Monday, December 31, 2012

DOS Adoption Notice: Re-instatement of Services to U.S. Adoption Service Provider


Ethiopia  
December 31, 2012

Notice: Re-instatement of Services to U.S. Adoption Service Provider

On November 9, the Department of State posted a notice regarding the Ethiopian Ministry of Women, Children, and Youth Affairs’ temporary suspension of services to Adoption Advocates International effective September 12, 2012. 

On December 27, the Ministry informed the U.S. Embassy in Addis Ababa that as of November 30, 2012, it lifted the temporary suspension on services provided to Adoption Advocates International.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=ethiopia_18

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

DOS Adoption Notice: U.S. Department of State Continues to Recommend Against Adopting from Nepal


Nepal 
December 31, 2012

Notice: U.S. Department of State Continues to Recommend Against Adopting from Nepal

The Nepali Ministry of Women and Child Social Welfare (MWCSW) informed the U.S. Embassy in Kathmandu that as of December 2012, there are seven U.S. adoption service providers authorized to facilitate adoptions in Nepal at this time, and another ten U.S. adoption service providers whose authorization is pending payment of a $5000 fee to the Nepal Child Right Fund.  According to the MWCSW, the authorization of all adoption service providers, including those currently authorized and those with pending authorization requests, expires on December 31, 2012.  The MWCSW is currently soliciting new or renewed accreditation by international adoption service providers for dossiers submitted during a two-year period beginning on January 1, 2013.

Before embarking on an adoption in Nepal, prospective adoptive parents are strongly urged to confirm with the MWCSW that their adoption service provider is authorized to facilitate adoptions in Nepal.  Contact information for the MWCSW may be found on the Country Information Sheet for Nepal.  A copy of the MWCSW’s current list of Nepali authorized foreign adoption service providers may be obtained by writing to the U.S. Embassy at adoptionsnepal@state.gov. 

By way of background, on August 6, 2010, the U. S. Department of State and U.S. Citizenship and Immigration Services (USCIS) suspended processing of new adoption cases from Nepal involving children claimed to have been found abandoned because documents presented in support of the abandonment of these children in Nepal were unreliable.  Cases involving relinquishment by known birth parent(s) were not affected by the suspension.  In December 2011, the Government of Nepal informed the U.S. Department of State that there may be a small number of children who will be found eligible for intercountry adoption by the Government of Nepal as relinquishment cases.  The U.S. Department of State continues to strongly recommend that prospective adoptive parents refrain from adopting children from Nepal due to grave concerns about the reliability of Nepal’s adoption system and credible reports that children have been stolen from birth parents, who did not intend to irrevocably relinquish parental rights as required by INA 101(b)(1)(F).  We also strongly urge adoption service providers not to accept new applications for adoption from Nepal.

The U.S. Embassy in Kathmandu continues to encourage the Government of Nepal to work with the international community, including the Hague Permanent Bureau, to implement the Hague Adoption Convention and reform its adoption process to protect children and families. 

We will continue to keep you updated through adoption.state.gov as additional information is received.  This link will also provide additional information and past adoption notices and alerts on the detailed concerns found in Nepal adoptions.  Please refer to USCIS.gov for Special Instructions for How and When to File Adoption Petitions on Behalf of Nepali Children.

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

Saturday, December 29, 2012

PEAR Ethics Alert and Cautionary Statement on Adoptions from Democratic Republic of Congo

PEAR Ethics Alert and Cautionary Statement on Adoptions from Democratic Republic of Congo



PEAR has received a number of reports from adopting families and NGOs on the ground in Democratic Republic of Congo (DRC) regarding unethical conduct by adoption agencies, adopting families, local facilitators/attorneys, orphanage personnel, and officials in the DRC. These reports have come to us over the past year via informal notifications (individual emails, adoption chats, facebook postings), agency website information, blogs, media, NGO reports, US Department of State and Embassy communications, and direct communications with adopting parents and NGOs working with families and children on the ground in the DRC.

Due to the seriousness of these reports, the rapidly increasing interest in adoption from this country, and the continuing abuses of the process in the DRC, it is PEAR’s recommendation that families do not initiate new adoption applications at this time. We also recommend that those families currently in process either switch to another program, consider sponsoring a child, or, at a minimum, exercise extreme caution in pursuing adoption from DRC.  We encourage families who have recently completed or are currently in process to:
  • keep themselves aware of ethical issues and red flags for abnormal process;
  • honestly evaluate paperwork; 
  • question information they receive from orphanages and agencies;
  • question fees, especially fees above the average for an agency-assisted adoption and any “mandatory donations” made without a written receipt from the donee;
  • request itemized receipts for payments, including donations, in the US and abroad;
  • be aware that using a Hague Accredited agency does NOT guarantee an ethical and/or legal, adoption experience; and,
  • report any misgivings or suspicions concerning illegal or unethical conduct to appropriate US and Congolese officials.

In addition, we urgently call on the governments of the DRC and the United States to investigate allegations of corruption thoroughly and take any and all measures necessary to address these issues with honesty and transparency in order to protect Congolese children and families as well as US citizen prospective adoptive families. It is the duty of the US Embassies abroad to protect US citizens. Withholding critical information concerning adoption agencies, facilitators, and case trends from US adopting families is placing them at risk of involvement in illegal and/or unethical adoptions.

Ethical concerns include:

  1. Lack of proper infrastructure to support ethical adoption practices and thwart unethical, illegal processes. The DRC was recently named a “failed state” by Foreign Policy and the Fund for Peace  http://www.foreignpolicy.com/failed_states_index_2012_interactive. The lack of a proper infrastructure for child welfare, legal processes, and criminal prosecutions leaves an open invitation to the unethical conduct of adoption agencies known for unethical practices in other countries, agencies such as Celebrate Children International (an agency denied Hague accreditation despite numerous attempts, it was involved in the book about Guatemalan adoption corruption, Finding Fernanda). Although the DRC has a Child Protection Code in place, that code is rarely enforced,  earning them a Tier 2 rating by the US DOS for the 5th consecutive year. United States Department of State, 2012 Trafficking in Persons Report - Congo, Republic of the, 19 June 2012, available at: http://www.unhcr.org/refworld/docid/4fe30cd5c.html [accessed 16 September 2012]. Additionally, frequent reports of harassment, beatings, arbitrary arrests and detentions have increased for those who attempt to  investigate and report human rights violations. 2011 Human Rights Report: Democratic Republic of the Congo Bureau of Democracy, Human Rights, and Labor 2011 Country Reports on Human Rights Practices, http://www.state.gov/j/drl/rls/hrrpt/2011/af/186183.htm
  2. Reports of extensive bribes paid to local officials by US adoption agencies and/or their local facilitators (in addition to the direct information we have received from concerned adoptive families and NGO’s, the bribery situation is openly discussed and has been for quite an extensive time, on adoption chats such as Babycenter and adoption blogs, see http://congoadoptions.blogspot.com/ for a blog roll). In fact, in their 2010 report on Human Rights on Congo, the US DOS stated: “The law provides for criminal penalties for official corruption; however, the government did not implement the law effectively, and officials engaged in corrupt practices with impunity.” http://www.state.gov/j/drl/rls/hrrpt/2010/af/154341.htm the 2011 Report contains similar concerns for all levels of government, including the judiciary and police. PEAR would like to remind US agencies and families who participate in this bribery of foreign officials are subject to criminal prosecution under the Foreign Corrupt Practices Act, http://www.justice.gov/criminal/fraud/fcpa/
  3. Reports that orphanages are not using the money donated by agencies and adopting parents for the care of children. Donations run anywhere from $800-10,000 for "humanitarian aid" and "upkeep" of the child while in their care.  These same orphanages are not accountable for their funds and repeated visits by adopting parents reveal the children in a continued neglected state and gift donations no where to be found. PEAR has received numerous notifications from both adoptive families and NGOs on the ground in DRC concerning this issue.
  4. Repeated reports from foreign NGOs and adopting families of child laundering, baby selling, kidnapping, and coercive relinquishment practices called “harvesting”.  See both What Happened? Delighted In The Lord Blog, 9/27/2012,  http://delightedinthelord.wordpress.com/2012/09/27/what-happened/) and Combatting Corruption in Congo, MLJ Adoption Blog, 6/20/2012, Sonja Brown,  http://mljadoptions.com/Media.aspx?articleID=512 for referral to criminal conduct in adoption.
  5. Program growing too quickly without being tested for stability and capacity, creating huge potential for ethical/legal issues due to unrealistic expectations by PAPs and agencies and increasing pressure on local authorities to produce “adoptable” children. In 2008, there were 9 adoptions from DRC to the US. In 2011, that number increased to 133. We have received preliminary reports that numbers for 2012 are at least double. Historically speaking, when an increase of this magnitude happens, the ethics of the program decrease as participants engage in exploitative measures to increase profits. This recently happened in Guatemala, Vietnam, and Ethiopia. While there are many vulnerable children in need of care, the competition in intercountry adoption programs for young, healthy children with “documentation” invites the use of unethical and illegal practices both in finding children and filling orphanages that are merely holding places for children destined for intercountry adoption.
  6. Inconsistent and  inexplicable fees. According to the US Embassy in Kinshana, the following fees are typical within DRC for the purposes of completing an adoption: Court fees for an adoption case average between $100 and $300.  Lawyer fees can range from $1,000 to $2,500. http://kinshasa.usembassy.gov/adoption.html Currently, some US agencies are listing “Foreign Fees” that far exceed the costs enumerated above while others appear to reflect true costs. For example, Wasatch International’s foreign fee for DRC is $15,000, whereas Lifeline lists their foreign fee as a mere $1000. MLJ Adoptions does not breakdown an exact amount for the foreign fee, listing it instead as combined with in-country services for the child pending adoption, hotel costs for the family while incountry, and deposits on post placement visits ($500), the total of which is $24,000. The average annual income in DRC is $675 per year (compare to USA $45835.5 in 2008). Lawyers fees for adoption are $1,000 to $2,500, where is the remaining money going to?

We are dismayed to make this recommendation in light of the high numbers of children in need in DCR. However, we believe that the focus in DRC has shifted from finding solutions for children in need of families to finding children to fit the needs of an increasing number prospective adoptive parents. We suspect that some agencies are unrealistically recruiting families into DRC programs to fill the financial gap caused by recent closures and slow downs in previously high-volume countries.

We encourage those interested in DCR adoptions to read the articles cited above as well as  reports contained here:


If, after reading the above, you are determined to adopt from DRC, please do everything in your power to ensure that your child is a true orphan in need of intercountry adoption as the only viable option of alternative care. Follow the tips and suggestions for those adopting from Congo that are found here: http://kitumaini.blogspot.com.

PEAR continues to monitor adoption from DRC and will update our recommendations when believe adequate controls have been put into place to ensure ethical adoptions.



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

Friday, December 28, 2012

DOS Adoption Alert: Russian President Vladimir Putin Signs Legislation to Ban Intercountry Adoption by U.S. Families into Law


Russia 
December 28, 2012

Alert: Russian President Vladimir Putin Signs Legislation to Ban Intercountry Adoption by U.S. Families into Law

On December 28, President Vladimir Putin signed Federal Law No. 186614-6 which prohibits the adoption of Russian children by U.S. families.  This law will go into effect on January 1, 2013.
The Department of State remains actively engaged with the Russian government to determine how this will impact the resolution of adoptions by U.S. families in various stages of the adoption process.  In keeping with the spirit of the current U.S.-Russia adoption agreement, we have urged the Russian government to ensure that U.S. families in the process of adopting a child from Russia will be able to complete their adoptions so that these children may join permanent loving families.
 
The Department continues to encourage U.S. families in the process of adopting a child from Russia to provide information regarding where they are in the adoption process to the Office of Children’s Issues using the subject line “Intercountry adoption in Russia – family update.”  An email address has been set up for this correspondence: Russiaadoption@state.gov.  Those families that have already provided information to AskCI@state.gov do not need to resend their information.   As more information is obtained we will reach out directly to families that have provided their contact information.  Further information regarding intercountry adoption from Russia will also be posted on www.adoption.state.gov.

In Russia, U.S. citizen adoptive parents who completed an adoption, received a Russian passport for their child, and have filed or are ready to file Form I-600, Petition to Classify Orphan as an Immediate Relative, and apply for the immigrant visa at U.S. Embassy Moscow should call +7-495-728-5000 or email the Moscow U.S. Citizenship and Immigration Services Field Office at Moscow.dhs@dhs.gov to request assistance.  Absent additional information about the impact of the law, families who have received immigrant visas for their children should make every effort to depart Russia before January 1.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=alerts&alert_notice_file=russia_6


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

Russian Adoption: Important Information for Families in Process

The US Department of State, Office of Children's Issues and the USCIS are requesting that families in process of adopting from Russia use the following contacts for issues surrounding the adoption ban.


1. For families currently in Russia who have all documents needed for filing the I600 (birth certificate, adoption decree, Russian passport for child), or who will be able to obtain all documents by the close of business on Saturday, December 29, please contact the US Embassy in Moscow immediately. A task force has been set up to process your child's I600 and visa within one day. Email: moscow.dhs@dhs.gov

2. For families in process of adopting at any stage of the adoption, please register your information with DOS Office of Children's Issues by using the following email address: russiaadoption@state.gov. Please place "Intercountry Adoption Russia - Family Update" in the Subject line. Please discontinue using the ASKCI@state.gov address for family registration. Please do not use the russiaadoption@state.gov address if you are not a family in process.

PEAR strongly encourages families to reach out to the DOS/OCI and the US Embassy in Moscow for direct communication and advocacy of your cases. There is little need at this time to register your information with other organizations. DOS will have the information needed before any other entity and will be sure to provide consistent and vigilant advocacy on behalf of waiting families. PEAR will closely monitor developments and may suggest other courses of action in the coming days.

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