DOS Alert: Congolese Authorities Confirm the Suspension on Exit Permit Issuances Continues and Advise of Delays in Processing Grandfathered Cases

On December 19, the Congolese Minister of Justice, Minister of Interior and Security, and the General Direction of Migration (DGM) confirmed to members of the diplomatic corps, including the U.S. Ambassador, that the current suspension on the issuance of exit permits continues. This announcement confirmed information reported in the Department of State'sOctober 23 adoption alert regarding the suspension of issuance of exit permits to adopted Congolese children seeking to depart the country with their adoptive parents.

The Ministers announced that even those adoptive families whose cases meet the DGM's criteria for receiving exit permits during the suspension will experience significant processing delays. Applications for exit permits for adopted children are facing increased scrutiny following reports of an apparently falsely backdated bordereau letter submitted by a U.S. family. The DGM reported that a number of additional applications appear to include fraudulently-obtained documentation as well. The Ministers stressed that adoptive parents must be patient as the DGM is reviewing applications thoroughly and cannot predict when exit permits may be issued.

The U.S. Embassy in Kinshasa continues to seek information about why some families whose adoptions were approved by the Ministry of Gender and Family before September 25 have reportedly not been able to submit applications for exit permits. Adoptive parents are cautioned that the processing delays may impact the DGM's ability to accept and process additional applications.

The DGM continues to estimate that the suspension will last a year. Adoptive families, prospective adoptive families, and adoption service providers are cautioned that the DGM has not committed to processing applications for exit permits within a given timeframe once the suspension ends.

Reminder of prohibition on adoptions by single parents:

On December 19, the Minister of Justice, Minister of Interior and Security, and DGM reiterated the October 22 announcement that children adopted by single parents will no longer be eligible for exit permits, unless the adoptions were approved by the Ministry of Gender and Family before September 25. This prohibition applies to single individuals from all countries and is intended to be permanent.

Please direct questions related to this notice or a specific adoption to the Department of State, Office of Children's Issues at 1-888-407-4747 within the United States, or 202-501-4444 from outside the United States. Email inquiries may be directed to AskCI@state.gov. We will also post new information as it becomes available on www.adoption.state.gov.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=alerts&alert_notice_file=democratic_republic_of_congo_6

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

PEAR Statement on "Baby Veronica" Case

Over the last four years, PEAR has been following the increasingly complicated custody case of “Baby Veronica.” As the story involved several states, the ICWA (Indian Child Welfare Act), a Supreme Court  ruling, numerous other court rulings, Nightlight Christian Adoptions, and often erroneous coverage in the media, we suggest you read the history of this saga at https://www.facebook.com/StandingOurGroundForVeronicaBrown, http://keepveronicahome.com/index.php/my-daddy, http://indiancountrytodaymedianetwork.com/story/baby-veronica, http://www.reformtalk.net/2012/01/06/adoptive-parent-entitlement-in-south-carolinacherokeeicwa-case-updated/, http://en.wikipedia.org/wiki/Adoptive_Couple_v._Baby_Girl, and, for the adoptee perspective http://www.latimes.com/local/lanow/la-me-ln-baby-veronica-adoptees-20130925,0,1433838.story for deep background. Many other bloggers, from the adoption community and the Native American community, have also spoken up.

We believe this is a case of wrongful adoption of Veronica Brown by Matt and Melanie Capobianco. To summarize briefly, Nightlight Christian Adoptions (NCA) allowed this “open” adoption to proceed without the consent of the biological father, Dusten Brown. Furthermore, someone – whether the biological mother, her attorney Raymond Godwin (who is married to NCA’s director), and/or NCA is unknown to us - apparently deliberately falsified paperwork prior to the birth, misspelling Dusten’s name and using an incorrect birth date so that his Cherokee tribe would not be notified, which is a requirement for a child with Native American heritage. Had the tribe been contacted, the adoption could not have taken place.

The Capobiancos were permitted to raise Veronica until she was two. At that point, the court in South Carolina ruled that Dusten had not knowingly given up his parental rights. Veronica was given to him, as she should have been as soon as the adoption was contested. Yet the Capobiancos refused to accept that decision. Over the last two years, the Capobiancos have been relentless in their pursuit of this child. They took this case public, exposing Veronica’s privacy in perpetuity and using Dr. Phil and adoptee-locator Troy Dunn as part of their PR machine to sway public opinion and the courts in their favor. They have had Dusten arrested and are now suing him for legal fees that were provided to them pro bono, travel fees to cover the media/publicity appearances they made (which are normally paid by the media, such as Dr. Phil).  

Not only have the Capobiancos done their utmost to procure this child through what we believe are fraudulent, deeply unethical means, but they, their adoption agency, and their lawyer have betrayed the basic concept of what adoption is meant to be: providing a family for a child who has none.   Fortunately, Veronica’s case has garnered so much attention that she will be able to realize how her father fought to keep her, despite the machinations of the Capobiancos and their team. (For details, go to http://www.reformtalk.net/2013/09/23/spotlight-on-south-carolina-adoptions-and-nightlight-christian-adoptions/).

We are extremely disheartened that the courts in this country have allowed this adoption to take place. Numerous adoption laws have been broken. South Carolina and Oklahoma do not have open adoption regulations that can be enforced. Given the animosity the Capobiancos have shown toward Dusten, we sincerely doubt they will allow Veronica’s father to be a regular presence in her life, or that they will be speaking of him and his extended family (as well as the Cherokee Nation) with the respect and love he deserves.  

We fear for Veronica’s mental and emotional health, as she has been removed from the home of her father, step-mother, step-sister, and many other relatives and friends, and taken thousands of miles away to live with a couple who has shown the utmost disdain for her family while claiming that their custody is in “her best interest.” 

Most important, however, is that this child has rights of her own. Veronica has the right to be raised by a competent, loving biological family. Prospective adoptive parents, their adoption agencies, and their adoption attorneys should not be allowed to trample on a biological father’s (or mother’s) rights. They should not be allowed to encourage biological mothers to deliver in a state (especially one with lenient adoption regulations) that is not their legal residence. They should not take their private situations public. They should pay utmost care when preparing paperwork that determines a child’s future. They should not feel justified, with an overwhelming sense of entitlement, to another person’s child.

The tragedy of this case highlights the inequity between determined adoptive parents and the rights of the adoptees and their biological families. 

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

DOS Alert: Democratic Republic of the Congo Authorities Announce Changes to Suspension Exceptions and New Prohibition on Adoptions by Single Parents

October 23, 2013:  Changes to limited exceptions to suspension on exit permit issuances: 

On October 22, the Congolese Ministry of Interior and Security, General Direction of Migration (DGM) clarified limited exceptions to the suspension of exit permit issuance referred to in the Department of State’s October 8 adoption notice. The DGM will issue exit permits to adopted Congolese children whose adoptions were approved by the Congolese Ministry of Gender and Family’s interministerial adoption committee beforeSeptember 25, 2013. The DGM provided the U.S. Embassy in Kinshasa with a list of children whose adoptions meet this requirement. The U.S. Department of State will contact the families whose children are on the DGM’s list by October 28. Adoptive parents are advised that the possession of a U.S. immigrant visa may not, on its own, be sufficient for the DGM to issue an exit permit to an adopted Congolese child.

Adoptive parents whose Congolese children’s cases fall under the exception must apply in person to the DGM’s Administrative Secretary for exit permits. Please note there is no fee for the service. The DGM usually takes a minimum of seven days to process exit permits for adopted children. The DGM Administrative Secretary may be reached at:

Mr. Albert Luyinu, Administrative Secretary
Direction Generale d’Immigration
65, Boulevard du 30 juin,
Commune de la Gombe
Ville de Kinshasa, R.D.Congo

The DGM further clarified that the Ministry of Gender and Family will not process any pending or new applications for approval of adoptions during the suspension on exit permit issuances.

New prohibition on adoptions by single parents: 

On October 22, the DGM informed the U.S. Embassy in Kinshasa that it will no longer issue exit permits to Congolese children adopted by single parents, unless the adoption meets the above criteria for limited exceptions. The DGM contends that certain provisions of Congolese law prohibit single individuals from adopting Congolese children. This prohibition applies to single individuals from all countries and is intended to be permanent. The U.S. Embassy in Kinshasa is seeking clarification on the prohibition’s impact on children whose adoptions by U.S. families were already completed in the Democratic Republic of the Congo before the suspension.

Adoptions in progress: 

Prospective adoptive parents and adoption service providers are reminded that adopted Congolese children cannot depart the Democratic Republic of the Congo without an exit permit. Therefore, while the courts may continue processing adoptions, the children adopted during the suspension will not be able to obtain exit permits to depart the country.

Please direct questions related to this alert or a specific adoption to the Department of State, Office of Children’s Issues at 1-888-407-4747 within the United States, or 202-501-4444 from outside the United States. Email inquiries may be directed to AskCI@state.gov. We will also post new information as it becomes available on www.adoption.state.gov.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=alerts&alert_notice_file=democratic_republic_of_congo_5

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

DOS Notice: Reminder of Kenyan prohibition against pre-selection of prospective adoptees

October 15, 2013:  The Kenyan Adoption Committee has requested that the United States government remind adoption service providers and prospective adoptive parents of Kenya’s strict prohibition against pre-selection of children by prospective adoptive parents.  The Kenyan National Adoption Committee, Kenya’s Central Authority under the Hague Adoption Convention, is likely to reject dossiers and/or referrals for families that have pre-selected a child or have had prior contact of any kind with a specific child, the child’s guardian, or individuals with power to determine a child’s eligibility or placement for adoption.  This could include, but would not be limited to, contact through mission trips, volunteering at orphanages, or other relationships with the prospective adoptee.  The sole exception to this prohibition is when a prospective adoptive parent can prove a blood relationship with a prospective adoptee. 

The U.S. Intercountry Adoption Act, which implements the Hague Adoption Convention in the United States, and the Department of Homeland Security’s Interim Hague regulations require disclosure in the home study of any information relevant to the prospective adoptive parents’ eligibility to adopt under the specific requirements of the child’s country of origin (See 8 CFR 204.311(q)).  Prior contact between prospective adoptive parents or any additional adult member of the household and a Kenyan child’s parents, custodian or other individuals or entity responsible for the child’s care may be grounds for denial of the Form I-800 (See 8 CFR 204.309(b)(2)).

Adoption service providers and prospective adoptive parents who wish to know more about intercountry adoptions from Kenya can visit the Department of State’s page on adopting from Kenya and the U.S. Embassy in Nairobi’s website for more information.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=kenya_1

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

DOS Alert: Guidance on Processing of Emergency Adoption Cases during Ghana’s Suspension

October 15, 2013:  On April 30, 2013, the Government of Ghana suspended processing of all adoption cases, including intercountry adoptions, pending Ghana’s review of its current adoption procedures.  This alert provides additional information on how the Ghanaian Department of Social Welfare (DSW) is implementing the suspension and how the suspension impacts processing of related Forms I-600, Petition to Classify Orphan as an Immediate Relative.

Cases Subject to the Suspension

All adoption cases that received final approval by the Ghanaian Department of Social Welfare (DSW) or were filed with a court before April 30, 2013, are not subject to this suspension.  

For cases filed with a court on or after April 30, 2013, only emergency cases may proceed to final adoption in Ghana.  Emergency cases include children who have special needs or medical conditions, children who could “age out” of adoption eligibility, and children adopted by biological relatives.  These emergency cases must be submitted to the Acting Director of DSW for approval before being submitted to a Ghanaian court.

We strongly encourage prospective adoptive parents not to proceed with an adoption in Ghana unless you meet the suspension exceptions described above.  If you wish to pursue an adoption in another country due to the suspension, please see the U.S. Citizenship and Immigration Services (USCIS) website for more information at www.uscis.gov/adoption.

Guidance Regarding Form I-600 Petition Processing

When filing any Form I-600 petition, U.S. prospective adoptive parents must establish that the adoption or grant of custody took place in accordance with the law of the child’s country.  For all Form I-600 petitions filed on behalf of a child from Ghana USCIS and the Consular Section at the U.S. Embassy in Accra require evidence that the Minister or Acting Director of DSW has approved the adoption case filed with the court after April 30 to ensure it was completed in accordance with the regulated exceptions to the suspension.  In an effort to efficiently process these cases, USCIS Accra will continue to contact the DSW directly for petitions filed in Accra, when necessary, to confirm whether the case was approved by DSW.  Prospective adoptive parents may also choose to obtain this evidence directly from DSW and submit it with their Form I-600 petition.  The address for the Acting Director of the Department of Social Welfare is P.O. Box MB 230, Accra, Ghana. 

Please note there is no fee by DSW or USCIS for confirmation that a specific case was approved by the DSW.  If prospective adoptive parents are unable to obtain this information from the DSW, please notify USCIS Accra at uscis.accra@uscis.dhs.gov. 

The Department of State and USCIS will continue providing updated information on adoption.state.gov as it becomes available.  If you have any questions about this notice, please contact the Office of Children’s Issues at 1-888-407-4747 within the United States, or 202-501-4444 from outside the United States.  Email inquiries may be directed to AdoptionUSCA@state.gov. 

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=alerts&alert_notice_file=ghana_3

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