Illegal Adoption now legalised by Dutch Ministry ?
The Dutch minister of Justice Mr. E.M.H. Hirsch Ballin explains in a letter to the House of Representatives how and why the decision was made regarding the airlift of Haitian children for adoption to the Netherlands.
In this letter he divides the 109 Haitian children into three groups. The first group (56) of them which the Haitian court in Haiti finalised the procedure for adoption and the Dutch Central Authorities gave consent for the adoptions. Only they where waiting for visa to get out of Haiti.
The second group (44) are the children whereof the procedure from the Dutch side was finalised but the Haitian authorities did not agreed upon yet. Nor the ministries of internal and foreign affairs of Haiti. Factly the Dutch government accept these adoptions on Humanitarian grounds. But legally these adoption are illegal (because there is no parental authority given) but overruled by the concept of the Humanitarian Aid. A statement which is incorrect while adoptions was never meant as an act of Humanitarian Aid but as a last resort for children without parents and family.
For the third group (9) the children were not matched yet with Dutch prospective adopters but the minister said that these children were selected and agreed upon by Haitian authorities for the Netherlands but not finished within the legal framework of Haiti nor the protocol within the ministries at Haiti. The Dutch council for youth protection therefore will advise the Dutch court to put the children under temporary custody of Nidos, a foundation for youth protection for refugees. This means that the adoption agency NAS probably wont get the children as fixed adoptees directly for their clients as they hoped for but in the construction of temporary 'custodians' under supervision of foundation Nidos.
The Minister also admits that these adoptions will be accompanied with uncertainty and risks. But finds it agreeable due to the situation in Haiti. He also states in his letter that the consent of the Haitian Authorities was explicitly the basis of his decision.
International Hague Adoption Convention
While Haiti is not a member of the Hague Adoption Convention the minister states also that in the case of the Haitian adoptions he will follow the 'principles' of the convention.
The minister continues by saying that his decision is also made on the information provided by involved adoption agencies but numbers of children can differ due to the uncertain situation and possible missing children.
Dutch Ministry of Justice supports 'Babylift' Haiti for Luxembourg
On request by his colleague from Luxembourg miss Marie Josee Jacobs he agreed upon fourteen Haitian children to be flown for Luxembourg. The argument for this consent is given based on the comparison of these Haitian children destined for Luxembourg as the group 1 and 2 as stated above.
brief MvJ adopties Haïti.doc (143360 Bytes)