SURVEY OF COUNTRIES REVEALS CLOSURES, SLOWDOWNS IN INTERNATIONAL ADOPTION
SURVEY OF COUNTRIES REVEALS CLOSURES, SLOWDOWNS IN INTERNATIONAL ADOPTION(June 9, 2004) The Adoption Council of Canada's survey of the status of adoption in 16 countries shows that a variety of factors are slowing the rate of adoption of children from abroad. Some countries are closed; others are processing applications slowly, a source of frustration for adoptive families anxious to bring home their children. China and Russia remain open to Canadian families seeking to adopt abroad, but once-popular countries like Guatemala and Romania are no longer an option. Parents planning to adopt internationally must face the prospect of delays in file processing for a number of reasons, such as political turmoil (Haiti), health warnings which suspend some procedures (outbreak of SARS in China in 2003) and halts while legislation is changed (Vietnam and other countries). Citizenship and Immigration Canada is expected to release soon the figures for international adoption in 2003. The statistics could show a decline owing to a number of countries being closed to intercountry adoption. Adoptions are currently halted in Cambodia, Guatemala, Romania, Thailand (partial) and Vietnam. There are delays in Georgia, Haiti and Kazakhstan. Here is the status of adoption in 16 countries at mid-2004. BELARUSAn adoption moratorium was imposed Oct. 14, 1997, pending revision of Belarus's Family and Marriage Law. The moratorium was lifted on June 5, 1998. That law has not yet been revised and it is unknown how long the adoption procedure will take or how it will work, according to the U.S. State Department. The Belarus International Adoption Center says all adoptions will be approved by the Council of Ministers. The Center is ready to accept adoption documents from families wishing to adopt Belarusian orphans. The Hague Convention on Intercountry Adoption entered into force in Belarus on Nov. 1, 2003. CAMBODIAAdoptions from Cambodia are still suspended, as of June 2004. The U.S. suspended adoptions from Cambodia on Dec. 21, 2001, based on confirmed reports of Cambodian children stolen from their birthmothers and placed for adoption with false documents. On Jan. 25, 2002 Cambodia confirmed it would suspend the adoption process, acknowledging the trafficking concerns. Prospective parents were urged to consider other countries, as the suspension would not likely be lifted in the foreseeable future. In March 2003, Canadian officials concluded that the adoption process in Cambodia is open to abuse and insufficiently protects the interests of the children and the birth and adoptive parents. On March 1-4, 2004 U.S. officials visited Cambodia to see the government's progress in approving more stringent adoption legislation and eliminating opportunities for fraud and baby selling. The fact-finding mission made no decision on the future of adoptions in Cambodia. CHINAWith the SARS risk gone by mid-2003, China lifted its restrictions on adoption and the process is running normally. On June 24, 1996 the China Center for Adoption Affairs (CCAA) in Beijing was named China's Central Authority for international adoptions. On Dec. 1, 2001 CCAA started a quota system, to slow the rising number of incoming applications. It gave each adoption agency an annual quota of applications -- not more than their average annual number of adoptions in the previous three years. Of this quota, not over 5% of files could come from single applicants, making it harder for singles to adopt from China. During 2002 the backlog of files was reduced. On Nov. 29, 2002 CCAA lifted its quota on adoption applications, except for singles. CCAA said applications from single applicants should not exceed 8% of the total applications submitted by each adoption agency in 2003 (up from 5%). The 8% quota means a lengthy wait for singles wanting to adopt from China. In Ontario, some agencies are not accepting singles because their waiting lists are too long. To minimize the spread of severe acute respiratory syndrome (SARS), on May 15, 2003 China stopped issuing adoption referrals (child matching letters) and notifications authorizing travel to China to adopt a child (but still accepted adoption applications). The six-week suspension of dossier processing was especially hard on prospective parents who had received photos of the children they were on the verge of adopting. On June 24, 2003 CCAA re-opened China to families wishing to come to adopt their child. CCAA resumed issuing the "Notice of Coming to China for Adoption" for families who had been matched with children. This letter authorizing travel to China will be valid for three months, as before. CCAA also resumed sending out the "Letter of Seeking Confirmation from Adopters", which notifies families of children matched to them for adoption. For more, see previous reports: GEORGIAA new adoption law in the Republic of Georgia, effective Sept. 25, 2003, will create significant delays in intercountry adoptions from Georgia, according to an Oct. 29, 2003 news release from the U.S. Embassy in Tbilisi. Children must be registered in the central database of orphans, and stay in an orphanage, for at least six months so that Georgian families may adopt them. Then they would be eligible to be adopted by foreigners. The Alberta ministry for adoptions reported in November 2003 that the Republic of Georgia has stopped its international adoption program so it can change procedures to allow for domestic adoption and to comply with the Hague Convention. No Canadian province is accepting applications for Georgia until further notice from the Department of Foreign Affairs in Ottawa. Effective Nov. 3, 2003 the British Columbia ministry for adoptions will not issue Letters of Approval and Notifications of Agreement for privately arranged adoptions. It said that although the Hague Convention is in force in Georgia, a domestic law allows lawyers to arrange private intercountry adoptions without a license. Across Canada there have been reports of irregularities with privately-arranged adoptions. New legislation effectively ends private adoptions by foreigners. Foreign Affairs in Ottawa has recommended that no new applications to adopt children in Georgia be approved until the Central Authority in Georgia can be involved in all adoption cases. GUATEMALAAdoptions from Guatemala have been suspended since September 2001 and will remain so until the Guatemalan government implements effective adoption safeguards. The Canadian Embassy there advises that the illegal and unethical practices which led to the suspension of adoptions still exist, and issues of child trafficking continue to arise. In July 1999 the United Nation Special Rapporteur of the Commission on Human Rights on Sale of Children, Child Prostitution and Child Pornography visited Guatemala. The resulting report focussed on the sale of children for the purpose of intercountry adoption and the lack of legislation, policy or infrastructure to prevent such trafficking. Guatemala closed to international adoption in September 2001, following reports of child trafficking. Guatemala needed to enact legislation implementing the Hague Convention on Intercountry Adoption before adoptions could resume. On Sept. 10, 2001, the Ontario ministry for adoptions announced it was no longer taking applications for adoptions from Guatemala, acting on advice from the Canadian Embassy in Guatemala, which found that illegal and unethical adoption practices were widespread. The British Columbia ministry for adoptions announced that effective Oct. 25, 2001 it would no longer facilitate adoptions from Guatemala. On Dec. 1, 2003 the U.S. State Department said the Guatemalan Solicitor General's office (PGN) is again processing adoptions through notary publics and is accepting new cases. Under the notarial system, Guatemalan attorneys receive and refer potential orphans to U.S. parents. They give the attorney a power of attorney to act on their behalf to complete the adoption. The attorney usually represents the birth parents, the adopting parents and the child in the Guatemalan Government proceedings. PGN scrutinizes the adoption case for signs of fraud or irregularities. On getting PGN approval, the adoptive parents in the U.S. are legally responsible for their child. PGN does not charge fees for adoptions. For more, see previous report: HAITIThe coup d'état that ousted president Jean-Bertrand Aristide on Feb. 29, 2004 has brought the adoption process to a temporary halt. Families lived through anxious months when they were unable to bring to Canada the Haitian children they adopted last year. In its travel advisory of May 31, 2004 the Department of Foreign Affairs warned Canadians not to travel to Haiti unless they have critical or compelling business or family reasons, citing increased criminal activity and lawlessness throughout the country.. The Canadian Embassy in Haiti is strongly discouraging adoptive parents from travelling to Haiti to pick up their children. Canadian officials will contact them as soon as the situation in Haiti allows adopted children to travel to Canada. A child must have a Haitian passport to leave Haiti. INDIAQuebec's International Adoption Secretariat, which oversees international adoptions in Quebec, halted adoptions from India to Quebec on May 4, 2001. Suspicions of child trafficking have closed several Indian orphanages, including the one (Bethany Home) used by the agency approved by the Quebec government (Enfants du Monde, Children of the World). In April 2002 India's Central Adoption Resource Agency (CARA) advised that there were reports of buying and selling children in India, excessive adoption charges and huge donations given to Indian agencies. CARA said it was committed to ethical adoption practice and was investigating all irregularities. The New York Times reported June 16, 2003 that adoptions by foreigners are being challenged by charges of illegal practices, causing delays. Adoptions from India are proceeding despite reports of irregularities. KAZAKHSTANThe Alberta ministry for adoptions said March 31, 2004 that Kazakhstan is reluctant to move forward with any more international adoption placements. A major issue is that many adopted children are not registered with the Kazakhstan consulates after adoption completion, and post-placement reports are not being received. The U.S. State Dept. said Kazakhstani law requires that orphans be registered with the Ministry of Education Committee of Guardianship and Care for at least three months before they are eligible for adoption. Starting in January 2003, it became considerably harder for foreigners to adopt two or more biologically unrelated children during the same trip. Parents wishing to adopt two or more non-siblings are urged to question their adoption agencies before visiting the children to ascertain whether this is possible in the planned city of adoption. PHILIPPINESThe Alberta ministry for adoptions noted in November 2003 that Alberta residents adopting relatives from the Philippines must document in their homestudy the relationship with the child. Relative adoption is defined in the Philippines as step-parents, grandparents, aunt or uncle, and cousin once removed. Relative adoptions must be processed through the Inter-Country Adoption Board, not the Regional Trial Court in the Philippines. ROMANIAInternational adoptions in Romania were suspended June 21, 2001. Three years later, the moratorium is still in place, despite the large number of children in care -- over 84,000 orphans by one estimate. A June 2001 report by the European Parliament's special envoy for Romania criticized the country for "persistent abandonment of children, child abuse and neglect, and child trafficking." The EU told Romania it must close its large orphanages and move children into smaller homes, and draft new legislation on child protection, before it can apply for EU membership. The government said it planned to close 34 of over 500 state orphanages housing 48,000 children. The Romanian Adoption Committee, which regulates national and international adoptions, declared the halt on international adoption on June 21, 2001. At that time Romania said it would use the pause to " match domestic legislation with the international regulations and practice in this area." The European Union wants Romania to improve its treatment of orphans before it can join the EU in 2007. The ban was to run until at least October 2002. This was repeatedly extended, to Feb. 28, 2003, then to June 1, 2003, and then indefinitely. The moratorium on adoptions remains in effect while Romania works on new adoption legislation to meet requirements of the European Union. The Romanian government approved draft adoption legislation on March 11, 2004. "Under the new law, a family from abroad can adopt a child only if they are second-degree relatives of the child," said Gabriela Coman, head of Romania's Child Protection and Adoption Authority. Second-degree relatives refers to grandparents and siblings. Ms. Coman said parliament would likely approve the new legislation in May 2004 and the ban would stay in place until the child protection laws could be enforced, probably in 2005. If passed the legislation would effectively ban foreigners from adopting Romanian children, ending intercountry adoption there. Tens of thousands of children would continue their life in institutions and foster care. For more, see previous report RUSSIARussia is open for international adoption under legislation stating that only accredited adoption agencies may represent adoptive parents. Accrediting began on May 10, 2000. Pravda reported May 13, 2004 that the number of orphans and foster children is increasing in Russia -- from 496,300 in 1994 to 867,800 as of Jan. 1, 2003. Only 10% are orphans because of death or disablement of the parents; the rest are social orphans. About 7,000 Russian children were adopted abroad in 2003, more than were adopted domestically. In May 2004 the Duma proposed a parliamentary inquiry into the international adoption of Russian children. The head of a Duma committee said that "agencies that do not have proper authorization to do so still act as brokers in this practice" and recommended that Russia negotiate bilateral treaties with other countries. The May 28, 2004 Moscow Times said that the inquiry call seemed to be a reaction to a TV report about some Russian children who were killed by their adoptive parents. SOUTH KOREAAfter years of being closed to Canadian adopters, South Korea is now a possibility. Children's Bridge of Nepean, Ont. has a program available only to Ontario residents. Quebec families should contact Enfants d'Orient. British Columbia residents can adopt from South Korea through two agencies: Sunrise Family Services, and Choices Adoption and Counselling Services. THAILANDThe Thai Department of Social Development and Welfare (DSDW) announced it would not accept new applications for international adoption between Jan. 2003 and Jan. 2004. About 800 applications were on file, more than the number of children available in DSDW care. The Canadian Embassy in Thailand advised in February 2004 that DSDW had extended its suspension of new applications through 2004, because the number of applications still exceeded the number of children available. However, DSDW will continue to accept new applications for " special needs" children. The two licensed adoption agencies, Thai Red Cross and Friends for all Children, are accepting new applications, which will be processed by DSDW. UNITED STATESThe United States is in the middle of implementing the Hague Convention on Intercountry Adoption. In 2000 Congress passed the International Adoption Act, which incorporates the Hague Convention as law. The government wants trained, Hague-accredited agencies in place before enforcing the law. The State Department has published the proposed regulations for accrediting U.S. agencies. There will be a 90-day period for public comment during summer 2004. Provided that the final regulations are similar to those proposed now, Canadians will still be able to adopt from the U.S. after the Hague Convention comes into force, some time in 2006 or 2007. Adoptions will be more regulated, slower and more expensive, but still possible, according to Sunrise Family Services in British Columbia. UKRAINEOn April 19, 2004 the U.S. Embassy in Kiev started processing immigrant visas for orphans adopted by U.S. citizens in Ukraine, using a new technology -- machine-readable immigrant visas, which are put in the child's passport. Accompanying documents will be hand-carried in a separate packet for presentation to immigration inspectors at U.S. ports of entry. The only change for parents will be that a frontal facial photo of the child will now be required in addition to the three-quarter photo. VIETNAMVietnamese adoptions, suspended since 2001, will resume as soon as Canada and Vietnam sign an agreement on adoptions between the countries. The Department of Foreign Affairs and International Trade (DFAIT) is negotiating the agreement with Vietnamese officials. At mid-2004 there's no announced timetable for signature, or for resuming adoptions. In August 2001 the governments of Vietnam and Canada advised there were serious concerns about alleged illegal practices in adoption in Vietnam. On Aug. 27, 2001 the Ontario ministry for adoptions ceased taking applications for Vietnam and on Dec. 20, 2001 the British Columbia ministry for adoptions announced it would no longer facilitate adoptions from Vietnam. DFAIT advised that there were concerns regarding the buying and selling of babies in Vietnam who were then placed for adoption with foreign families. In April 2002 Vietnam suspended international adoption, in order to put a new adoption process in place. In 2003 Vietnam introduced a decree to tighten controls on foreign adoption. As of Jan. 2, 2003 children could be adopted only by foreigners from countries with bilateral adoption agreements with Vietnam. All adoptions must be approved by a special foreign adoption agency in the Ministry of Justice which will decide on foreigners' applications within four months. If approved, the adoptive parents can then travel to Vietnam to receive their child, thereby reducing the need for long visits while waiting for applications to be processed. The decree allows foreign private agencies and domestic agencies run by either the Communist Party-controlled Women's Union or Red Cross to facilitate adoptions. Hanoi announced in August 2003 that it had signed adoption agreements with France, Italy and Denmark and was entering a second round of negotiations with Canada and Sweden. Ireland signed its adoption agreement with Vietnam in September 2003 and ratified it in March 2004. Adoptions from Vietnam to Ireland were expected to start in May 2004. DFAIT reports that the provinces/territories sent their feedback on a new draft of the Canada-Vietnam agreement in January 2004. In February the Canadian Ambassador to Vietnam delivered the proposed adoption agreement to Vietnamese authorities for their review. For more, see previous report: For previous reports on international adoption in general, see: If you're interested in domestic adoption, consult Canada's national photolisting web site, "Canada's Waiting Children", run by the Adoption Council of Canada. It shows photos and profiles of children in care of Canadian child welfare agencies and waiting for permanent adoptive families. Source: Adoption Council of Canada, www.adoption.ca Copyright 2004 Adoption Council of Canada. Reproduction permitted, if credited "Source: Adoption Council of Canada, www.adoption.ca". Please make a request to reprint, so we can track where ACC news items are used. Send your request to acc@adoption.ca. |
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