Adoption Laws – IF

There was an interesting post going around an adoptive family facebook group during National Adoption Awareness Month that I haven’t seen before. It got me inspired to share from the intercountry adoptee perspective what I would change IF we could.

The question was: “If you had the power to change any adoption laws, what would you change?” As you can imagine in an adoptive parent forum, many of the answers were adoptive and prospective parent centric. I did share a few of my initial thoughts, which unsurprisingly, in that group, not very popular. So let’s share my thoughts here as essentially this is the crux of what ICAV tries to do – we speak out to help policy makers and implementors think about what their processes and practices do to the child, the adoptees for whom it’s meant to be about. Some of the responses from ICAV members are incorporated as we did have quite an active discussion in our facebook group for adult intercountry adoptees.

If I could change adoption laws as an intercountry adoptee, in no particular order, I would:

  • make it illegal to traffic children via intercountry adoption and ensure a legal pathway for reparative & restorative justice — such as allowing us to return to our homeland and/or original family, if and when we desire;
  • make it illegal to rehome or return us;
  • make it illegal to change or falsify our original identity that includes DNA testing the relinquishing parents to confirm their parentage of us;
  • make it illegal to abuse us;
  • create a legal pathway to prosecute the agency for failing to adequately psychologically assess our parents to ensure no further harm is done via the adoptive family environment;
  • make it a legal requirement for all the actors who participate in the facilitation of adoption to provide lifelong post adoption supports that are free, equitable, and comprehensive, arising from a trauma informed model. It needs to be itemised what Post Adoption encompasses e.g., full search and reunion services, translation of documents, language courses, cultural activities, psychological counselling, return to homeland services, open access to our identity documents, etc.,
  • make it illegal to trick birth parents, to ensure they fully understand what relinquishment and adoption means;
  • make it illegal to adopt a child until it is proven beyond doubt that no immediate family, kin or local community can support and raise the child; this must include proof that the provision of a range of financial and social welfare supports have been offered;
  • create a legal pathway for orphanages, agencies, lawyers and judges to be prosecuted by birth families who are prevented access to their child, especially in situations where they change their minds;
  • create a legal pathway to prosecute countries who fail to give citizenship or deport intercountry adoptees; this includes removing these countries who accept or send deportees from any international convention;
  • make it illegal to separate twins;
  • centralise adoption, bring back full accountability of adoption to the State and remove the privatised model of intercountry adoption agencies to remove the conflict of interest and the blame shifting;
  • remove money and fees;
  • make it illegal for private lawyers to facilitate intercountry adoptions;
  • make expatriate adoptions go through the same process as intercountry adoptions in the adopting country rather than being able to by-pass the tougher requirements.
  • make all plenary adoptions illegal;
  • legalise a new form of care internationally that incorporates the concepts of simple adoption, kinship care, stewardship, permanent care, and guardianship models that provides for our care but not at our cost in identity and removal of connection to ALL kin;
  • create a law that allows adoptees the right to decline their adoptive parents as an adult if they wish;
  • create a pathway to ensure Dual citizenship for all intercountry adoptees that includes citizenship for our generational offspring, should they wish.

This is just a starting list for thinking about what laws would need creating or changing in order to protect the rights of adoptees! I haven’t even started to discuss what laws would be needed from our original family perspectives. It would be interesting to hear their perspective. One has to question the current bias of existing laws that are skewed and mainly protect the interests of the adopters instead of a balance between all three and prevent intermediaries taking advantage of the vulnerabilities of each of the triad members.

There will always be vulnerable children who need care but today’s existing Plenary adoption laws are archaic and outdated. We adoptees know from living the experience that there are many gaps and pitfalls in the current plenary adoption laws used in intercountry adoption today.

Adoptee Citizenship

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The Anti-Immigrant Climate in the United States of America

An Intercountry & Transracial Adoptee’s Perspective

by Rachel Kim Tschida

Special Guest Blogger on ICAV

I am currently pursuing a master’s degree in public affairs, and I’m taking a course on immigration policy. A recent question that was presented to our class was, “How has the anti-immigrant climate in America affected people you know?” I immediately thought of the impact it has had on intercountry (and often transracial) adoptees.

Speaking from my own lived experience, it was actually startling for me when I first realized that I was an immigrant. This might sound crazy but growing up in an American family with American parents, it just never crossed my mind. Yes, logically I knew that I was born in Korea and came to America when I was 6 months old, and my first passport was issued by the Korean government for my first plane ride aboard Northwest Airlines from Incheon to Seattle, and then Seattle to Minneapolis-St. Paul. I have photos and newspaper clippings from my naturalization ceremony when I was 1 year old (my mom dressed me in a red white & blue dress for the occasion). I even received a hand signed letter from U.S. Senator Rudy Boschwitz, congratulating me on becoming a citizen (and how he also immigrated to the U.S. as a child). However, “immigrant” was never part of my self- identity.

This all started to shift a few years ago, when I heard about a Korean adoptee who was in deportation proceedings. At first, it didn’t even make any sense to me – how could an adoptee, someone who was adopted by Americans like me, be deported? At the time, I didn’t realize that not all adoptees were naturalized – either their parents didn’t know or for some reason or another, just didn’t complete the process. After reading the case of this adoptee, and going down a Google rabbit hole, all of the pieces started to come together. The next time I stopped by my parents’ house I thanked them for following through on all of the steps of my adoption and naturalization. I also asked to get all of my documents, including my certificate of naturalization and adoption file, just in case.

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Through conversations that I have had within the intercountry adoptee community, I have realized that I am not alone on the complex path of self-discovery around adoptee/immigrant identity. There are some intercountry adoptees who do not identify as immigrants, while there are others who proudly and adamantly claim their immigrant status. I have also realized that I had one of the better possible adoption outcomes, with regards to how seriously and diligently my parents went through the adoption and naturalization processes. In the massive folder of adoption paperwork from my parents, I found notes in my mom’s handwriting with reminders like “call attorney” or “don’t forget to file naturalization paperwork”.

Throughout the past 2 years, I have seen an increased level of fear and anxiety within the community. As anti- immigrant policy proposals have increased in number and frequency, related discussions within intercountry adoptee community groups and online chats have proliferated. Everything from whether or not we need a certificate of citizenship AND a certificate of naturalization, to stories of naturalized Asian American citizens who have been de- naturalized for spelling mis-matches in their application (which can be prevalent when translating Asian names from their native characters into Romanized letters), to the impact the proposed removal of birthright citizenship would have on the American-born children of non-naturalized adoptees. This particular issue adds even greater distress around family stability to adoptees whose very lives were impacted by the separation from their birth families. Adoptees have given each other advice such as carrying proof of citizenship at all times, having copies of adoption certificates and naturalization certificates when traveling abroad and re-entering America, immigration and border control, and hiring immigration attorneys.

americaThis has also led to many philosophical debates around the positioning of intercountry adoptees on the immigration hierarchy – especially Asian adoptees. In stark contrast to the exclusion of Asian immigrants through the 1875 Page Act, the Chinese Exclusion Act of 1882, the 1907 Gentleman’s Agreement with Japan, the Asiatic Barred Zone Act of 1917, and the quotas of the McCarran-Walter Act of 1952, the adoption of Korean children by (usually) white American families began in 1953 – more than a decade before the Immigration and Nationality Act of 1965. This exceptionalism narrative – that adopted children of American parents are “good immigrants” yet at the same time almost never viewed as immigrants by their families, the immigration process, or society at large, is probably why I also did not identify as an immigrant myself. There was the assumption (and expectation) that we would be easy to assimilate into American society via our American families. It poses an interesting question; how can America view an Asian, African, or Latino child who has crossed the border with his or her Asian, African, or Latino parents so differently than an Asian, African, or Latino child who was adopted by (white) American parents?

Adoptive parents and adoption agencies successfully lobbied for the Child Citizenship Act of 2000, which granted automatic and retroactive citizenship to some (but not all) intercountry adoptees. Now, adoptive parents would only need to ensure the adoption was legally finalized based on the type of visa issued, and they would no longer need to go through the naturalization process. This seems in theory like a clear victory for the adoptee community that would close a gap in our immigration system. However, it continues to reinforce the exceptional immigrant narrative.

That said, even in 2000 concessions were made to the Child Citizenship Act in order to get it through Congress. The most notable and damaging was that it excluded adoptees who were already 18 on the day the law was enacted- February 27, 2001. There was an assumption that adoptees over 18 could easily navigate the immigration system and apply for citizenship themselves. Despite the “forever children” narrative that is also often placed on adoptees, this was an abrupt shift in suddenly viewing us as adults and transferring the responsibilities (and failures) of adoptive parents onto adoptees. This also seemed to define the shift toward placing adoptees in the same category as all other immigrants, at least in the eyes of immigration enforcement.

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Unfortunately, there are many intercountry adoptees who have no viable path to citizenship, for various reasons. They may have entered on a non-immigrant visa, or their parents did not keep their adoption files which are the only proof that an adoptee entered the country legally via adoption. Despite the air of “exceptionalism” in the passage of the Child Citizenship Act, one could also argue that adoptees had no agency or self-determination in their adoption whatsoever – they didn’t choose to be separated from their birth family and be sent from their birth country, nor choose to be adopted by Americans. Therefore, those who hold the most power within this adoption system should also bear the responsibility – American parents, adoption agencies, and the American government. For better or worse, the premise of adoption is built upon the promise of offering a “better life” and “creating a family” – and the denial of American citizenship is a complete contradiction to this promise. For many adoptees, their American families, homes, and lives are all they know.

Since 2000, there have been numerous attempts to amend the Child Citizenship Act, in order to grant retroactive citizenship to those who were excluded. The most recent attempt, the Adoptee Citizenship Act of 2018, has not yet passed despite being bipartisan and bicameral. The Adoptee Rights Campaign (ARC), a national organization led by adoptees without citizenship, will continue to advocate for a legislative solution. Other adoptee organizations and community organizations such as Korean American or other Asian American Pacific Islander (AAPI) social justice organizations have also mobilized around the country, in an effort to raise awareness and engage with their local, state, and federal elected officials. It is worth noting that the Adoptee Citizenship Act of 2018 has been specifically positioned as a family and human/civil rights issue, and not an immigration issue – and that previous attempts to add adoptee citizenship to other immigration reform bills failed.

A small group of us in Seattle have come together and formed a joint committee between a Korean American nonprofit and an Asian Adoptee nonprofit organization. We continue to discuss how, when, and where we can contribute to these efforts and what our sources of funding will be. We have had many late-night debates about the framing of adoptees as immigrants, not as immigrants, as adults, as children of American parents. We have struggled with the implications of positioning adoptee citizenship as an immigration issue, family issue, and/or human rights issue. We have debated if we should try to build alliances with other impacted immigrant groups, such as Deferred Action for Childhood Arrivals (DACA) recipients, or if we should proceed separately.

We are at the end of November – National Adoption Awareness Month and the anti-immigrant and xenophobic climate has forced many of us to have uncomfortable conversations with our families and even ourselves, as we process what it all means for us as the adopted, immigrant, (people of color) children of our (white) American parents.

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To keep up to date and support the work of American adult intercountry adoptees fighting for their right to automatic US Citizenship, see Adoptee Rights Campaign.