Update on Bolivia – June–July 2008
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In June–July 2008, a delegation from the Attorney-General's Department (AGD) visited Bolivia to discuss the operation of the Bolivia–Australia intercountry adoption program and review its ongoing viability for the future. The delegation visited Cochabamba, La Paz and Santa Cruz to meet with the Ministry of Justice (the responsible authority for intercountry adoption), various judicial officials, other countries' Embassies and accredited agencies, and orphanages (with approval from relevant authorities). The delegation also conducted a number of meetings with Ms Norma Altuzarra, the Bolivian representative for the NSW Central Authority, and Dr Gustavo Camacho, the lawyer appointed to represent Australian families throughout the court process.
The visit enabled AGD to seek information about the Bolivian Government's current approach to intercountry adoption, their management of the adoption process and the need for permanent placement options for children. The Ministry's response to these issues was to indicate that a new policy on intercountry adoption would soon be released. The Ministry was not able to provide further detail about the policy prior to its release. AGD understands that an announcement has now been made and is awaiting official confirmation about its content.
During meetings with other officials, the delegation was informed that the firm view of the current government—as the first Indigenous government in Bolivia—is that local communities should be able to care for Bolivian children whose birth families are unable to care for them.
The delegation was advised that substantial delays are occurring across most aspects of the intercountry adoption process, including the administrative and judicial procedures. The delays range from the approval of prospective adoptive parents as suitable to adopt in Bolivia through to the approval of an allocation of a child to a particular family. A number of orphanages also informed the delegation of their experiences with delays, particularly relating to obtaining the decision that a child is legally adoptable. More generally, orphanage staff noted that they have observed a significant decrease in the number of adoptions taking place for children within their orphanages. They also noted that those adoptions being processed are also taking longer than in previous years. Some regional differences were observed by the delegation.
The delegation was impressed with the level of care provided to children (ranging from newborn infants to six years of age) in orphanages, despite limited resources. The delegation also noted that a proportion of the children residing in orphanages had families who visited the children on a regular basis and, as such, are not in need of a permanent placement. Orphanages informed us that the most common reasons for children entering orphanages were either poverty or a family history of drug or alcohol abuse.
The Ministry indicated to the delegation that it would be willing to consider the possibility of a new agreement that would enable prospective adoptive applicants from other Australian States and Territories to apply to the program (noting, however, that the delegation has been informed of the government's view that local communities should be able to care for their children). Any discussions about a possible new agreement will be subject to the detail of the Ministry's new policy and a review of this program against the principles of the Intercountry Adoption Strategic Plan 2008.
AGD will continue to work in cooperation with the NSW Central Authority and their representative in Bolivia to address a range of issues that were identified during the delegation visit. AGD will undertake further consultations to determine the most appropriate action in this regard.
AGD wishes to emphasise that intercountry adoption is currently operating in a climate of uncertainty in Bolivia. This means that it is not possible to provide information on some elements of the intercountry adoption process, including current and future estimated timeframes for placement of a child. Further updates will be placed on this website when available.
The visit enabled AGD to seek information about the Bolivian Government's current approach to intercountry adoption, their management of the adoption process and the need for permanent placement options for children. The Ministry's response to these issues was to indicate that a new policy on intercountry adoption would soon be released. The Ministry was not able to provide further detail about the policy prior to its release. AGD understands that an announcement has now been made and is awaiting official confirmation about its content.
During meetings with other officials, the delegation was informed that the firm view of the current government—as the first Indigenous government in Bolivia—is that local communities should be able to care for Bolivian children whose birth families are unable to care for them.
The delegation was advised that substantial delays are occurring across most aspects of the intercountry adoption process, including the administrative and judicial procedures. The delays range from the approval of prospective adoptive parents as suitable to adopt in Bolivia through to the approval of an allocation of a child to a particular family. A number of orphanages also informed the delegation of their experiences with delays, particularly relating to obtaining the decision that a child is legally adoptable. More generally, orphanage staff noted that they have observed a significant decrease in the number of adoptions taking place for children within their orphanages. They also noted that those adoptions being processed are also taking longer than in previous years. Some regional differences were observed by the delegation.
The delegation was impressed with the level of care provided to children (ranging from newborn infants to six years of age) in orphanages, despite limited resources. The delegation also noted that a proportion of the children residing in orphanages had families who visited the children on a regular basis and, as such, are not in need of a permanent placement. Orphanages informed us that the most common reasons for children entering orphanages were either poverty or a family history of drug or alcohol abuse.
The Ministry indicated to the delegation that it would be willing to consider the possibility of a new agreement that would enable prospective adoptive applicants from other Australian States and Territories to apply to the program (noting, however, that the delegation has been informed of the government's view that local communities should be able to care for their children). Any discussions about a possible new agreement will be subject to the detail of the Ministry's new policy and a review of this program against the principles of the Intercountry Adoption Strategic Plan 2008.
AGD will continue to work in cooperation with the NSW Central Authority and their representative in Bolivia to address a range of issues that were identified during the delegation visit. AGD will undertake further consultations to determine the most appropriate action in this regard.
AGD wishes to emphasise that intercountry adoption is currently operating in a climate of uncertainty in Bolivia. This means that it is not possible to provide information on some elements of the intercountry adoption process, including current and future estimated timeframes for placement of a child. Further updates will be placed on this website when available.
2008 Jul