Haiti's orphans: the fine
line between adoption and abduction
By:
Almena Mayes, The Guildfordian
Posted: 2/12/10
On
Jan. 12, 10 Baptist missionaries from Idaho were arrested at the
Haitian-Dominican Republic border and charged with kidnapping and child
trafficking.
The missionaries said they were just trying to take the children to a
better life. The Haitian government, however, saw things differently.
According to the BBC, Jean Sainvil, a Haitian-born pastor now living in
America helped the missionaries gather the children, load them onto a
bus and proceed to the border.
Dominican authorities said the Americans had no documents to prove they
had cleared the adoptions of the children through any embassy, nor did
they have passports for the children. It became clear after the arrest
that many of the children were not orphans.
Richard Danzinger of the International Office of Migration (IOM) told
The Guilfordian that children found in disaster areas are not to be
adopted outside of their native country for at least two years.
However, despite this policy, many fast-tracking adoption procedures are
already under way in Belgium, Canada, France, Germany, the Netherlands,
Spain and the United States.
"Unfortunately many (child adoption) agencies feel that this (two
year period) is far too long for a child to wait for a suitable family
and better life," said Danzinger.
The IOM reported that in 2008, U.S. citizens adopted approximately 301
children from Haiti. As many as 600 or more were already in the queue
for adoption to the U.S. prior to the earthquake. Those adoptions will
go through; however, there will be very few new applications processed
until the dust settles and the status of the children is properly
verified.
"Haiti has long been known as one of the more difficult countries
from which to adopt" Tanya W., a social worker from Newark, N.J,
told The Guilfordian, "My husband and I have been trying to adopt a
Haitian infant for almost two years."
Adoption.com states that prospective parents wanting to adopt a child
from Haiti must acquire proper documentation from the surviving parent
or legal guardian as well as the regional Justice of the Peace.
The documentation must then be submitted to the immigration authorities
in Haiti, who in turn investigate the medical and psychological
well-being of the prospective parents and child. Finally, the adopting
parents or their legal representative must present the authorization in
civil court and obtain a Haitian legal document known as the "Acte
d'Adoption," which serves as the official adoption decree.
In spite of this process, child trafficking has grown in the aftermath
of the earthquake.
Allissa Silverman, Deputy Director of the Southeast Regional office of
UNICEF in Atlanta, Georgia, explained that Haiti is a target for many
child traffickers because of its impoverished people.
"Parents hoping to give their children better lives fall prey to
unscrupulous business people who, instead of giving the children the
lifestyle and education promised, sell them into the sex trade industry
or for illegal organ harvesting," she said.
UNICEF has already documented 15 confirmed cases of children missing
from area hospitals.
©
Copyright 2010 The Guilfordian
February
6, 2010
One
sure consequence of disaster: adoption
http://www.theglobeandmail.com/news/world/haiti/one-sure-consequence-of-disaster-adoption/article1458459/
By
Siri Agrell
From Saturday's Globe and Mail
When
a group of American missionaries was arrested last weekend after trying
to bring 33 children out of Haiti, troubling questions began to arise
When
a group of American missionaries was arrested last weekend after
smuggling 33 children out of Haiti, troubling questions began to arise
about the impulse to whisk kids out of disaster zones. But trends in
international adoption have always followed close on the heels of wars
and humanitarian disasters, according to Queen's University professor
Karen Dubinsky, whose book Babies Without Borders: Adoption and
the Symbolic Child in Canada, Cuba and Guatemala will be
released this spring. The story is always the same, she says. The
disaster produces interest in orphaned children, an adoption system is
opened, scandals develop and the system closes down. Move to another
location and repeat.
Korea: The
adoption of foreign children began in the United States during the
Korean War from 1950 to 1953, when an American evangelical couple named
Henry and Bertha Holt began a campaign to fight communism one child
at a time. "They had missionary zeal and the Cold War behind
them," Ms. Dubinsky says. "Some historians say they
single-handedly invented international adoption."
Vietnam: In
Canada, the first spike in international adoption began at the end of
the Vietnam War, spearheaded by three Montreal housewives who got
involved in a U.S.-led campaign called Operation Babylift. More than
3,300 infants were removed, although it was later revealed that not all
were orphans. The project earned notoriety after an Operation Babylift
plane crashed after takeoff in Vietnam, killing 141 children and
volunteers. The adoption campaign led to a change to Canada's
immigration policy, creating a new category for unaccompanied babies.
Cuba: From
1960 to 1961, 14,000 unaccompanied children were sent from Cuba to Miami
as part of Operation Peter Pan. Although parents were promised that they
would be reunited with their children, more than 7,000 were permanently
stranded in the American foster-care and orphanage system after the Bay
of Pigs invasion ended U.S.-Cuban relations. Decades later, one of those
children - Maria de los Torres - would sue the Central Intelligence
Agency for access to documents that revealed Cuban parents were
responding to an American rumour campaign suggesting Fidel Castro was
about to nationalize children. Now, there are rumours of a Hollywood
movie about the event.
Romania: After
Nicolae Ceausescu was overthrown and executed in the 1989 revolution,
media attention directed at the sorry state of Romanian orphanages
created a bump in interest about adoptees in former Soviet Bloc states.
Russia: In
1990, Russia made adoption open to foreign parents. Ms. Dubinsky says
interest was fuelled by U.S. investigative television shows that aired
hidden-camera footage of substandard orphanage conditions. Unlike with
other countries, the narrative around Russian adoptions focused on the
physical and mental health of the children.
Guatemala: In
the early 2000s, Guatemala had the dubious distinction of having the
highest per-capita adoption rate in the world. Civil wars in Latin
America drew international attention to the region, and soon the poor
country was cashing in on its children. "In Guatemala, it just
started to become a business, nothing more," Ms. Dubinsky says.
"It was a country in deep poverty that began to see its only value
in exporting its children."
China: The
increase in adoptions from China did not emerge out of a single event.
The introduction of the country's one-child policy in 1979 and the
Tiananmen Square massacre a decade later drew global attention to the
country's human-rights abuses, and adoptive parents to its shores.
Indonesia:
In the aftermath of the 2004 Asian tsunami, many well-meaning families
rushed to adopt as an immediate way to provide help. "That's
probably one of the first times that ever happened," Ms. Dubinsky
says. "It's also the first time mainstream child-welfare
organizations started saying it wasn't the right response."
Ethiopia: Adoptions
from Africa were not popular until the late 2000s, despite decades of
well-publicized suffering, and were influenced by the celebrity families
of Angelina Jolie and Madonna. Ethiopia experienced a surge of foreign
adoptions three years ago.
Middle
East: Although
recent global conflicts have been focused on the Middle East, Islamic
nations are the exception to the adoption trend. Muslim nations do not
allow Western-style adoptions, although they do have a system for caring
for orphaned children. "It's an interesting parallel," Ms.
Dubinsky says. "I don't think we saw the same kind of human-rights
coverage and calls to adoption agencies after the Iraq and Afghanistan
invasions."
Haiti: Ms.
Dubinsky is troubled by the news that one of the same Miami groups
involved in the Cuban airlift of children n 1960 has re-emerged in
Haiti, calling itself Operation Pierre Pan.
Americans
held in 'illegal adoption' probe
Sunday,
January 31, 2010 - 10:02 AM
http://www.examiner.ie/breakingnews/world/americans-held-in-illegal-adoption-probe-444247.html
Ten
Americans were detained by Haitian police as they tried to bus 33
children across the border into the Dominican Republic, allegedly
without proper documents.
The Baptist church members from Idaho called it a Haitian Orphan
Rescue Mission, meant to save abandoned children from the chaos
following Haiti’s earthquake.
Their plan was to scoop up 100 kids and take them by bus to a rented
hotel at a beach resort in the Dominican Republic, where they planned
to establish an orphanage.
Whether they realised it or not, these Americans – the first known
to be taken into custody since the January 12 earthquake – put
themselves in the middle of a firestorm in Haiti, where government
leaders have suspended adoptions amid fears that parentless or lost
children are more vulnerable than ever to child trafficking.
“In this chaos the government is in right now we were just trying to
do the right thing,” the group’s leader, Laura Silsby, told
reporters at the judicial police headquarters, where the Americans
were being held pending a hearing tomorrow before a judge.
Ms Silsby said they only had the best of intentions and paid no money
for the children, whom she said they obtained from well-known Haitian
pastor named Jean Sanbil of the Sharing Jesus Ministries.
Ms Silsby, 40, of Boise, Idaho, was asked if she didn’t consider it
naive to cross the border without adoption papers at a time when
Haitians are so concerned about child-trafficking.
“By no means are we any part of that. That’s exactly what we are
trying to combat,” she said.
Social Affairs Minister Yves Cristallin told reporters the Americans
were suspected of taking part in an illegal adoption scheme.
Mr Cristallin said the 33 children were lodged late Saturday at an SOS
Children’s Village outside of Port-au-Prince. SOS Children’s
Villages is a global non-profit based in Austria.
Many children in Haitian orphanages aren’t actually orphans but have
been abandoned by family who cannot afford to care for them.
Advocates both here and abroad caution that with so many people
unaccounted for, adoptions should not go
forward until it can be
determined that the children have no relatives who can raise them.
Unicef and other NGOs were registering children who may have been
separated from their parents.
Relief workers are locating children at camps housing the homeless
around the capital and are placing them in
temporary shelters while
they try to locate their parents or a more permanent home.
The US Embassy in Haiti sent consular officials, who met with the
detained Americans and gave them bug spray and MREs to eat, according
to Sean Lankford of Meridian, Idaho, whose wife and 18-year-old
daughter were being held.
“They have to go in front of a judge on Monday,” Mr Lankford said.
“There are allegations of child trafficking and that really
couldn’t be farther from the truth,” he added.
The children “were going to get the medical attention they needed.
They were going to get the clothes and
he food and the love they need
to be healthy and to start recovering from the tragedy that just
happened”.
Consensus ‘paves way for
referendum on children’
http://www.sbpost.ie/newsfeatures/consensus-paves-way-for-referendum-on-children-46920.html
24 January 2010 By
Niamh Connolly Political Correspondent
After two years of talks and more than 60
meetings, a cross party Oireachtas committee will next month
publish a
report to strengthen children’s rights in the Constitution. Demands
for such changes have been
heard since the Kilkenny incest case
committee reported in 1993. Since then, a succession of reports
has
exposed a litany of state failures to protect children from physical and
sexual abuse.
Now, a consensus decision of a Joint Committee
on the Constitutional Amendment on Children will finally
pave the way
for a referendum later in the year - provided the government accepts the
committee’s
formula of words. The final decision on a referendum will
be a matter for cabinet, according to Fianna
Fáil deputy Mary
O’Rourke, who chairs the committee.
‘‘I feel we have done the very best we
could: it was achieved by consensus and I’m satisfied it came
about
that way," O’Rourke said.
The committee agreed that the proposed amendment
would take the form of a ‘‘declaratory paragraph’’
devoted to
the specific rights of the child.
Successive high-profile child abuse
investigations have urged changes to the Constitution which
subordinates
the rights of children to ‘‘the inalienable and imprescriptible
rights’’ of the family.
Two previous reports of the committee
recommended legislative changes, rather than a referendum.
But the third
report, which will be submitted to cabinet next month, contains wording
for a referendum.
Fine Gael deputy Alan Shatter, a family law
solicitor and member of the committee, said he was confident
it would be
accepted by government.
‘‘It is because we reached a consensus that
we would be very optimistic that the report will be accepted
by
government, and that we will have a referendum based on what the
committee recommends," said Shatter.
Shatter said he saw no reason why it could not
be held next June, when it would coincide with outstanding
issues also
requiring a constitutional amendment. These include the move to
establish a civil court of appeal
and Fine Gael’s proposal to change
the laws on judges’ remuneration and pensions.
Shatter declined to comment on the precise
wording on the basis that he ‘‘wanted to preserve the integrity
and
confidentiality of the process’’.
However, it remains unclear whether the
government will accept the committee’s recommendation, as the
issue is
fraught with legal difficulties. There is always a fear that it could
spark resistance from certain groups
which believe that bolstering state
protection for children would be an intrusion into the family.
A further challenge for the committee was to
enhance protection for all children, regardless of the marital
status of
their parents, without creating a conflict in how the Constitution views
the family based on marriage.
The conundrum was summed up by Barry Andrews,
Minister of State for Children, at a contentious meeting
of the
committee last September.
He said the goals of the amendment were to
‘‘recalibrate the balance of the rights of children more heavily
in
their favour and . . . achieve equality in the Constitution in regard to
all children, whether marital or non-marital’’.
The committee was set up two years ago to review
the government’s wording for the 28th Amendment of the
Constitution
Bill 2007 for a children’s rights referendum.
The government’s original amendment affirmed
‘‘the natural and imprescriptible rights of all children’’. But
the
committee soon found the draft was ‘‘not fit for purpose’’,
in the words of Labour Party deputy Brendan Howlin.
Andrews provoked serious disquiet at the
September meeting, when he told members that he would revert to
the
government’s original 2007 draft wording.
His suggestion was rejected by committee
members, including O’Rourke, who insisted that the government’s
draft wording was not in the best interests of children.
In a hard-hitting rebuff to Andrews at the time,
Shatter questioned whether the committee had become a ‘‘talking
shop
about children’s rights and concerns’’.
The government’s original amendment was seen
as falling short in that it obliged the courts to "[endeavour] to
secure the best interests of the child’’ in all adoption,
guardianship, custody and access cases."
Childcare groups said this would actually dilute
the rights of children as, under the Guardianship of Infants Act,
the
rights of the child are ‘‘paramount’’.
Childcare groups want the Constitution to
provide for the children of some married couples to be adopted to avoid
a repeat of the ‘Baby Ann’ case in 2006. In that case, the Supreme
Court ruled that a two-year old girl should be taken from her adoptive
parents and returned to the custody of her birth parents after they
withdrew consent for her adoption.
A constitutional change would remove some of the
obstacles to adopting children in care. There are more than 5,000
children in care in Ireland, most with foster families. The change would
also address problems faced by adopted children and birth parents in
tracing their relatives.
In Ireland, birth parents have no statutory
right to trace adopted children.
Last October, the committee sought eight more
weeks to come up with its proposed wording for a referendum. Last week,
it said it would publish the report after its final meeting on February
3.
A referendum on children’s rights is among the
pledges of the new Programme for Government negotiated between Fianna Fáil
and the Green Party last autumn.
The programme appeared to put an end to a
possible return to the government’s original draft. It specified that
the referendum should be based on the work of the committee, which was
welcomed by O’Rourke at the time.
A bipartisan approach, with mostly private
meetings away from the gaze of the media on this politically-sensitive
matter, was adopted by the Oireachtas parties to avoid gamesmanship.
Submissions were made by a range of chi ld
protection groups, including Barnardos, Cari, the Dublin Rape Crisis
Centre, ISPCC, One in Four and the Rape Crisis Network of Ireland.
©
Thomas Crosbie Media 2010.
January
23, 2010
Call for halt to Haiti
adoptions over traffickers
http://www.timesonline.co.uk/tol/news/world/us_and_americas/article6999280.ece
Martin
Fletcher in Port-au-Prince
Thousands
of children unaccounted for since Haiti’s earthquake are at risk of
falling prey to child traffickers, aid agencies have wearned, as fears
were raised over at least 15 children who have vanished from hospitals
within the past few days.
Unicef,
the UN children’s agency, warned that "traffickers fish in pools
of vulnerability. We know from past experience that trafficking happens
in the chaos that usually follows emergencies." A Unicef adviser,
Jean Luc Legrand, said he knew of at least 15 cases of children
disappearing from hospitals.
Save
the Children, World Vision and the British Red Cross have called for an
immediate halt to adoptions of Haitian children not approved before the
earthquake, warning that child traffickers could exploit the lack of
regulation. There has been a surge in offers from well-meaning
foreigners.
Rupert
Colville, spokesman for the UN High Commissioner for Human Rights, said
that child enslavement and trafficking was "an existing problem and
could easily emerge as a serious issue over the coming weeks and
months".
Nearly
30 agencies helped by the UN peacekeeping mission and the Haitian
government are urgently pooling information and resources to counter the
threat. They are are touring hospitals and orphanages, broadcasting
radio messages, and increasing surveillance of road traffic, the airport
and the border with the Dominican Republic.
The
scale of the problem is potentially enormous. Haiti is awash with
children, with 45 per cent of its population younger than 15. One UN
official estimated that between 40,000 and 60,000 children were killed,
orphaned or separated from their families by the earthquake, which
struck while most were still in school, and anecdotal evidence suggests
many have been left to fend for themselves.
One
small orphanage visited by The Times yesterday said it had turned
away ten children because its buildings were badly damaged. A World
Vision official in Jimani, a town just across the border in the
Dominican Republic, said eight orphans and 25 unaccompanied children —
many injured — had turned up there by Tuesday. A UN official spoke of
people driving to the airport in expensive cars and putting children on
outgoing flights without any documentation.
The
alarm is particularly acute given Haiti’s dire record of child abuse.
The UN High Commissioner for Refugees reported in 2008 that 29 per cent
of children under 14 were already working, and roughly 300,000 were
‘restaveks’ (a creole corruption of ‘rester avec’) whose
impoverished parents send them to work for wealthier families in the
hope they will receive food and shelter.
Some
were cared for and educated, but others were "sexually exploited
and physically abused; and are unpaid, undocumented, and
unprotected". When they turn 15, and must by law be paid, many are
turned on to the streets to join as many as 3,000 other children who
survive on the streets of Port-au-Prince as vendors, beggars or
prostitutes.
Even
before the earthquake, Haitian children were regularly sent to the
Dominican Republic to work in sex tourism, or recruited by armed
gangs. A Haitian women’s organisation documented 140 rapes of girls
younger than 18 years in the 18 months toJune 2008. Haiti’s many
orphanages — there are said to be 200 in Port-au-Prince alone —
are poorly regulated, and some are mere fronts for international child
traffickers.
Minister wants to help
children in Haitian orphanages
http://www.irishtimes.com/newspaper/ireland/2010/0122/1224262842741.html
MICHAEL
O'REGAN
Fri,
Jan 22, 2010
Minister
of State for Children Barry Andrews said he had discussions with
ministerial colleagues and others about assisting children in Haitian
orphanages.
He
said he would like Ireland to help by supporting the reconstruction of
orphanages and by facilitating the provision of respite accommodation to
children and parents, as had happened in the aftermath of the Chernobyl
accident.
“It
may be possible for us to agree fostering arrangements,” Mr Andrews
added.
“The
difficulty with adoption is that a Haitian parent might come to Ireland
in three or four years time to look for his or her child. They might
find that a bond has already been developed between the child and the
adoptive parent.”
It
was clear, said Mr Andrews, that the State would be liable if it had not
carried out the correct adoption procedures with due diligence. “This
underlines some of the difficulties that exist in this area,” said Mr
Andrews.
“Adoption
should not necessarily always be the first option for people who have a
strong urge to protect and care for children.”
Speaking
during the debate on the Adoption Bill, he said that reference had been
made to the right to access information that helped one to trace people
involved in adoptions.
“The
adoption board has been operating a national adoption contact preference
register for the last few years,” he added. “The issue of tracing
can cause serious, complex and sensitive issues to arise.”
Mr
Andrews said that while there was a lot of interest in the register,
matching could have limited success.
“Clearly,
there needs to be a balance between the right to privacy of a person who
gives up a child for adoption and the right of a child to know who his
or her parents are,” he added. It was hard to reflect those balancing
rights in law, said Mr Andrews.
Melanie Verwoerd: Adoption
of Haitian children calls for great care
http://www.herald.ie/opinion/melanie-verwoerd-adoption-of-haitian-children-calls-for-great-care-2025057.html
By
Melanie Verwoerd
Thursday January 21 2010
Last
Thursday, three days after the Haiti earthquake, there was a moment of
joy.
Redjeson
Hausteen Claude (2) was pulled from the ruins.
As
rescuers lifted him out, his mother Daphnee Plaisin ran forward and he
spotted her, giving a delighted smile of recognition as only a child can
do for his mother.
But
imagine if Daphnee was not there -- she might have gone for water.
Imagine if they took Redjeson to one of the care points for separated
children.
Perhaps
his mother could not find him or did not hear amongst all the chaos that
they took a baby out of the rubble.
And
then a few day later, he gets shipped off in a plane to Ireland -- with
his mother never realising that he was alive.
On
this page yesterday, Sinead Ryan wrote a piece suggesting that Irish
people should start adopting babies "now".
Amongst
others, she encouraged people who want to adopt babies to email Minister
Barry Andrews TD with their request.
I
am sure that we all want to do something to help the children of Haiti.
But what needs to happen now is for children to be taken care of in
Haiti.
This
is what Unicef and many of our partners are trying to do -- to the best
of our ability.
The
priority is to make sure that children are safe, fed and medically
looked after.
Our
next priority is to reunite them with their parents or family members.
Before we can even consider any adoption, we have to ensure the children
are truly orphaned and that there are no surviving relatives.
To
cut any corners in the adoption procedures would be extremely dangerous.
During
the Indian Tsunami in 2005, traffickers immediately started preying on
vulnerable children -- both for the sex trade and also for foreign
adoptions.
Reports
from our staff in Haiti indicate that in the field hospitals, suspicious
people are already attempting to remove children without permission.
Without
any doubt there will be many children orphaned by the earthquake, who,
in months to come, will need a good home.
In
the interim, the best thing to do is to support those agencies that can
look after the children and try to unite
them with their families.
To
suggest other wise is irresponsible and dangerous.
Minister
Barry Andrews, T.D. Announces Government Decision to Suspend Bilateral
Intercountry Adoption Negotiations with Vietnam
http://www.omc.gov.ie/viewdoc.asp?DocID=1226
Thursday, 14th January 2010
The
Government has decided to suspend indefinitely negotiations on a new
bilateral intercountry adoption
agreement with the Socialist Republic of
Vietnam. This will have the effect of suspending intercountry
adoption
from Vietnam until such time as the Adoption Bill 2009 has been
enacted and Ireland and Vietnam have both
ratified the provisions of the
Hague Convention.
The
decision, which will cause bitter disappointment for the many families
hoping to adopt from Vietnam, was
taken in response to the serious
findings and recommendations contained in the report on intercountry
adoption commissioned by UNICEF and the Vietnamese Ministry of Justice
and carried out by International Social Services (ISS). An earlier
report published last August by the Vietnamese Ministry of Labour,
Invalids and Social Affairs (MOLISA) was also considered in making the
decision.
The
UNICEF/ISS report, which was accepted by the Vietnamese Government,
“proposes that Vietnam suspends
intercountry adoptions for the
necessary period during the year 2010 that will enable it to ensure
optimal
implementation of the Hague Convention and to prepare for the
entry into force of the new law on adoption
in 2011”. The Report
also raises serious questions regarding adoption practices in Vietnam,
including as follows:
(a) inter-country
adoptions from Vietnam are essentially influenced by foreign demand,
i.e. the availability of children who are “adoptable” abroad
corresponds more to the existence of foreign prospective adopters than
to the actual needs of “abandoned” and orphaned children;
(b) the
circumstances under which babies become “adoptable” are invariably
unclear and disturbing;
(c) the
inter-country adoption system is grounded in a remarkably
unhealthy relationship between the mediating agencies and specific
residential facilities; and
(d) Governments
and central authorities of “receiving countries” collectively at
least, and individually in many
instances have not effectively committed
themselves to applying the basic principles of the Hague Convention or
the recommendations of the treaty’s practical operation, in their
dealings with Vietnam.
Speaking
this afternoon, the Minister for Children and Youth Affairs, Barry
Andrews, T.D. said, “I am acutely aware of the disappointment that
will be felt as a result of this announcement. Most prospective
adoptive parents that I have met in recent weeks have above all else
asked for certainty and an end to the speculation about the
Government’s intentions. Though this is not the news many were
hoping for, it will allow prospective adoptive parents to make future
choices based on the fact that intercountry adoption with Vietnam will
be suspended until Hague ratification is completed in both countries.”
The
Minister added, “I am fully convinced of the Vietnamese Government’s
commitment to improving child protection services. They are well
advanced in putting in place the legislative framework that supports
safe and secure domestic and intercountry adoption. Child
protection practice is improving. However, the latest expert
opinion points to worrying practices today. Of greatest concern is
the question of whether the child is “adoptable”. The issues
of consent and the exchange of fees are critical in the adoption
process. These two fundamental features of adoption law must be
addressed prior to any bilateral agreement. I am confident that in
the near future Vietnam will ratify the Hague Convention and at that
time, I would hope and expect adoptions to resume.”
This
decision comes at the end of a very difficult process for prospective
parents. The path to intercountry adoption is difficult and made
more so in Ireland by the excessive waiting times. I have pointed
to provisions in the new Adoption Bill that will, I hope, provide
potential to reduce the waiting lists by creating a new assessment
process. The nature of intercountry adoption is that countries
“open” and “close”. Both receiving and sending countries
will at times suspend intercountry adoption arrangements. It is
very possible that by the time the person wishing to adopt from a
certain country of origin gets a Declaration of Eligibility and
Suitability that their designated country may have closed and they are
then forced to look at other sending countries.”
“When
any Government enters into a bilateral international adoption agreement,
there is an expectation that the Government has satisfied itself that
current policies and practice in the country of origin are robust.
A level of security and comfort is derived from the fact that a
Government has signed up to such an agreement. While accepting
that an element of risk always attaches to intercountry adoption, the
standard required to allow a Government enter into a bilateral agreement
is high. At this moment, there is sufficient evidence to caution
against entering into such an agreement with Vietnam,” said the
Minister.
The
Government has committed to providing technical assistance to the
Vietnamese authorities in the area of child welfareand protection to
help prepare the way for ratification of the Hague Convention should the
Vietnamese wish to avail of such an offer.
The
Minister stated, “I am very conscious that people will be left asking
where they should now turn in order to effect an adoption. I have
asked the Adoption Board to identify Hague countries that would be
willing to enter into administrative arrangements with Ireland, which
would facilitate intercountry adoption. I understand that the Adoption
Board has made contact with a number of jurisdictions in the hope of
establishing new arrangements to facilitate intercountry adoption.
Furthermore,
having met with the Adoption Board to discuss future arrangements for
persons with Declarations of Eligibility and Suitability for Vietnam,
the Board has agreed the following arrangements:
• all
couples/individuals currently with a declaration of eligibility and
suitability for Vietnam may select a new country to adopt from, subject
to submitting the usual change of country report to the Adoption Board,
but may also retain their current place on the HHAMA list for Vietnam,
which is being maintained;
• in the event of Vietnam reopening, those on the Vietnamese
waiting list, whose declarations have not been used in the meantime to
effect an adoption in another country, will be in a position to proceed
without delay and having regard to their position on the Vietnam list.
• all couples/individuals currently with a Declaration of
Eligibility and Suitability for Vietnam but who have sought to change in
recent months will be in a position to avail of the foregoing
arrangements.
Couples/individuals
wishing to change their country of origin are advised to contact their
local social worker who will facilitate the change. The HSE has
indicated that the process will not involve the need to revert to the
Local Adoption Committee.
“I
am confident that Vietnam will ratify the Hague Convention in the near
future. It is significant that the Hague Conference has identified
Vietnam for priority assistance this year. In this regard, I hope
and expect that Vietnam will reopen for intercountry adoption with
Ireland in the not too distant future,” said the Minister.
The
Minister concluded by saying, “I am very conscious of the position of
the children who have been adopted into this country from Vietnam in
recent years. We all have a responsibility to these children and
the status of their adoptions is not in question. These adoptions
have gone through a lengthy legal process and have been entered into the
Register of Foreign Adoptions. Any discussion on today’s
announcement should take this into account.”
ENDS
State decision suspends
adoptions from Vietnam
http://www.irishtimes.com/newspaper/ireland/2010/0115/1224262377981.html
CAROL
COULTER Legal Affairs Editor
Fri,
Jan 15, 2010
THE
GOVERNMENT has decided to suspend intercountry adoptions from Vietnam
until both Ireland and Vietnam have ratified the provisions of the Hague
Convention on Intercountry Adoption.
Minister
of State for Children Barry Andrews announced last night the Government
had decided to suspend indefinitely negotiations on a new bilateral
intercountry adoption agreement with Vietnam, with the effect of
suspending adoptions.
He
said the decision was taken in response to the “serious findings and
recommendations” contained in the report on intercountry adoption
commissioned by Unicef and the Vietnamese ministry of justice and
carried out by International Social Services (ISS). Among the issues
raised were: the conclusion that intercountry adoptions from Vietnam
were essentially influenced by foreign demand rather than the needs of
“abandoned” and orphaned children; the circumstances under which
babies become “adoptable” were invariably unclear and disturbing;
and the intercountry adoption system was grounded in a “remarkably
unhealthy relationship between the mediating agencies and specific
residential facilities”.
“I
am acutely aware of the disappointment that will be felt as a result of
this announcement,” Mr Andrews said. He said most prospective adoptive
parents had asked for certainty above all else, and though this was not
the news they were hoping for, it would help them make future choices.
He
said he had asked the Adoption Board to identify Hague countries willing
to enter into administrative arrangements with Ireland to facilitate
intercountry adoption.
Other
interim arrangements include permitting people with a declaration of
eligibility for Vietnam to select a new country, while maintaining their
place on the list for Vietnam, pending the ratification of Hague.
The
Government had also committed to providing technical assistance to the
Vietnamese authorities in the area of child welfare and protection to
help prepare the way for ratification of the Hague Convention should the
Vietnamese wish to avail it, he said.
The
Helping Hands Adoption Mediation Agency, which specialises in adoptions
from Vietnam, expressed its regret at the decision, and also stated that
attempts to meet Mr Andrews to discuss the situation had been refused.
Helping
Hands chief executive Sharon O’Driscoll said it had worked tirelessly
with both Irish families adopting from Vietnam, and those on the ground
in Vietnam. “Since our formation and presentation of credentials to
the Irish Government in 2006, we have ontinually pointed out to the
Irish Government our concerns with the process and what points needed to
be addressed in order to improve standards,” she said.
“Helping
Hands would strongly recommend that the Irish Government engage with the
rest of the international community to help in improving adoption
conditions in Vietnam as the door has now simply been slammed in the
face of helpless young Vietnamese children who are in need of loving and
caring families.
“The
Government has also managed to alienate the dozens of Irish families who
are currently in the process of adopting Vietnamese children, many of
whom have patiently waited years to do so.”
Shane
Downer, chief executive of the International Adoption Association,
expressed deep disappointment with the Minister’s decision and said
the report was based on “flawed, fragile and incomplete analysis”:
“The report itself is based on a nine-day trip to Vietnam, which only
included visits to two of the 58 Vietnamese provinces. Neither of the
provinces visited by the ISS team are provinces from which Irish
applicants currently adopt.”
Anger as Government bans
Vietnam adoptions
http://www.irishexaminer.com/ireland/kfausnqlojkf/rss2/
By
Fiachra O Cionnaith
Friday,
January 15, 2010
THE
Government has "slammed the door in the face" of young couples
attempting to adopt by suspending services from Vietnam.
Reacting
to Minister for Children Barry Andrews’s decision to prevent adoptions
from the Asian country, Irish group Helping Hands claimed the move would
destroy countless people’s hopes to start a family.
"We would strongly recommend that the Irish Government engage with
the rest of the international community to help in improving adoption
conditions in Vietnam.
"Currently the door has simply been slammed in the face of helpless
young Vietnamese children who are in need of loving and caring
families," warned the group’s chief executive, Sharon O Driscoll.
"Our numerous requests to meet with government leaders to discuss
the situation, particularly Minister for Children Barry Andrews, have
been mystifyingly dodged or refused," she added.
The comment came after the Mr Andrews moved to temporarily ban all
adoptions from Vietnam until a full review is carried out.
In November, Helping Hands denied reports it was under investigation by
the Adoption Board over fees it charged people to adopt from Vietnam.
It followed a Unicef’s International Social Services report, which was
critical of the make-up of the agency’s fee of $11,100 (€7,286), of
which $9,000 consists of "humanitarian aid".
This
story appeared in the printed version of the Irish Examiner Friday,
January 15, 2010
Hundreds of parents in
limbo on adoptions
http://www.independent.ie/national-news/hundreds-of-parents-in-limbo-on-adoptions-2014999.html
By
Dearbhail McDonald, Legal Editor
Friday January 15 2010
HUNDREDS
of parents were last night thrown into legal limbo as the Government
announced that it will not renew negotiations for a bi-lateral adoption
agreement with Vietnam.
The
cabinet decision to suspend adoptions indefinitely followed two
disturbing reports surrounding the adoption of abandoned and orphaned
babies from the south-east Asian country.
The
decision, reached at a cabinet meeting on Wednesday, will provide
clarity to some parents who have been waiting for months to see if the
Irish Government would renew its agreement.
But
it provides a dilemma for thousands of parents seeking to adopt babies
from abroad as six out of 10 babies adopted from foreign countries are
sourced in Vietnam.
In
recent months, Children's Minister Barry Andrews received two
significant reports regarding child welfare, protection and adoption in
Vietnam that led his department to suspend adoption negotiations between
the two nations.
Last
night Mr Andrews said that he was "acutely aware of the
disappointment that will be felt".
"Most
prospective adoptive parents that I have met in recent weeks have above
all else asked for certainty and an end to the speculation about the
Government's intentions," he said.
"Inter-country
adoption with Vietnam will be suspended until Hague ratification is
completed in both countries."
The
Irish Independent has also learned that the Government was unlikely to
support or sanction the adoption of 20 babies whose prospective Irish
parents were already at an advanced stage of the process.
These
are a small cohort of adoptions that the Vietnamese authorities had
agreed could go ahead despite the lapsing last May of a bilateral
agreement on adoption between the two countries.
Fine
Gael has asked the Government to introduce an interim adoption agreement
to allow couples already cleared for the process to adopt Vietnamese
children.
Compatible
Irish
parents can apply to adopt from 85 countries whose laws are compatible
with Irish laws.
Apart
from Vietnam, the biggest source countries to Ireland are Russia,
Ethiopia and China. Some 400 inter-country adoptions take place each
year.
Vietnam
is expected to ratify the Hague Convention, the main international
statute governing international adoptions, next year.
Ireland
signed the Hague Convention in 1993 and is expected to ratify it next
March.
Sharon
O'Driscoll, chief executive of Helping Hands -- which had been
criticised by a United Nations-commissioned report -- said the mediation
agency was at "an utter loss" as it had worked tirelessly with
Irish families adopting from Vietnam, as well as those
"on-the-ground" in Vietnam.
"We
have continually pointed out to the Irish government our concerns with
the process and what points needed to be addressed in order to improve
standards," she said.
-
Dearbhail McDonald, Legal Editor
Adopted – but we didn't
know
How
does it feel to discover as an adult that you were adopted as a baby? We
talk to four people who came to terms with finding out later in life
Kate
Hilpern
The
Guardian, Saturday 2 January 2010
http://www.guardian.co.uk/lifeandstyle/2010/jan/02/adoption-children-family
Hilary
Moon, 60, was 48 when she discovered that she was adopted. She is
divorced.
"I
was at my uncle's funeral when my cousin's husband wandered up to me and
said, 'I've been wanting to meet you, because we're both adopted.' It
was a huge shock – how could it not be? On the other hand, I had an
instant explanation as to why I'd always felt like a square peg in a
round hole when it came to my family.
"I
once said to my mother, 'I've always felt like I was found on a
doorstep.' She got terribly upset, and I later learned that was the
point at which she confided in my cousin's husband. She chose him
because he's a vicar. She assumed he'd keep it to himself.
"My
mother had died by the time I found out the truth, but my father hadn't,
so I asked him about it. He was an unpleasant man and simply said,
'Well, nobody else would have you.' I threw a cup of tea at him, said
that at least it meant I wasn't related to him and we never spoke again.
"Was
I angry? Of course I was. I had been advised not to have children
because my mother and brother had both had severe diabetes and had gone
blind and died early. To learn I wasn't blood-related to them means I
made an enormous decision based on fiction.
"I've
mellowed now. My mother had such a bum deal in life – a husband that
had affairs and a son who died young – that it's hard to feel anger
towards her. She and I got on well, and I'm thankful for that. And
although I still have negative feelings towards my father, who is now
dead, I think that's probably more to do with how he treated my mother.
"About
eight years ago, my biological sister sought me out. She put me in touch
with my birth mother, to whom I look incredibly similar. I've met others
in the extended family, too, and I even changed my full name to what it
was before the adoption. With all my adoptive family dead, and a large
birth family still alive, it just made sense to me. But, actually,
they're a funny lot and I can't say I feel any great bond with them.
"The
whole situation has left me feeling neither part of my adoptive nor my
biological family, and the lack of a sense of belonging in either can
make me feel lonely if I let it. When people ask me who is my next of
kin, I say, 'I haven't got one', because that's how it feels."
Mandy
Sullivan, 52, is divorced with three grown-up children. She found out
she was adopted when she was 36.
"I've
never had a good relationship with my mum. She had a baby that died at a
week old and from very young I realised I could never replace that baby.
But one day, when I was 36, something else came to light that further
explained things – I wasn't even hers.
"I
found out by chance. I became a mature student and the university
administration office requested my birth certificate. I'd never seen it
and my mum kept saying she couldn't find it. In the end, she gave me a
piece of paper that I duly showed the university office. The
administrator looked at me and said, 'This isn't your birth
certificate.' She must have registered that I didn't understand and
explained, 'I'm sorry to tell you this, but it's your adoption
certificate.'
"I
felt sick. My whole life had been a lie. It was horrendous and not
helped by the fact that I was right in the middle of a bad divorce and
my house was being repossessed. I didn't do anything about it for three
or four years. I thought about it constantly but I felt I had to
prioritise finding a job, moving house and settling my three daughters.
"Eventually,
I wrote my mum a letter. I thought, I can't just ring her up and blurt
it out because she'd get defensive. She got defensive anyway. In a
short, sharp tone, she said my dad didn't want me to know because he was
afraid of me feeling rejected and different. I believe her – my dad
and I were very close until he died when I was 25. But I don't accept
that it was all him. It must have been a joint decision. She said she
planned to write it in a letter that I'd get after she died, but what a
cop out.
"Our
relationship has continued to go downhill since that letter. The main
thing she seemed concerned about was that her relationship with my
daughters didn't suffer. A few years ago, when she had a massive stroke,
I felt we might be getting a bit closer, but as soon as she was on the
mend the old barriers went up. These days she doesn't want much to do
with me.
"About
10 years ago, I decided to apply for my adoption file. It's funny –
despite always feeling different to my adoptive family (I'm tall,
they're not. I'm a bookworm, they don't read books at all), I remember
still thinking the social worker might come in and say it was all a big
mistake – that I wasn't adopted at all. But, of course, she didn't.
"I
didn't discover much more than what my mother had divulged, however –
that my adoptive father had been in the pub having a drink with a
friend, who said that his sister-in-law couldn't cope with her baby.
Apparently, my dad came home and asked my mum, 'Why don't we adopt her?'
"I've
never looked for my birth mother. I don't think I could cope with
another mum rejecting me. But I'm in quite poor health andincreasingly
worried that it's hereditary, so I think I might get in touch just to
find out my medical history.
"Every
area of my life has been affected by what I found out. I have great
problems trusting people – both men and friends – and once I do
trust someone, I seem to find it really hard to say goodbye, even if the
relationship is really rubbish. On a positive note, I'm closer than ever
to my daughters – they're the only blood relations I know."
Chris
Lines, 63, is married with three grown-up children and one
granddaughter. He found out that he was adopted three years ago.
"My
wife and I were in a local garden centre when I spotted the daughter of
my mum's next-door neighbour. She was with a little girl, who she
introduced as one of her three grandchildren. The other two, she
explained, were adopted from Vietnam. She turned to the girl and said,
'This man was adopted too, you know.'
My
wife and I looked around to see who she was talking about. She felt
awful – she thought I knew. It turned out she still remembered going
in the taxi with her mum and my mum to pick up a five-month-old baby –
me – from the Salvation Army all those years ago.
"The
way I deal with most problems is to deny their existence. I didn't want
to think about it, but my wife prompted me to check the official birth
records in Liverpool and, sure enough, my name wasn't there.
"With
both my parents dead, I approached two elderly aunts. They knew all
about the adoption, and even told me my original name – Dennis Kelly.
The moment I heard that name was when it really hit me. My legs gave
way. I felt I'd lived for 61 years as one person, but really I was
another.
"It
turned out everyone in my adoptive family knew. I'm still amazed nobody
told me because it's a huge and close family. They've all since said
they thought I'd been told. My mother had an ectopic pregnancy and was
advised not to get pregnant again, so she doted on me as her only child.
I think they felt that if I discovered I was adopted, I might look for
my real parents and they'd have to share me or even lose me.
"I
did decide to look for my biological parents. It struck me that the only
blood relations I knew were my own children. Even though I used the
charity After Adoption, it was a long search because when we found out
that I was born in a home for "wayward mothers", we assumed my
mother had been young. Then we discovered she'd been 39.
"I
was sad to learn that she had died, but I did find a cousin who agreed
to meet me. When he produced a box with four or five photos of my
mother, I was speechless. There she was, smiling and laughing. She
really did exist. Another relative I later found, remembered her as
larger than life and always smiling. I liked hearing that.
"It
might sound funny, but a big relief to me was that I had been born in
Liverpool and that I have Irish blood in me – both things I'd been brought up to believe and am fiercely proud of. What isn't true,
however, are all the little genetic links I'd always taken for granted
– my youngest daughter having my aunt's eyes; my eldest daughter
having her grandmother's legs.
"I
think I'd rather not know I'm adopted, but it has helped explain some
things – for example, why I sometimes felt as a child that I wasn't
quite the same as the other children in the family. Also, one of my
aunts told me that when my parents got me I didn't make any noise,
presumably because, for the first five months of my life, nobody had
come when I cried. I wonder if that's why I've always been quite
introverted."
Peter
Clark, 61, was 39 when he found out he was adopted. He is married and
has four sons and five grandchildren.
"The
thing I remember most about the day I found out that my mother didn't
give birth to me, was this feeling of standing with my back to the edge
of a cliff because everything behind me – everything I'd known to be
true – felt as if it was a lie and I literally didn't know who I was.
"It
even made me question the right to have my father's war medals. As the
eldest of five children, I'd been in possession of them. I took them out
of the drawer by my bed that night and felt it was wrong for me to have
them, because he wasn't my real dad.
"I
don't think my parents ever intended to tell me. My mother says it's
because I was a sensitive child and they didn't want to upset me. When I
asked her why she still didn't tell me in adulthood, she said she gave
my father, who had died when I was 21, a deathbed promise to keep the
secret. I think the real reason was a fear that I would abandon her in
favour of my birth family. Even when my mother did finally tell me I was
adopted, the first thing she asked me was never to make contact with my
birth mother.
"She
finally told me just before I went on an overseas business trip. There
were some complications over my visa and passport, which prompted
questions around my birth certificate and the identity of my parents. It
must have made my mum panic.
"I
was gobsmacked because I'd never had any inkling. It's not as if
adoption is taboo in our family. One of my brothers adopted four
children and my wife's brother adopted three. I felt very angry with her
about the web of deception for a long time and although I've worked
through that now, I still hold a strong belief that people have a
fundamental right to know about their origins.
"I
realised I needed to know my roots. It wasn't easy – the search for my
birth mother took six years. I had an unconscious fear of rejection, so
I'd make some progress in finding her, then take a step back. She was
also hard to find. Even with the help of an adoption charity, it took a
couple of hundred phone calls and many letters to find her.
"My
first meeting with Agnes, when I eventually found her living in the
United States, went wonderfully, and although she never acknowledged who
I was to her friends and family – which I found hard – we continued
a warm relationship until she died in 1996. About two years later, I
plucked up the courage to search for other members of my birth family
and I'm now in contact with my cousins, aunts and uncles too –
although, sadly, I was never able to get any information about my
father.
"It's
good to know where I came from, although I have no regrets about being
adopted and my adoptive family feels no less my family than before.
Three of my siblings say it doesn't make them feel any differently
towards me.
"Sadly,
one of my brothers – who, I learned last year, was the only one who
knew before me that I was adopted – doesn't feel like this. But we
have a difficult relationship for other reasons. One of my other
brothers recently had my father's watch repaired and said he felt I
should have it. Given how I'd felt about the war medals, it was a
significant gesture."
Some
names have been changed
Child's
Death Causes Portland to Review Foreign Adoption Rules
Many
people look to adoptions out of state, where other families seek to
regain custody of children in the United States. But when a child is
killed or abused, this brings new concerns about placement of children
where communication is poor.
In
2005 a child was killed in Mexico after being sent there where her aunt
and uncle, selected by Oregon authorities, were given custody. Instead
the child was abused for months, then murdered in June of 2005. This
happened even as teachers of the child, named Adriana, reportedly were
calling social workers but couldn't get them to act. The social workers
had been relying on updates about the child's progress from telephone
calls with Mexican authorities and the aunt and uncle who were found to
be the abusers who killed the Adriana.
This
incident caused Oregon to take a second look at the way foreign
adoptions are done. A moratorium earlier in the year has just been
lifted even as new rules are being implemented to assure the safety of
foster children, according to a report in the Portland Oregonian on New
Year's Eve.
Oregon
is not alone in worrying about foreign adoptions and the time and
distance as a problem that interferes with good communication and
follow-up. Foreign adoptions of Russian children have been popular for a
number of years, but these slowed down because of poor communication and
issues with licensing of various agencies even as there were reports of
adopted children who were abused or killed.
Since
1990, when Russian adoptions were made open to foreigners, 13 children
have been murdered, 12 of those have been within the United States. This
has caused the Russian Education Ministry, which oversees the adoption
of Russian children by foreigners, to be increasingly careful in
scrutinizing foreign adoptions.
In
2003 USA Today had a report on the status of foreign adoptions reviewing
some of the problems involved. Some of the problems include babies that
have been stolen from natural parents then sold to adopting ones, long
delays in procedures and bureaucratic snafus of various kinds.
Even
as Oregon is tightening the rules on foreign adoptions, recognizing
there are children taken from the United States abroad and children
brought into the state, all of whom need to be supervised, foreign
adoption by Americans is reported to be at its lowest level since 1996
according to a recent article in the Philadelphia Inquirer.
This
is said to discourage adoption advocates who recognize folks continue to
be interested in foreign adoptions. The problem, the report goes on to
say, appears to be corruption and neglect in some of the host countries
where children are waiting.
Neglected
children without families continue to wait for someone to provide them a
home, even as the complications continue from incidences of abuse,
neglect and death that produce increasing bureaucracy. In the meantime
Oregon is putting together new rules and procedures to protect children
in what authorities declare they hope will be a fair and reasonable way.
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