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Ethica's statement regarding Foreign Adopted Children Equality Act

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Foreign Adopted Children Equality Act (FACE Act) introduced in the Senate as S. 1359 (Senators Landrieu and Inhofe) and in the House as H.R. 3110 (Rep. Watson and Boozman): A bill to provide United States citizenship for children adopted from outside the United States, and for other purposes.

Ethica opposes passage of the FACE Act. Ethica believes the FACE Act, if passed, would harm adopted persons and their birth- and adoptive families in a number of ways, including:

  • The bill is intended to eliminate the U.S. immigrant visa process, which means it eliminates the safeguards put in place to help ensure that children placed for adoption are legally in need of homes abroad
  • By conferring citizenship retroactive to birth, Ethica believes the bill creates a legal fiction and diminishes adoptees’ birth history
  • While eliminating the visa process may save adopting families a small amount of money toward the large costs of adopting, there is no guarantee that the Department of State will not charge similar or even higher fees for services it will provide under this bill.
  • The bill may create additional hurdles and costs for adopted persons in the future as they attempt to claim benefits and privileges they are otherwise entitled to in their countries of birth
  • Eligibility for adoption of a particular child is generally determined by the “competent authority” of the child’s country of origin. The bill does not address eligibility for adoption in countries that have not designated a competent authority
  • The suitability of the adopting parent is based on the person’s ability to support the child and appropriate criminal background checks. The bill does not address existing federal requirements for homestudies of prospective adopting parents.
  • Enacting this bill may stall adoptions in process: It is unclear how this bill will affect provisions of the Intercountry Adoption Act (which implemented the Hague Convention). Instead of speeding up processing by bypassing the visa system, confusion in interpretation and the development of new processing procedures, particularly for Hague countries, will likely create delays for adopting families and children.

Ethica believes that adoptees and other immigrants should be able to become President, but pursuing the right to presidency should be done in a way that does not erase personal histories.

Ethica also wholeheartedly agrees that citizenship procedures should be improved for adoptees, and believes that adoptees not covered under the Child Citizenship Act (including adopted persons who have been deported) should be conferred U.S. citizenship. However, this bill goes far beyond these measures and has the potential to hurt more than help.

This bill is being considered in two committees in the House of Representatives and one committee in the U.S. Senate:

In the House:

House Committee on Foreign Affairs:

Phone: (202) 225-5021

Email: http://foreignaffairs.house.gov/contact.asp

Members on the Committee who are also available to hear your opinions:

http://foreignaffairs.house.gov/members.asp

House Judiciary Committee:

Phone: 202-225-3951

Find members of the committee who would be happy to hear your opinions:

http://judiciary.house.gov/about/members.html

In the Senate:

Senate Judiciary Committee:

Phone: 202-224-7703 (Democrats) or 202-224-5225 (Republicans)

To find members of the committee who would be happy to hear your opinion:

http://judiciary.senate.gov/about/members.cfm

2009 Jul 8