DOS Notice: New Kenyan Adoption Committee Formed

The U.S. Embassy in Nairobi received confirmation from the Government of Kenya that the new Adoption Committee members have been named and confirmed. The Adoption Committee held its first session on January 29 and is now processing adoptions again. 

If you have additional questions on the processing of adoptions in Kenya, please contact the Office of Children’s Issues at askCI@state.gov.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=kenya_3

---

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

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

---

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

DOS Notice: Kenya Adoption Committee disbanded

The U.S. Embassy in Nairobi learned that the Kenyan Central Authority, the Adoption Committee, was disbanded, thereby impacting Kenya's ability to process intercountry adoptions. Processing of adoptions is, and will continue to be, delayed until the publication of the nomination of the new committee members.

The Department of State understands that this event has triggered a number of inquiries from U.S. adoption service providers who want to learn how the disbandment will affect pending cases. The U.S. Embassy in Nairobi continues to press for clarification and will engage with the new committee once it resumes work.

The Department will post any updates regarding this situation on adoption.state.gov as we receive information from the Kenyan authorities.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=kenya_2

---

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

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

---

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. 

---

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