Cambodia, Vietnam, Guatemala, and China. In fact, in a video conference last November, Ambassador Susan Jacobs alluded to these studies. (http://adoption.state.gov/about_us/conversation_with_america.php) She said, “And we have to be very careful of that. And what we did find out is when we closed adoptions in a number of countries, the orphanages emptied out."

Stuck also claims that minor paperwork errors are a significant cause of international adoption delays.   An adoptive mother of a child from Vietnam profiled in the film describes a missing document that slowed down her child’s case.  But the movie avoids placing such issues into a larger context:  Adoptions from Vietnam were halted by the U.S. Department of State for multiple reasons. One was due to an overwhelming body of evidence showing that children were being trafficked; some were purchased from their birth mothers and re-sold to orphanages for lucrative adoptions.  Another was the use of corrupt facilitators, knowingly hired by U.S. agencies and sanctioned by Vietnamese officials, who oversaw the dispensation of licenses to these agencies.  Vietnam also failed to comply with their own laws and agreements to make the process more transparent and to explain where fees were going.

Similar findings about corrupt agencies, facilitators, lawyers, and government officials have been also found in Guatemala, Nepal, and Cambodia, which resulted in the closure of those programs.  Allegations and investigations about similar problems in other countries such as Ethiopia, China, and India have also occasioned extensive delays.

Paperwork necessities and delays, while annoying and often redundant, are not the real problem, as Stuck naively asserts. The real problem is lack of meaningful oversight of adoption programs around the world.  To sanction the removal of even the minimal safeguards that try to minimize or eradicate corruption in the costly international adoption process would likely cause more children to lose their original families, an increase in trafficking and other forms of corruption, and result in more children being “stuck” in government care when the programs inevitably collapse under fraud allegations and investigations.  

As a last point, Stuck also willfully neglects the voices of those with the most at stake: international adoptees themselves, especially those older than the children shown in the film. Its adoptive-parent-centric stance limits not only its scope, but its credibility about the repercussion of the process on powerless and vulnerable adoptees.

PEAR recommends the following thoughtful perspectives on Stuck:

• From an adoptive mother of a child from Ethiopia:   http://www.gracelings.org/2013/02/stuck-documentary-5-reasons-its-not-for.html
• From an adoptive mother of children from China and Ethiopia:  http://pullthisblogover.blogspot.com/2013/02/stuck-documentary.html
• From a Korean adoptee:   http://landofgazillionadoptees.com/2013/05/01/snake-oil-the-lga-review-of-the-film-stuck/

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

DOS Adoption Notice: Vietnam Update

Vietnam December 2012

Notice: Special Advisor Jacobs Visits Vietnam 

Special Advisor for Children’s Issues Ambassador Susan Jacobs recently met with host government officials in Vietnam to discuss Vietnam’s current progress on adoption reform to meet obligations under the Hague Convention and improve child welfare.  Vietnam became a party to the Hague Adoption Convention (the Convention) February 1, 2012, and is working on fully implementing a new adoption law, related decrees, and a public information strategy.  On September 7, 2012 the Prime Minister of Vietnam approved the three-year National Project designed to implement the Convention.  The United States continues to support Vietnam’s efforts to enhance its child welfare system and intercountry adoption process. 

Based on the information gathered from the Government of Vietnam and other adoption stakeholders, the Department is currently assessing whether consular officers will be able to certify that individual adoptions will comply with the Convention, the Intercountry Adoption Act of 2000, and U.S. implementing regulations.

We continue to caution adoption service providers and prospective adoptive parents that important steps must still take place to ensure that adoptions between Vietnam and the United States will comply with the Convention, U.S. law, and implementing regulations before intercountry adoptions between the United States and Vietnam may resume.  Adoption service providers should not initiate, nor claim to initiate, adoption programs in Vietnam until they receive notification from the Department of State that it will resume processing Convention adoption visa applications in Vietnam.
Updated information will be provided on adoption.state.gov as it becomes available.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=vietnam_5 

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

US DOS Adoption Notice: U.S. Department of State to delay resuming adoptions in Vietnam

• Vietnam February 2012

Notice: U.S. Department of State to delay resuming adoptions in Vietnam

The United States has determined that it will not resume intercountry adoptions in Vietnam on February 1, 2012, when the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption will enter into force there.

Despite Vietnam's initiatives to strengthen its child welfare system and ensure the integrity of its domestic and international adoption process, it does not yet have a fully Hague compliant process in place. We continue to caution adoption service providers and prospective adoptive parents that, to ensure that adoptions from Vietnam will be compliant with the Convention, important steps must still take place before intercountry adoptions between the United States and Vietnam resume. Adoption Service Providers should not initiate or claim to initiate, adoption programs in Vietnam until they receive notification from the Department of State that it has resumed adoptions in Vietnam.

The Department of State will provide updated information on www.adoption.state.gov as it becomes available. If you have any further 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.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=vietnam_4

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

DOS Adoption Notice: Vietnam Ratifies Hague

Vietnam

November 2011

Notice: Vietnam ratifies the Hague Adoption Convention

The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption will enter into force in Vietnam on February 1, 2012, following Vietnam's ratification on November 1, 2011.

The United States recognizes Vietnam's initiatives leading to this significant development and applauds the Government of Vietnam's renewed commitment to strengthen its child welfare system and the integrity of its domestic and international adoption process. We continue to caution adoption service providers and prospective adoptive parents that, to ensure that adoptions from Vietnam can be compliant with the Convention, important steps must still take place before intercountry adoptions between the United States and Vietnam resume. We further caution adoption service providers against initiating, or claiming to initiate, adoption programs in Vietnam until they receive authorization from the Government of Vietnam.

The Department of State will provide updated information on www.adoption.state.gov as it becomes available. If you have any further 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.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=vietnam_3

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

Article: Pictures of Hope (Vietnam)

Pictures of Hope

Last updated: 2/25/2011 13:00
Thanh Nien News, Vietnam

Years after their sons and daughters were 'stolen' and adopted abroad without their consent, a number of Vietnamese parents have finally been shown proof the children are alive and well. Now, their poor hill-tribe villagers face a moral dilemma.

Full story: http://www.thanhniennews.com/2010/Pages/20110228180300.aspx

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

DOS Adoption Notice: Vietnam

Vietnam

June 2011

Notice: Adoption Notice Vietnam

Intercountry adoption is not possible from Vietnam at this time. Adoption service providers and prospective adoptive parents should not seek or accept new (or potential) adoption referrals from Vietnam until an announcement is posted that the United States Citizenship and Information Service (USCIS) is again processing new I-600 or I-800 petitions for intercountry adoption in Vietnam.

In June 2010, the Vietnamese legislature passed a new adoption law which took effect on January 1, 2011. The Vietnamese Prime Minister subsequently signed the new adoption decree on March 21 which took effect on May 8. Vietnam continues their efforts to implement the new law and achieve Vietnam’s stated goal ratifying the Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption (the Convention).

Vietnam signed the Convention on December 7, 2010 and has expressed its intent to ratify the Convention in July 2011 which means that the Convention would enter into force (and Vietnam would become a party) in November 2011. Under U.S. law, if/when Vietnam becomes a party to the Convention, the United States Central Authority (USCA) must evaluate whether procedures leading to the adoption of a child in Vietnam conform to the standards established by the Convention and the U.S. Intercountry Adoption Act (IAA).

The United States recognizes Vietnam’s initiatives as significant developments in the renewed commitment by the Government of Vietnam to strengthen its child welfare system and the integrity of its domestic and international adoption process. Nevertheless, adoption service providers and prospective adoptive parents are cautioned that important steps must still be taken before Vietnam completes this reform process and before intercountry adoptions between the United States and Vietnam can resume.

The USCA cautions adoption service providers that they should not offer or appear to offer adoption services in Vietnam until specific adoption service providers have been accredited or otherwise approved by the Government of Vietnam. In addition, under applicable U.S. regulations, accredited or approved adoption service providers may only provide services in a Convention country if the USCA has determined that the Convention country is compliant with Convention standards.

The United States welcomes Vietnam’s strong efforts to create a child welfare system and an intercountry adoption process that will meet its obligations under the Convention. At this time it is not possible to estimate when adoptions between the United States and Vietnam may resume.

Updated information will be provided on www.adoption.state.gov as it becomes available.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=vietnam_2

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

USE Hanoi Press Release: U.S. Supports UNICEF Child Adoption Program in Vietnam

U.S. Supports UNICEF Child Adoption Program in Vietnam

HANOI, April 25, 2011 - The United States Agency for International Development (USAID) is contributing to a new United Nations Children’s Fund (UNICEF) program to help officials create regulations meeting international standards covering child adoption in Vietnam.

Developed in close cooperation with Vietnam’s Ministry of Justice and other relevant authorities, the “Strengthening Legislation and Monitoring Systems for Child Adoption” program will assist in improving the legal and regulatory framework to better protect children without parental care by developing and implementing national legislation and policies on domestic and inter-country adoption.

With $700,000 from the French National Committee for UNICEF and $300,000 from USAID, the program will extend through 2013 and will support Vietnam’s ratification of the Hague Convention on adoption. The program will develop a national monitoring system with adoption supervision, conduct a comprehensive assessment on the root causes of child abandonment and relinquishment, and build the capacity of policymakers, welfare, and enforcement personnel to better protect children.

The program will also help improve protection and care for children deprived of parental care through new policies, guidelines and standards on alternative care. It will pilot new alternative care models, including foster care, and inter-country adoption programmes for children with special needs.

Adoption is the one of the main forms of alternative care available for children in need of special protection in Vietnam, including orphaned, abandoned and relinquished children, children with disabilities, children affected by HIV and AIDS and other groups of vulnerable children. While Vietnam has continually ranked among the most popular countries of origin for child adoption, the United States and Vietnam did not renew their bilateral adoption agreement in 2008 due to serious irregularities in the adoptions system. Since non-renewal of the agreement, Vietnam has worked closely with UNICEF to reform its adoption system, with a new Law on Adoption taking effect on January 1, 2011.

http://vietnam.usembassy.gov/pr042511.html

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

MEDIA: VN signs Hague deal on adoption

VN signs Hague deal on adoption

HA NOI — Viet Nam has signed the Hague Conven-tion on the Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention).

This is the first convention of the Hague Conference on Private International Law (HccH) to be signed by Viet Nam.

Viet Nam's Ambassador to the Netherlands Huynh Minh Chinh inked the convention on behalf of the Government earlier this month.

The Hague Adoption Convention, one of 38 HccH's conventions, aims to protect children and their families against the risks of illegal, irregular, premature or ill-prepared adoptions abroad. To date, 81 countries have signed the convention.

Minh said joining the convention was a milestone in the efforts of Viet Nam in integrating into the multi-dimension collaboration on international law.

The Vietnamese Government would accelerate the process to complete the legal framework and have this convention put into effect, he said at the signing ceremony.

On January 1, 2011, the Adoption Law of Viet Nam will also start to take effect. Together with the Hague Convention, the country hopes these measures will help protect the rights of children. — VNS

http://vietnamnews.vnagency.com.vn/Social-Isssues/206756/VN-adopted-Hague-Adoption-Convention.html

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

Adoption Agency-Vietnam Province Reference for 2006-2008

PEAR has pulled data from many sources to produce Adoption Agency-Vietnam Province Cross Reference lists for the 2006-2008 period. You may find this reference material useful while reading the EJ Graff's latest article "Anatomy of an Adoption Crisis" or when reviewing the Ten disturbing adoption cases from Vietnam, By Province: References to Adoption Problems, Startling Quotes or other FOIA documents on the Schuster Institute website.

Our Adoption Agency-Vietnam Province Cross Reference includes the US Agency Name, DIA Licensed Provinces for each agency, Hague Accreditation, Agency Status and more for each agency. Our information sources are included in the Notes for each list.

Cross Reference by Agency with Hague Status and more
Cross Reference by Province


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

MEDIA: Foreign Policy publishes Article by EJ Graff on Vietnam

A very important article was published today on Foreign Policy. This subject matter of this article and the manner in which it was handled by US and VN officials, as well as adoption agencies and organizations like the JCICS, addresses the need for federal legislation and oversight of adoption agencies assisting with intercountry adoptions. Until Congress is willing to take this seriously and deal with the misconduct of individuals involved in ICA, countries will continue to close, and the adoption triad will continue to be exploited.

Two years ago American adoptions from Vietnam ceased. In“Anatomy of an Adoption Crisis” posted today on Foreign Policy, Schuster Institute Associate Director E.J. Graff analyzes hundreds of pages of internal U.S. State Department documents (received under Freedom of Information Act requests) discussing why the U.S. believed those adoptions had to end.

http://www.foreignpolicy.com/articles/2010/09/07/anatomy_of_an_adoption_crisis


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

Vietnam Update: Schuster Institute Publishes U.S. government documents obtained via Freedom of Information Act

Vietnam adoption fraud specifics are exposed in documents obtained by the Schuster Institute through the Freedom of Information Act. For full access to the report and supporting resources, please visit the Schuster Institute Adoption website at: http://www.brandeis.edu/investigate/gender/adoption/FOIAs.html

For those interested in information on which agencies were licensed in which provinces of Vietnam, the following is the list that was officially published by the US Embassy, Hanoi in 2007:
1. A.D.O.P.P.T Inc.: Phu Tho, Hung Yen, Ho Chi Minh City
2. Adopt International: Ben Tre
3. Adoption Center of Washington: Binh Thuan, Binh Duong
4. Adoption from the Heart: Ho Chi Minh City
5. Adoptions International Inc.: Ho Chi Minh City, Binh Duong
6. Adoptions Together, Inc.: Hoa Binh, Thanh Hoa
7. Alliance for Children: Thua Thien Hue
8. Americans for International Aids and Adoptions: An Giang
9. Asian Children's Services and Vietnam Humanitarian Corp: Ha Tinh, Bac Ninh, Bac Giang, Thai Binh
10. Carolina Adoption Services: Tuyen Quang, Phu Tho, Quang Ninh, Da Nang, Quang Nam, Yen Bai
11. Children's Home Society and Family Services (CHSFS): Phu Tho, Ben Tre, Binh Thuan, Vinh Long
12. Children's Hope International: Ho Chi Minh City, Kien Giang, Vinh Long
13. Children's House International: Ho Chi Minh City, Phu Tho, Binh Duong
14. Commonwealth Adoption International: Da Nang, Quang Nam
15. Crossroads Adoption Services: Hanoi
16. Dillon International: Lam Dong, Ninh Thuan, Vinh Long, An Giang, Can Tho
17. Faith International Adoption: Bac Ninh, Can Tho, Ha Noi, Ho Chi Minh City, Nam Dinh
18. Families Thru International Adoption: Thanh Hoa, Quang Binh, Lao Cai
19. Florida Home Studies and Adoptions, Inc.: Ba Ria- Vung Tau, Ho Chi Minh City, Ninh Binh, Hung Yen
20. Gift of Love International Adoptions, Inc.:Hoa Binh
21. Harrah's Adoptions International Mission: Thai Binh, Ha Tay
22. Hawaii International Child & Family Services, Inc.: Quang Nam
23. Holt International: Da Nang, Binh Duong, Dong Nai, Ha Noi
24. International Assistance and Adoption Project: Da Nang, Quang Nam, Kien Giang, Soc Trang
25. International Children's Alliance: Ho Chi Minh City
26. Little Pearls Adoption Agency: Ha Nam
27. Los Ninos International Adoption Center: An Giang, Nam Dinh
28. Lutheran Community Services of South New England Inc.: Ninh Binh
29. Lutheran Social Service Minnesota: Ho Chi Minh City, Dong Thap
30. Mandala Adoption Services: Ho Chi Minh City, Thanh Hoa
31. New Beginnings: Vinh Phuc, Cao Bang, Hai Duong
32. Orphans Overseas: Ha Nam, Nam Dinh
33. Pearl S. Buck International: Ha Noi, Ho Chi Minh City, Khanh Hoa
34. Plan Loving Adoption Now: Ha Noi, Phu Tho, Ba Ria- Vung Tau
35. Rainbow House International: Da Nang
36. Small World Adoption Foundation of Missouri: Phu Tho
37. Ventures for Children International: Nghe An
38. Vietnamese Orphans Relief Fund: Phu Tho, Da Nang, Quang Nam, Ca Mau
39. Wasatch International: Phu Tho
40. World Association for Children & Parents (WACAP): Thai Binh
41. World Child International: Thai Nguyen, Lang Son, Quang Nam, Ho Chi Minh City, Bac Ninh, Quang Ngai
42. Worldwide Adoption Services (WAS): Hau Giang
http://vietnam.usembassy.gov/conadoptedvisa.html

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

DOS: Vietnam Adoption Notice

Vietnam
Adoption Notice

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

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July 28, 2010

Intercountry adoption is not possible from Vietnam at this time. Adoption service providers and prospective adoptive parents should not seek or accept new (or potential) adoption referrals from Vietnam until an announcement is posted that the United States Citizenship and Information Service (USCIS) is again processing new I-600 or I-800 petitions for adoption in Vietnam. No such announcement is expected in the near future.

In June 2010, the Vietnamese legislature passed a new adoption law scheduled to take effect January 2011. Vietnamese officials are now drafting regulations and procedures to implement this new law and achieve Vietnam’s stated goal of acceding to the Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption (the Convention). Vietnamese law requires that in order for adoptions to resume from Vietnam, either a new bilateral agreement must be in place between the United States and Vietnam, or Vietnam must accede to the Convention.

The United States recognizes these initiatives as significant developments in the renewed commitment by the Government of Vietnam to strengthen its child welfare system and the integrity of its domestic and international adoption process. Nevertheless, adoption service providers and prospective adoptive parents are cautioned that important steps must still be taken before Vietnam completes this reform process and before intercountry adoptions between the United States and Vietnam can resume.

Most importantly, the Government of Vietnam must draft, finalize, and promulgate regulations and standards that, among other things, will establish procedures to:

•Accredit and regulate U.S. adoption service providers to perform adoption-related work in Vietnam;
•Establish adoption fees and procedures for monitoring their collection;
•Clarify procedures for reporting and reviewing donations that may be made to orphanage and child welfare organizations by organizations or individuals engaged in intercountry adoption to ensure that such donations do not influence placements, procedures, or approvals;
•Evaluate the suitability of prospective adoptive parents; and
•Ensure that all required efforts for domestic placement have been fully met before a child is considered for intercountry adoption.

Under U.S. law, if/when Vietnam becomes a party to the Convention, the United States Central Authority (USCA) must be able to certify that procedures leading to the adoption of a child in Vietnam would conform to the standards established by the Convention and the U.S. Intercountry Adoption Act (IAA). The USCA may not determine whether such a certification can be made until Vietnam has completed the accession process. For these reasons, prospective adoptive parents are warned not to enter into any agreement, implied or stated, regarding the prospective adoption of a child in Vietnam until such a time as the USCA determines that Vietnam’s process complies with the Convention and IAA, and USCIS has announced that I-800 petitions for Vietnamese children are being accepted for processing.

The USCA cautions adoption service providers that they should not offer or appear to offer adoption services in Vietnam (other than for those transition cases still being processed under the former regulations) until specific adoption service providers have been accredited or otherwise approved by the Government of Vietnam. In addition, under applicable U.S. regulations, accredited or approved adoption service providers may only provide services in a Convention country if the USCA has determined that the Convention country is compliant with Convention standards. That determination cannot be made in relation to Vietnam until after its accession to the Convention.

The United States welcomes Vietnam’s strong efforts to create a child welfare system and an intercountry adoption process that will meet its obligations under the Convention. Although the Government of Vietnam has proposed a timeline for completing the regulations and making a formal request to be recognized as a Convention partner, it is not possible to estimate when adoptions between the United States and Vietnam may resume.

Updated information will be provided on http://www.adoption.state.gov/ as it becomes available.

http://www.adoption.state.gov/news/vietnam.html


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

PEAR's Response to "The Baby Business"

The Schuster Institute for Investigative Journalism asked a number of experts, practitioners, and advocates in international adoption to respond to “The Baby Business,” Democracy Journal, Summer 2010 by E. J. Graff. You may read all the responses .

This is PEAR's response:

It is an unfortunate truth that international adoption is plagued by corruption. We appreciate E.J. Graff’s coverage of the issues leading to corrupt practices and her well-thought-out solutions. Parents for Ethical Adoption Reform (PEAR) appreciates the opportunity to share our comments. As an organization dedicated to reforming adoption law and policy, we would like to focus our comments on the eight proposed improvements to international adoption.

Our current system of adoption policy and regulation is too often reactionary rather than preventative, increasing the risk of corruption and adoption failure. PEAR believes that by requiring federal licensing/accreditation and oversight of agencies; criminalizing the purchase and sale of children for adoption; and severely curtailing fees by limiting to them to true costs for services and eliminating mandatory donations, international adoption has the best chance of becoming ethical and transparent.

1. Prohibition against cash transfers.

PEAR agrees that prohibiting cash transactions in payment for adoption-related services can go a long way to eliminating corrupt practices. Eliminating cash transactions and requiring receipts for all payments as well as requiring adopting parents to provide a sworn accounting during their I600 process would help clean up corruption on the foreign side of the adoption process. Untraceable sums can delay or prevent investigative bodies from connecting the perpetrators to any child-trafficking crime.

2. Hold U.S. adoption agencies accountable for all their overseas partners’ actions.

PEAR believes that adoption agencies need to be responsible for the actions of their overseas providers whether they are “supervised” or “unsupervised” under U.S. State Department regulations.

That all agencies do not thoroughly investigate documents submitted by independent parties, which can identify irregular documentation, promote the reunification of children with their families of origin, and eventually prevent the improper separation of children from their families, is unconscionable.

Fraudulent documentation—either declaring an identified child as an unknown abandoned child, or with falsified birth parent information—has been proven in Vietnam¹, Cambodia², India³, Guatemala⁴, Nepal⁵, Samoa⁶, Ethiopia⁷, and China⁸. Adoptees are doubly victimized by these practices. First, they denied their natural right to be raised by their willing and capable birth families; second, they are robbed of the opportunity to find or know their birth family and medical histories due to the obliteration of their identities.

3. Third, limit and track adoptions’ overseas fees in more detail.

PEAR also believes that changes need to be made where there are mandatory donations required of adopting families. First, we disapprove of mandatory donations. We believe that mandatory fees create a dependency upon international adoption and encourage corruption in how children enter the adoption system. We also believe that these mandatory donations are unethical in that countries are charging a fee and being relieved of the financial obligation of raising parentless children. It is a win-win situation for the governments that often provides little benefit to the children residing in institutional care. However, as a realistic response to the existence of these fees, where these fees exist as part of a foreign government’s adoption law (such as in China), we believe that all “mandatory” donations should be payable through an NGO or government entity with full accountability for the disbursement of these funds.

Without any transparency about how much money goes directly to foreign governments and/or orphanages, PEAR is concerned that it becomes impossible to discover what percentage of adoption fees ever reaches its intended destination. It is imperative that there is complete transparency with all adoption fees, and that agencies disclose exactly where all adoption fees are spent.

4. Fourth, limit and track how much agencies can pay their overseas partners, workers, and independent contractors.

PEAR believes that fee transparency would prevent overcharging of clients. Financial gain from the large amount of untraceable in-country payments is the source of many “paper orphans.” Since these sums can run into the hundreds of thousands of dollars, far in excess of normal fees to child-welfare workers, corruption often soon follows. It is very difficult for those who are paid a pittance in difficult circumstances to resist the temptation of large amounts of cash, but child-welfare workers should not be motivated by profit to steal, purchase, or solicit children for placement.

5. Fifth, earmark some small amount of federal funds for CoA investigations.

PEAR believes that accrediting bodies need to be appropriately funded so they may thoroughly investigate agencies, their in-country partners, and the complaints submitted. They need to have funding beyond the application fees and adoption lobby support to do so. Otherwise, regulations are meaningless.

6. Sixth, inform the American public about individual adoption agencies’ records.
Pre-adoptive parents can be either unaware of the corruption in international adoption or in denial about it even when documented by media or other adoptive parents. Parents are hindered by the lack of unbiased and publicly provided information about the records and histories of agencies, their employees, and in-country partners. PEAR believes that the U.S. State Department should provide information about each agency’s history of orphan visa denials.


In addition, the State Department should require accrediting bodies (The Council on Accreditation and The Colorado Department of Human Services) to reveal the status of all accreditation applications. Currently, only approved and denied agencies are reported, not new, pending, or withdrawn applications. An agency’s application for accreditation can be pending for months or years, indicating potential issues, but this information is not publicly available.

Furthermore, under current COA practices, previously filed complaints are disregarded when reviewing a new accreditation application of a previously denied agency. This is counterproductive. Families need the ability to see the status of all applications so that they can file or re-file their complaints.

We also suggest that Congress amend the current regulations to allow public record of the reasons for denial of Hague accreditation. Under the current regulations, reasons for denial are kept confidential between the agency and the accrediting body. Prospective adoptive parents adopting from non-Hague countries and the public are kept in the dark as to the reasons for denial and often misled by denied agencies concerning the denials. It is impossible for prospective clients to make informed decisions about agency selection without having full information concerning the agency.

7. Seventh, enable the State Department to heighten the scrutiny of, or suspend accepting, an individual adoption agency’s visa applications from a particular country, whether that country is “Hague” or not.

The State Department should be expressly authorized by Congress to investigate adoptions by specific agencies, facilitators, or orphanages that have shown patterns of problems. The State Department should be able to restrict or eliminate orphan visas from agencies, facilitators, or orphanages known to have produced fraudulent documentation for visa applications. Problems or patterns should be publicly reported so that prospective parents can make informed choices. If adoption agency personnel or contractors have been associated with trafficking or other criminal behavior involving adoptee identity issues, the State Department should be required to inform U.S. citizens who used their services, even if the findings come many years after the adoptions took place.

Lastly, we believe that all immigrant orphan visas, not just Hague country visas, should go through State Department investigation prior to a family traveling overseas. We recognize that this limitation is in place because there is no agreement between the sending country and the U.S. which authorizes the State Department to investigate. We suggest that the U.S. enter into bilateral agreements with all non-Hague countries authorizing the State Department to investigate orphan status and visa eligibility prior to the adoption being finalized in-country.

8. Eighth, criminalize the purchase of children for international adoption.

PEAR believes that one of the most important steps to help eliminate corruption is to criminalize the purchase of children for international adoption. It seems intuitive that purchase of children for any purpose would be illegal, yet the trafficking or purchase of children for adoption in a non-Hague adoption is not illegal under current U.S. law. This oversight in U.S. laws must be corrected, and meaningful punishment instituted for individuals and organizations involved in such reprehensible behavior.

In addition, practices of soliciting children for adoption and tricking or coercing birth families into relinquishment should be criminalized. In the culture of some placing countries—particularly in Pacific Island⁹ and African nations¹⁰ —parents may not understand that adoption means the permanent legal severing of ties with their child.

In PEAR’s opinion, Lauryn Galindo¹¹ in Cambodia, Scott & Karen Banks¹² in Samoa, and others have received ludicrously light or negligible sentences after conviction of crimes connected to the trafficking of children. If potential adoption-trafficking charges were more severe—and were enforced by the courts—we believe that agencies and their facilitators would be less likely to be lured by greed or misguided intentions and would have to abide by higher ethical standards.

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

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¹ U.S. Embassy Hanoi, Summary of Irregularities in Adoptions in Vietnam (April 25 2008).


² United States of America vs Lauryn Galindo, Plea Agreement (June 23, 2004).


³ Rory Callinan, Stolen Children (Time August 21, 2008).

Asha Krishnakumar, The Adoption Market (Frontline, India, May 21, 2005).


⁴ Victoria Corderi, To Catch a Baby Broker (NBC Dateline, January 20, 2008).

Juan Carlos Llorca, US couple almost adopted stolen Guatemalan baby (AP July 31 2008).

Juan Carlos Llorca, To save adopted girl, Calif. couple gives her up (AP, November 22, 2008).


⁵ UNICEF and Terre des homes Foundation, Adopting: The Rights of the Child (2008).


⁶ Kirsten Stewart, U.S. families stunned and angry (Salt Lake Tribune, June 17, 2007).

Lisa Rosetta, Dreams of parents in two worlds shattered by scandal (Salt Lake Tribune. June 6, 2007).


⁷ John Nicol, Canadian parents raise concerns (CBC News, March 19, 2009).

Von Andrea Rexer, Kindergeld (Profil, January 19, 2009).


⁸ Barbara Demick, Chinese babies stolen by officials for foreign adoption (Los Angeles Times, September 20, 2009).

Peter S. Goodman, Stealing Babies for Adoption (Washington Post, March 12, 2006).

Barbara Demick, A family in China made babies their business (LA Times, January, 24, 2010).

Jimmy Wang, China's Kidnapped Children (New York Times, April 4 2009).


⁹ Jini L. Roby and Stephanie Matsumura, If I Give You My Child, Aren’t We Family? A Study of Birthmothers Participating in Marshall Islands - U.S. Adoptions (Adoption Quarterly Volume 5, Issue 4 June 2002).

Galvin Law, International Adoption–The Good, the Bad and the Ugly; A South Pacific Perspective, Samoa – The “Sending State". A Brief Outline of Customary Child Adoption Practices in Samoa (September 1, 2005).


¹⁰ Katharine Houreld, Africa adoptions clouded by uncertainty and confusion (South Coast Today, March 9, 2008).

Nadene Ghouri, Liberia: Children for Sale (BBC Crossing Continents, November, 13, 2008).


¹¹ U.S. Department of Justice, Hawaiian resident sentenced to 18 months in prison in Cambodian adoption conspiracy (United States Attorney, Western District of Washington, November 19, 2004).


¹² U.S. Immigration and Customs Enforcement, Defendants sentenced in Samoan adoption scam (Feb 25, 2009).

Brett L. Tolman and Brett Parkinson, Sentencing Memorandum (United States District Court, District of Utah, Northern Division, Case No. 1:07-CR-19 DS, Feb, 24,2009).