Coordinator of Associations for the Defense of Adoption

Coordinator of Associations for the Defense of the Adoption and Foster Page 1 of 6
____________________________________________________________________________________________________
Contact in Madrid: ATLAS, DAGA, SEDA
Tel: 91.888.43.80 - 91.328.02.40
Fax: 91.683.90.15
e-mail: atlas@aloja.com
CORA. Associations delegates in Madrid:
ATLAS - DAGA - SEDA
C / Magdalena 6
28,902 Getafe. Madrid. Spain
Madrid, on October 23, 2001
Hon. Sr. President of Government D. José María Aznar López
The Moncloa Complex
28071 Madrid
Cc: Mr. Exmo. Foreign Minister D. Josep Pique
Plaza de la Provincia 1
28071 Madrid
Cc: Mr. Exmo. Minister of Labor and Social Affairs D. Juan Carlos Aparicio
C / Agustin de Bethencourt 4
28071 Madrid
Cc: Exmo. Sr. D. Jose Maria Gil-Robles Gil-Delgado. European Parliament
Rue Wiertz
PHS 08B043
B-1047 BRUSSELS
Hon. Sr. D. José María Aznar,
Families hereby requesting his intervention before the serious problem
are living since he volunteered to adopt a child in Romania. Under the
gravity of the situation that we reported in detail below, and before
the lack of solutions provided so far by the institutions necessary, please
intervene in favor of these families and for children like best interests.
Coordinator of Associations for the Defense of the Adoption and Foster Page 2 of 6
____________________________________________________________________________________________________
Contact in Madrid: ATLAS, DAGA, SEDA
Tel: 91.888.43.80 - 91.328.02.40
Fax: 91.683.90.15
e-mail: atlas@aloja.com
BACKGROUND
A large number of Spanish families (1,200 households throughout Spain), we have resorted
to the option of adopting a child who is in a state of helplessness.
By way of domestic adoption, we can not achieve, because although there are
institutionalized children for long periods of time, they are not susceptible
adoption because the family still own parental rights
indefinitely, attacking in this way to the right of the child to be cared for in a
family.
Faced with this situation, and advice received from the Authorities
Spanish jurisdiction in the matter, we entrust to the ECAI (Entities
Collaborating on Intercountry Adoption) who manage the files of adoption
international with Romania, a country which requires the adoption is processed through
Accredited. It is here where these 1,200 families, always with good faith and
respect for laws concerning the protection and welfare of children at the national level
and international, started the "ordeal" of seeking an adopted child.
The international adoption process begins, as provided for in the Convention
Hague relative to the Protection of Children and Cooperation in the field of adoption
international, in chap. IV on the "Terms of proceeding against
international adoptions "(Ratified by Spain in the year 1995 and in Romania
1994 years) as an Art. 5th sect. II that "Adoptions considered by the
agreement can only take place when the relevant State authorities
Receiver:
a) They have found that prospective adoptive parents are suitable and fit for
take.
b) have been assured that prospective adoptive parents have been conveniently
advised.
c) They have found that the child has been or will be authorized to enter and reside
permanently in that state. "
HIGH IN ASSIGNMENTS
The 1,200 Spanish families who subscribe to that letter, after all
regulatory pipeline, we are included in a list in chronological order of date of
application pending before us to give our son.
Well, in December 2000 general elections take place in Romania and
enter a new government does not respect the situation before the suspended
allowances for children. The Ecais reported that the Romanian Committee for
Coordinator of Associations for the Defense of the Adoption and Foster Page 3 of 6
____________________________________________________________________________________________________
Contact in Madrid: ATLAS, DAGA, SEDA
Tel: 91.888.43.80 - 91.328.02.40
Fax: 91.683.90.15
e-mail: atlas@aloja.com
Adoptions was in process of restructuring and adjustment to the laws of the
various European states, because it is one of the Eastern European countries that have applied for
integration into the EEC. It was expected that in March 2001, was completed
reform and further allocations, as reported by the Partnership.
On the other hand, Baroness Nicholson, made a report on adoption in Romania
for the European Parliament on Romania's accession to the European Union, in the
conducting trials of high concern on the adoption of minors.
The Ecais receive information and, thereby transmitting on the aspiration of Romania
develop a new methodology for developing allocations for that purpose a new
regulation which is believed not be delayed too. Although our
consular representatives in March indicate that adoptions continue
develop normally, it detects that all Ecais are waiting for the
information officers arriving in Romania and, failing that, of the information
Foundations of the Romanian.
In this interval the autonomous communities were still giving Certificates
Suitability for Romania and delivering documents (Suitability, Compromise
Psychosocial Monitoring and Reporting.) For processing by the Ecais. The Institute
Madrid Juvenile and Family delivers these documents until the day of April 19
2001. The autonomous regions, from the day on May 10 did not refer more
records to Ecais for processing.
On April 6 the Romanian Committee for Adoptions (CRA) resolves to suspend
allocations of Romanian children for international adoption tentatively.
Transmitting information to the Autonomous Communities, the Ministry of Labor and
Social Affairs in briefing notes dated April 19 and May 4, indicating
that allocations will resume after the approval of the reform of the existing system.
One thousand two hundred Spanish families are blocked without having the necessary
information to make appropriate decisions that affect their lives and planning
family.
On May 4 receive a fax Ecais Madrid dated April 30 in the
that the Chief of Adoptions reports that the Madrid Institute for Children and
Family has resolved to temporarily suspend accepting new applications for
adoption in Romania until the resumption of pre-allocated. Report on
possibility of changing the country but omitted that this should start all over the
process again wasting time and the amounts disbursed
What at first to assume a delay of several months in
Allocations (it should be noted that the adoptive process lasts several years) is
turning to families in an uncertain goal. The reports that the Baroness
Nicholson issued, are shunned by many of the countries that have been taken
Romanian children, with a view to the accession of Romania to the European Union.
Coordinator of Associations for the Defense of the Adoption and Foster Page 4 of 6
____________________________________________________________________________________________________
Contact in Madrid: ATLAS, DAGA, SEDA
Tel: 91.888.43.80 - 91.328.02.40
Fax: 91.683.90.15
e-mail: atlas@aloja.com
Meanwhile, families are still blocked, families who have already fulfilled all
Procedures of law and our country of origin, who have paid amounts
important both for their money formalities in Spain and in Romania, according to the
Contracts signed at the time. Most of these families can not start new
adoption in another country for economic reasons or because in their autonomous region not
is allowed by law. On June 21, the National Authority of
Child Protection and Adoption, through Resolution No. 55, decided to stay in
suspended for one year the admission of new demands for adoption families
foreign. This information, like the above, was communicated to
families by Ecais.
In the international media has been reflected in the proceedings
Other countries that have played a role. Thus, the French Prime Minister, in his
trip to Romania, conveyed the concern of the French families wishing to adopt
Romanian children for the couple who participated in a meeting with other organizations, which
consider that it would have been sufficient to eradicate the abuses of the system in place
to stop international adoptions in a way that reconciles reform
system of protection of children and expectations of families wishing to adopt
children. On the other side during his visit to Tel Aviv, Prime Minister Adrian Nastase, has
promised that it will try to find a special solution for that 14 couples
Israelis may adopt children in Romania, despite the existing moratorium.
ACTIONS BY THE FAMILIES
In the absence of information regarding family planning project launched
years ago of all families (1,200 in Spain) is Coordinator of Associations
protested and explained the reality before the Spanish Baroness Nicholson, action
was also conducted by the Ecais.
Associations of Families in Defense of Adoption have requested information
and mediation to our Consulate in Romania, the Ministry of Labor and
Social Affairs, the Ministry of Foreign Affairs, Madrid Assembly,
Deputies, Senators, Parliamentary Groups, Chairmen of the Government and
Autonomous Communities, the European Parliament, Romanian Committee for Adoption and
course, before the central authorities in Madrid (Madrid Institute for Children and the
Family). Without that, so far there is no solution to these families.
We continue, by the media, the actions of those who have expressed
sensitive to the problem. We welcome and support the actions of Senator Gran
Canary D. Jose Macias Santana sharing his view of the need to be arbitrate
a methodology to resolve pending claims, based at the law
in force since the slow adoption simply
hinder the integration of children.
Coordinator of Associations for the Defense of the Adoption and Foster Page 5 of 6
____________________________________________________________________________________________________
Contact in Madrid: ATLAS, DAGA, SEDA
Tel: 91.888.43.80 - 91.328.02.40
Fax: 91.683.90.15
e-mail: atlas@aloja.com
However, a lack of adequate official information we echo news
which are nothing reassuring, "the restoration of international adoption must
wait for the creation and control of all the necessary administrative capacity,
including legal bodies such as the family courts "(source
Europa Press).
We continue also the actions of our MEP D. Daniel Varela -
Suanzes and D. Jose Maria Gil-Robles that have led to recognize the Baroness
Nicholson that "no one has acted more vigorously that the Spanish authorities."
Following the approval by the full European Parliament's report of the
Baroness on the progress of Romania's accession to the European Union, has been
the compromise published in D. Jose Maria Gil-Robles to ensure the rights of
children and the rights of parents who want to adopt and which to strive for
therefore been making all kinds of sacrifices. Ms. Emma Nicholson has been
committed to following closely the situation of Spanish families.
CONCLUSION
One thousand two hundred Spanish families await the arrival of her son from Romania, were part
of the five thousand records of all countries dealing with the adoption this country,
and who are waiting to resume the process Romania, for the adoption of
one of the minors who already have Auto Abandonment.
Some Spanish families take three to four years waiting. They already have
Certificate of Eligibility, have already prepared their case and this is still awaiting the
administrative and judicial proceedings in Romania. The contracts signed by the
Families have, as required the V th B-fifth of the respective Communities
Autonomous and all formalities have been complied with the regulations in force,
including the payment of fees, both in Spain and Romania.
We have the absolute helplessness and, most importantly, children in
their right to grow up in conditions that can not be institutionalized in
orphanages. Children are growing up without the optimal conditions for its development. They see
how while they are growing, their chances of finding some parents are shrinking.
REQUESTED
- The intermediation of the Spanish authorities at the highest level to offer a
solution, given that the Spanish families offer the maximum guarantees, as
Baroness Nicholson acknowledges in his report of Romania's accession to the Union
European. Continue in hopes of renovating the entire legislative system,
administrative and judicial it prejudice towards children impossible to repair.
Coordinator of Associations for the Defense of the Adoption and Foster Page 6 of 6
____________________________________________________________________________________________________
Contact in Madrid: ATLAS, DAGA, SEDA
Tel: 91.888.43.80 - 91.328.02.40
Fax: 91.683.90.15
e-mail: atlas@aloja.com
The law should have primacy of the child to grow up in a family, as shown in
Article 21 of the Declaration of the Rights of the Child, which is supreme and has
precedence over all other considerations.
- As has been repeatedly reported the Romanian government, the allocations are
resume as soon as they approve the new law on child protection,
deal that might take, since the allocations were suspended more than a year.
Whereas at least five thousand children will be adopted by foreign families
within an indefinite time, it is incomprehensible that these children have to grow up in
orphanages waiting for that date uncertain. The best interests of the child is neglected
background by general interests, although these for the benefit of children.
- Recognition by the Spanish State of the validity of the records
processed, which have reliably fulfilled the legal requirements.
Including both the cases of families that the Romanian Foundations
registered with the Romanian Committee for Adoptions as those others who, to use
another methodology, were not recorded on his arrival in Romania, since the Foundation
once those responsible were pre recorded, in the absence of any
legislation requiring their registration before the pre-allocation. There is
which take into account that, as recognized by Emma Nicholson in Parliament
European "no one has acted more vigorously that the Spanish authorities in the
subjects of international adoption "
- To enable families to initiate a second case of adoption so
not spend so much time waiting uncertain as well as simplifying processes
in these cases. There is serious discrimination between families of different
Autonomous Communities. While some are in such option and the
families are supported by the Agency official, which expressly authorizes these
situations, families are "trapped" in autonomous communities (Madrid), who
the slow process of amending the relevant articles of Decree 192/96 of 26
December, not to start a second file thereby giving rise to
situations impossible to repair because it is high time spent in each
process.
Confident that the management of our Government provides solutions that lead to a thousand
Two hundred children to find his family in Spain.
Sincerely,