Dear Dad, You are Still Racist

by Author Mae Claire, born in Haiti raised in the USA.

A letter to my deceased father who illegally trafficked me out of an orphanage in Haiti. 
My works: https://www.amazon.com/-/e/B00IZG9Q56
Insta: @liftingtaboos
Blog: https://solifegoeson.com/

Mae, 15 years ago

Dear Dad,

The IRS is asking for information on my birth parents in order for the transfer of heirs to be successful. Your death left a lot of holes in an already very complex situation. See, remember when I called you 3 years ago and explained to you how horrible, dangerous and painful your actions were some 40 years ago?

Yes. That conversation. You are right. The one where I explained to you how getting my green card was almost impossible because you chose to traffic me. In the moment, you thought you were doing the “right” thing…because..Saviorism….white fragility, and the need to rescue a poor black girl from a fate that is unspeakable. I mean, I am almost certain there was love somewhere in the midst of it all. But love is a long-term thing. Love means you think about the future.

You didn’t do that dad. In fact, you continued to lie about my existence, keeping me from truly knowing my origins.

In your defense, you did tell me as I got older that my papers were fake. Fake…I was 13. What does a 13 year old understand about having fake papers? All I could do was live in the moment, go to school and do what a regular 13 year old does. Then I turned 17, traveling outside the country became harder because I was…well, trafficked.

“Remember your birthday,” you would whisper to me as we approached a person in uniform. I always thought it was strange that I had to memorize a date that was not actually my birthday at all. I also thought it was unordinary that my passport age was 3 years younger than my biological age.

In the name of saviorism and urgency, you were…making a deal with the devil. Find a woman who wants to sell her signature, find a dead child who has not received a death certificate yet, find a lawyer who would be shady to the utmost and BAM…you got yourself a cute little black girl in need of saving.

But here is the thing. I was not in need of saving. I was not an orphan despite being in an orphanage. So why didn’t you just wait for my real mother’s approval? Why go through illegal channels?

Urgency.

Saviorism.

I had a mother, I had a father, I had 5 other siblings. I had an aunt, an uncle, a grandfather. I had a Family.

But you took all that away from me. Nothing matches and nothing will ever match because of the decision you made when I was knee-high. My paper mother is not my bio mother. Everything is a lie. That is not my Birth Certificate, that is not my name, that is not my age. And at the same time, you were the family I was raised with-a very toxic one at that, but you were all I knew.

So I grew up to hate my skin color, my hair, my face, my race, my culture. I grew up to seek what you had and what you were even though you kept me from being an equal. You made me feel responsible for what had been done to me. You made me feel guilty if I didn’t show love to you the way the bios did. You drove me to contemplate and also attempt suicide. According to Child Welfare Information Gateway “Ongoing contact with birth family members may minimize or resolve the child’s feelings of grief and loss, reduce the trauma of separation, and help the child develop and maintain a stronger sense of identity.” You attempted none of this because you knew that what you had done was against the law.

According to UNICEF, it ​supports intercountry adoption, when pursued in conformity with the standards and principles of the 1993 Hague ​Convention​ on Protection of Children and Co-operation in Respect of intercountry Adoptions. These include ensuring that adoptions are authorised only by competent authorities, guided by informed consent of all concerned, that intercountry adoption enjoys the same safeguards and standards which apply in national adoptions, and that intercountry adoption does not result in improper financial gain for those involved in it. These provisions are meant first and foremost to protect children, but also have the positive effect of safeguarding the rights of their birth parents and providing assurance to prospective adoptive parents that their child has not been the subject of illegal practices.

In your home, I was a fraud and I was never good enough. But lucky you dad, you are not the only one. There are so many white adoptive parents who will go to any length to have a black baby. Of course in the moment they may really be taking that path to heaven with good intentions. But the intentions die fast and the path becomes uneven, rocky, scary, hurtful, abusive. That path continues for us. The impact is forever.

When white adoptive parents adopt, they are not cognizant of the long term impact it leaves on the adoptee….especially if the adoptee is of color.

A typical adoptee is ripped from their environment and forced to survive with new expectations, new rules, new laws that govern their immediacy. They are forced to adapt….not the other way around.

A typical adoptee of color is coming from a country that is deemed “poorer” and in need of saving. Poverty should NEVER be a good enough reason to take someone else’s child….and it should never be a reason to go the extra mile to falsify documents.

When it comes to illegal and illicit adoptions, Haiti should get a gold star. Though Haiti has never been a country that “sells” their kids, poverty and the promise of a “better” life is very tempting. So it happens more frequently than expected. Kathrine Joyce describes it perfectly in her book called The Child Catchers. She says “​Adoption has long been enmeshed in the politics of reproductive rights, pitched as a “win-win” compromise in the never-ending abortion debate. Adoption has lately become even more entangled in the conservative Christian agenda.​” In her book she describes how ​Child Catchers find a way to convince poor families to put their kids in an orphanage. Once the children are in an orphanage, they become the ward of the state and are now products to be sold.

We become props.

In their 40 page Write Up called Orphanage Entrepreneurs: ​The Trafficking of Haiti’s Invisible Children​, Georgette Mulheir with Mara Cavanagh and colleagues say​: The Government of Haiti should strengthen the child protection system and judicial approaches to trafficking in children, including: develop an independent inspection system; develop a system for tracking children in care; increase the number of social workers and improve their training; prioritise children trafficked in orphanages within the Anti-Trafficking Strategy.

I was your prop dad. I was the person you showed to others to prove that you were not racist, or prejudiced. I was that little girl who suffered on the inside but wore the big smile on the outside; because that is how daddy liked it. That is how most adopted parents like it. They expect us to be silent, happy, grateful, appreciative, and thankful. They expect us to remember the date they were “got”.

But you see clearly now dad, don’t you? You realize now that mom will never be able to explain what you both did. Out of greed, you took a life, and in the meantime, destroyed a family forever.

I will never be able to properly be a part of my birth family. “Tell them it was a closed adoption” I tell my sister to tell my mother while she is on the phone to IRs. I continue to protect those who trafficked me. I proceed to make sure my mother is not bombarded by inquiries and possible jail time.

When they ask her “what are you in for?, I could only hope she tells the truth.

“Trafficking. We thought we were doing good but we drank the Koolaid”. But she is not capable of admitting her wrong doing. This response is a dream only to be dreamt at night, not during the day.

There will be those dad who will say “this is a sad story but it is not OUR story.” And truly stories are unique. Unfortunately, when it comes to giving money for children, or receiving a tax deduction for adoption, you have decided to participate in a system that too often creates long-term trauma. You drank the Koolaid.

Dad, did you know that over 80% of children who are considered “orphans” are not really orphans? According to Unicef, children are put into orphanages on a temporary basis because the orphanages provide food, shelter, schooling and activities. So to assume that we are free to be taken is a huge miscarriage of justice.

According to the US Department of State, The Government of Haiti does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so. They remain in Tier 2 because ​the government did not convict traffickers during the reporting year. The government did not allocate sufficient funding for its anti-trafficking efforts or victim services and did not implement its standard operating procedures for victim identification.

What say you? Now that you are observing us from heaven? (I believe you are there because I can’t believe in a God who would create a place for people to suffer more than they have already suffered on earth). You can see the pain and suffering can’t you dad? You can see the confusion. Do you see it?

I’m hoping you can see it now. But I know there are so many adoptive parents who can’t see it. They think their steps were led by God….God would never ask someone to remove a child who has an entire family who loves and cares for them. We are asked to take care of the Widow and the Orphan….but you just took the so-called orphan.

Imagine what kind of world we would live in today if people with more gave to those who had less. What would this world look like if to whom much is given, much is truly required? What form would this and could this take? What form should this take?

What if, instead of taking someone else’s child, we asked “How can I keep you together?” This monumental question, with heaps of adaptable solutions, would change the course of children growing up in poverty.

As an adoptee, I know I am not alone in believing that a lot of our pain and suffering could have been prevented had someone reached out to support our family who was poor in physical things but rich in spirit.

As an adoptee, having my name changed, given false papers, treated like a 2nd and 3rd class citizen should never have been allowed and especially not in the name of “being called.” God does not call people to do eternal damage to others. Adoption is trauma and almost 100% of the time, causes long term damage that even therapy fails to heal.

Adoptees are not props to prove a statement like “I am not racist.” We are humans who were, for the most part, purchased to fulfill a longing, an inability, a desire, a calling, an emptiness, and the list goes on and on.

But I’m here to say dad, adopting me and the others didn’t make you less racist. You remained racist in your own way. When we cried and told you about racism happening to us and you did nothing about it….you showed your racism. When I watched you treat other people who were of my same race and nationality….you showed your prejudice and your classism.

Your heart was pure though in many ways but unfortunately, adoption didn’t make it more or less pure. The calling didn’t bring you closer or further away from God. In fact, separating me created a cavernous hole in our relationship and destroyed what could have been a bridge to my birth family, culture, race and life.

Adoption is dangerous. Oftentimes we do it and we don’t even really know or understand why we are doing it. We do it because in the moment, it ​feels​ like the right thing. We do it because we think it is going to fix something in us. Maybe it does fix something in us…but it leaves the adoptee with scars, bruises and longing for what could have been.

Dear dad, now you are dead and can probably see and understand the pain you caused. If there is any way you can infiltrate the lives of others who have adopted or are hoping to adopt and warn them of the dangers; we adoptees will forever be grateful.

May you not rest in peace until you have saved other adoptees from the same pain.

#AdoptionIsNoFairytale

by Aurélie Lever, transracial adoptee from French/Vietnamese origins raised in the Netherlands – expert in adoption by experience and education.

I often try to keep my mouth shut or sit on the constructive side of what seems to be a never ending dialogue. But this story. makes. me. furious. Please, watch this video of Dilani Butink speak about her legal outcome in the Netherlands this past week.

It concerns Dilani’s case that is barred, as it has been past 20 years since the adoption process took place. Is this a so-called bitter pill that needs to be swallowed once? No folks, it’s a narrative that keeps returning: a government that creates laws to allow adoption, but doesn’t want to take responsibility for the actual consequences of adoption. A supposedly moral knighthood, to give the child a better life, but when it comes to it, the adopted self is moved forward to catch the sword of Damocles.

There is no concern for the human side of this adoption case in the legal field. It’s about the hard facts. It’s been over 20 years, so case closed. But when will the human facts be taken into account? To help, here are some of these human facts:

  1. It often takes an adopted (or fostered) at least 20 to 25 years to realise what the process of distance and adoption or foster care has done to him or her. Mainly because there is a lack of correct aftercare for adopted and foster adults.
  2. After this realisation, an adopted often ends up in a rollercoaster of loss and grief traumas around different themes. Feelings that have often been there since baby time, but that cannot be expressed. A baby cannot categorise trauma feelings, cannot place the emotions associated with them. This doesn’t mean a baby doesn’t feel everything though. The feelings are stored in the body and continue to exist. Until that moment when this is triggered and often then a storm comes around the corner. With all the consequences; burn-out, depression, psychosis, suicide-it’s things in the daily vocabulary of adopted.
  3. It doesn’t help that society puts pressure on an adopted, telling them to be grateful or happy, because it was so beautifully collected here in the West and this life would give them such a (often materialistic) prosperous life. Or having to be thankful that the child was taken away from the mother for his own good because the mother couldn’t take good care of the child. Like this, happiness is determined for us. But who can decide for us what happiness is? And how do you define that at all?
  4. It also doesn’t help that there is often no room for these processes of grief and loss in this society. This causes misunderstanding for the fact that the child inside is often dead-unhappy. What would help? Empathy and support. Ask yourself as an unadopted how you would feel if your child was taken away from one day to another and put up with someone else, and then you are told to be thankful because your child will have a better life have. I literally heard an unadopted once say, then you die inside. Exactly, many adopted people die symbolically inside and must struggle their way through these feelings to feel vitally alive again.
  5. There are still too few therapists who can really help adopted people. Ultimately, adoptees have to do specialised studies for years themselves (after years of self-research) for years to be able to provide the right aftercare for other adoptees. Thank God they are slowly emerging, although I think there are only a handful of specialists who really understand. So just like art, something beautiful eventually grows out of all that destructivity. Only this isn’t about art, it’s about human lives.

These are far from all facts, several books were written for that. And yes, there are certainly positive stories too. Just like there are people of colour that suffer from racism, and people who don’t suffer from it. It’s never black and white. You will never hear me say there are no happy adopted, or adopted who claim to be happy because they were adopted. But that doesn’t mean we have to keep quiet for the rest.

There is currently social support for LGBQT, for BlackLivesMatter, for victims in the gymnastics world, but what is the social support for adoptees? There is not enough. Let’s create a movement. Adoptees deserve justice. Who’s in?

#ADOPTIONISNOFAIRYTALE
#ADOPTEEMOVEMENT
#STOLENIDENTITY
#ACTIVISMFORADOPTEES

#ADOPTEERIGHTS
#JUSTICEFORADOPTEES

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The Brutal Agony of the Calm after the Storm

by Kara Bos, born in South Korea and adopted to the USA.
(French Translation kindly provided by Nicolas Beaufour)

It’s been two months since the fateful day of the verdict of my court case where I was recognised as being my biological Korean father’s daughter, 99.981% by the Seoul Family Court. I’ve held countless interviews and there are currently 10 pages of Google that host the numerous articles written about my paternal lawsuit and search journey. I would and could not have imagined that this would happen, and I’m still in awe of it all. However, 2 months after the spotlight and shock of what happened is finally settling in. I’m realising that in my everyday life and in my search journey for my mother, nothing has really changed. I still do not know who she is, and have not been able to meet her. I’m back home with my beautiful family and traversing life as I did before, and continue to be ignored by my father and his family. The hurt and questions that burdened by heart before are still present, and even though victories were won and I’m being cheered on by many different adoptee/non-adoptee communities my search journey is ongoing without any real hope of it coming full circle. I’m in survival mode again as each day passes by and I try to focus on the here and now; enjoying the amazing life I have, the amazing family I have, but in the back of my mind I’m still agonising over those unanswered questions that I had worked so hard to get answered.

It’s amazing how we as adoptees manage it all if I do say so myself. We are expected to forget the trauma surrounding our circumstances of arriving into our new families. We are expected to move on, and not dawdle on mere things of the past, as what good will come of it? We are expected to be thankful and happy for the new life we’ve been given and if we dare to search for our roots, then what went wrong in our childhood that we would ever have this longing? Are we not happy or thankful for our current families? I’ve been criticized quite a bit since my trial broke headlines around the globe from strangers and even loved ones with these types of questions. As often as I say I can brush it off, it of course does hurt. How is it that people are so ignorant about adoption and the complexities involved?

This has become my mantra alongside restorative justice for adoptees right to origin; to educate the everyday person on the street to gain even if it’s a sliver of understanding that adoption is so much more complex then how it was and still is currently packaged and sold: adoptive parents are saviours and adopted children have been rescued from poverty and should be thankful for the new life they’ve been given. I want to tell you that most adoptees are thankful for their new lives, as we’ve been told since we were young to be so. Most adoptees are also afraid to search for their origins or birth families as they feel it will be a betrayal to their adoptive families. Most adoptees also will fall into an identity crisis at some point in their lives, since most are raised in a homogeneous Caucasian society and it’s natural that they will at some point recognise that they themselves are not Caucasian. When most adoptees search it is completely not associated with whether or not they are thankful for their families or lives, and whether or not they love their families or have a good relationship with them. It has everything to do with the fundamental need of knowing as a human being where one comes from, and seeking answers to those life questions.

My lawsuit was representative of a girl searching for her mother and all the culminating events that led to that fateful day of June 12th, 2020. I never imagined even finding a family member, let alone my father; and I never imagined I would file a lawsuit against him. I’ve rehashed countless times in my interviews and all social media platforms that it was never my goal. If my father or his family would have given answers to who my mother was discreetly, does one really think I would go to these excruciatingly painful lengths? Do I not as an adoptee, have a right to know these answers? Does a birth family right to privacy outweigh my right to know my origins? These are questions that are now circulating because of my lawsuit and interviews I have done. Thousands of Koreans in Korea for maybe the first time discussed my actions and in the overwhelming majority of those comments were in favour of my father taking responsibility and telling me whom my mother is. The court also agreed with the legal recognition of myself as my father’s daughter, forcing him to add me to his family register even though my closed adoption case from 1984 through Holt completely stripped me of any family in Korea.

The question remains, will it continue? Will my lawsuit actually set precedent and bring out systemic change? Or will it bring harm to the birth search quest as some critics claim? Only time will tell, but my hope is that the Korean government will give restorative justice to an adoptee’s right to origin when they revise the Adoption Act of 2012. Therefore taking responsibility in their role in sending the more than 200,000 adoptees away and allowing us our rightful place to find our way back “home.”

The Importance of Including Those Most Impacted in Policy Discussions

I’m an intercountry adoptee born during the Vietnam War in the early 70s, adopted prior to the war ending, to a white Australian family who had their own biological children. My childhood adoption experience was one where I never really understood that I was impacted by being adopted – I absorbed the mantra of the era that I would just “assimilate and fit in” with my new country and family. I spent a lot of energy trying to do just that, but as I reached my teens, I started to become aware that things weren’t quite the same for me as for my Australian peers. I seemed to struggle more in relationships, I definitely felt alone all my life even amongst a so-called “loving adoptive family”. It wasn’t until my mid 20s that I became acutely aware of how much I had absorbed the racism towards my own ethnicity, my Asianness. It took me a decade to explore how being adopted impacted me and I grew through this journey because of the many other adoptees who I met online and face to face in the community I built up. It was the isolation of my childhood that drove me to create this community, that is now one of the largest intercountry adoptee networks around the world that includes adoptees of any birth country and it is this community, that enabled me to grow, learn and find my voice. Today, this network is one of the largest online communities that encourages adult intercountry adoptees to speak out at government level (nationally and internationally) and seek involvement with policy discussions.

Why be involved in policy discussions? And what is so important about being involved?  Let’s first clarify what is meant by policy. Referring to Wikipedia’s content on “policy”, we consider it to be: a deliberate system of principles to guide decisions and achieve rational outcomes; a statement of intent that assists in decision making; different to rules or law where policy guides actions towards the desired outcome whereas law compels or prohibits behaviours; should include looking at the alternatives and choosing among them on the basis of the impact they will have; and is about trying to maximise the intended effects while aiming to minimise the unintended effects.

When it comes to intercountry adoption and how it is conducted in each birth and adoptive country, we all know that regardless of being a signatory of The Hague Convention or the Childs Rights Convention, laws and policies vary from one country to another because of the ways in which intercountry adoption is understood and implemented, both in theory and in practice.

Artwork by Lisa Wool-Rim Sjöblom

At the heart of all this, WE are the children who grow up to become adults and it is us whom intercountry adoption is all about. In theory, intercountry adoption exists because it supposedly provides for us due to our vulnerable situations in which we are not able, for whatever reason, to be looked after by our first parents. Many of us are the recipients of past and current intercountry adoption policies or a lack thereof, and in ICAV we talk openly about the known pitfalls and issues that being intercountry adopted creates. Many of our birth countries view adoption as a once off transaction that involves legally handing us over to our new forever families and countries. However, we know from our lived experience, that adoption is not a once-off transaction — it is a psychological journey that lasts our lifetime – for which we are forever impacted, for good, bad, and every other shade of experience in between.

At ICAV, we speak openly about the many complexities of intercountry adoption that impact us. For instance, our right to original identity is ignored because most adoptive countries issue us with a new “as if born to” birth certificate upon adoption. Most countries also completely sever our legal right to our family of origin through the use of plenary adoption (as compared to simple adoption which would maintain kin connections). Most of us have very limited to no access to our adoption paperwork which once provided (until DNA technology) our only ability to find our first families and our origins. Our paperwork can vary from being outright falsified to containing some elements of truth but in too many cases, it’s modified to make us seem more marketable for prospective families, hiding our truths including fundamentally important medical information and history. For those adoptees who ended up in intercountry adoption via illegal or illicit means, there is a lifetime of injustice that we are expected to live with, with little to no supports. For those who end up in an adoptive family that isn’t a good match, we end up suffering further layers of trauma. Too often people and governments forget, that our foundation is relinquishment / in utero trauma from being separated from our biological mother.

In ICAV, we encourage our members and leaders to seek out ways in which adoptees can be heard at government level where policy is created that constructs the future of our lives. We believe it’s important for government to understand the ways in which policy impacts our lives. Without this understanding, how can policy be in our “best interests”? How can adults who have never lived our experience possibly know what is best for us? Having adoptee voices involved in policy means inviting us to the table, really listening to our points of view, incorporating what we say into policy, and recognising we are the experts of our own experience.

The fundamental premise of intercountry adoption is to give a vulnerable child a “family” and “country” to belong with. Why attempt to do good for vulnerable people if you aren’t going to listen to how effective or not the policy and practice is? Governments can only truly understand the real impacts (positive and negative) of their policies by listening to those whom it involves. In intercountry adoption, this is the adoptee, first families, and adoptive families, not the adoption agencies, the lawyers, nor any other intermediary. Without listening to our voices, governments run the risk of continuing to make the same mistakes they’ve made from the beginning.

One of the worst mistakes that has been made in modern intercountry adoption since it’s beginnings in the 1950s and 60s (beginning with the Greek, German and South Korean adoptees), is to not do enough to curb the monetary incentives in intercountry adoption that allow intermediaries to take advantage of the lack of, or to bypass, policies and laws allowing them to facilitate and participate in illegal and illicit practices. We have generation upon generation of impacted adoptees who’s adoptions were illicit or outright illegal. They have nowhere to turn and certainly have very little justice. Today governments around the world today should be concerned at the growing momentum of groups of first families and adult intercountry adoptees who have already sought legal pathways to take actions for the failures of the past.

For example, Chilean mothers of loss are working together with Chilean Adoptees Worldwide (CAW) and have demanded an investigation into their adoptions from the 70s and 80s. The investigation in Chile has found that a large number of the children who left Chile during that era were not voluntarily relinquished for adoption and they are seeking justice.

Similarly, Guatemalan adoptees have banded together from around the world and are demanding an investigation by the Guatemalan and Belgium governments. A most recent well known legal case is of a biological father who won at the Inter-American Court of Human Rights and sentenced the State of Guatemala for irregular adoption and use of illegal procedures. View video here .

Another example is Brazilian adoptee Patrick Noordoven who became the first in the Netherlands to win a legal case for his Right to Original Identity. With this win, the Dutch Ministry of Justice is now investigating the role of the Dutch Government in illegal adoptions from Brazil, Columbia, Sri Lanka, Bangladesh and Indonesia! See article here.

Artwork by Lisa Wool-Rim Sjöblom

When governments fail to respond responsibly for their roles or for the roles individual facilitators played, in historic adoptions, it leaves those impacted no other choice but to find legal pathways to seek justice. We now have over 70 years of modern intercountry adoption around the world with our adoptee numbers in the hundreds of thousands from many different birth countries. Asia is by far the the largest sending continent of children (Peter Selman, HCCH Statistics). Adoptees en-masse have reached maturity where they question their identity, how they came to be raised in another country often with parents of dissimilar race, and to think critically of why they have been sent away from their countries of birth. Our adoptee movement is growing and gaining momentum. ICAV often speaks about the lack of an international body to hold governments accountable for their roles played in facilitating or turning a blind eye to the historic illegal and illicit practices.

Could there could be another pathway? If governments would be willing to listen to those impacted – to learn from the lessons of the past and ensure we don’t continue to repeat the same mistakes?

Part of the ICAV Vision is: A world where existing intercountry adoptees are not isolated or ignored, but supported by community, government, organisations and family throughout their entire adoption journey.

This can only be achieved if those in power in government value and engage us. When our voices are ignored, government acts contrary to their goal of acting in our “best interests”, instead they set up adoptive, first families and adoptees for failure at worst, or more preventable trauma at minimum.

Another of the largest areas of policy failure in intercountry adoption around the world for any government, is the lack of freely funded, equitable, lifelong comprehensive post adoption supports that are trauma and resilience informed, with inclusion in service delivery from those who know the journey best – adoptees, adoptive and first families. 

Anyone who has lived intercountry adoption knows intimately that our journey is one of multiple losses that exhibits as trauma and must be supported throughout our life. By inviting adoptees, first families, and adoptive families to share the lessons learnt from lived experience, government will better ensure they decrease the risks of unintended consequences and become more responsive in their policy making.

Inviting us to participate, listening to us with genuine openness and respect, hearing our experiences and heeding our lessons learnt — this is how governments can strengthen their outcomes and become more innovative and balanced. It is not agencies or intermediaries that government should be engaging and listening to the most, it is adoptees, first and adoptive families! I hope to see the day when we will be equally represented and invited to be involved in government policy and legislative forums for intercountry adoption! 

This article was initially written in response to a request for a Korean publication but was subsequently unpublished. The request asked me to write about the importance of including the voices of adoptees in policy forums.

Alternatives to Adoption?

#3 ICAV Blogger Collaborative Series from Adoption Awareness Month 2019

Let’s say I’ve opened up and shared that intercountry adoption has put me in a place of living beside society and that I’m feeling my losses. If I open up to one family member in Sweden and one family member in my native Iran, both of them will say the same thing in response: “You should be grateful that you didn’t end up an orphan in Iran”. Implicitly all other alternatives would be worse so I don’t have the right to complain. I should stay quiet.

When discussing the alternatives to being adopted, people generally talk about prostitution, poverty, rejection from a cruel society where family is everything – basically zero prospects at all for a good life.

Would I have preferred that to the comfort of growing up in a free country and receiving an education, being able to travel? If that’s so bad, what other solution do I have?

Implicitly my Iranian relative would say that their country cannot change – that orphans will always be frowned upon and that sex outside of marriage, drug abuse or poverty are irredeemable. Implicitly my Swedish relative would believe that intercountry adoption is the best solution. There is an embedded colonialist viewpoint which only becomes visible if you reverse the reasoning: what would you think if a white, Swedish orphan was randomly sent to a strange country like Iran? When we have orphans in Sweden, what would we do with him or her? We would try WITH ALL OUR MEANS to find their relatives and place them there. If that didn’t work, we would put them in a safe home where there’s accountability and support for his or her trauma. We would make sure the child knows as much as possible about their birth family so that they can search for them at any point and always feel connected to them. This would be the alternative to adoption.

But as long as richer countries mine poorer countries for babies, using adoption as bargaining chips in diplomacy, there are no incentives for the poorer country to deal with its problems. The orphanages in my native country are still flooded. After the Islamic Revolution, Iran didn’t want to use us children as bargaining chips anymore and stopped letting the orphans go abroad. Nowadays, you need to be an Iranian citizen, you need to write over one third of your assets and you will be monitored with the baby for six months before the adoption gets finalised.

If you don’t think the Iranian way sounds like a more reasonable solution for orphans it’s probably because of the colonialist viewpoint, that western countries have to be a better option for EVERYBODY to grow up in. You probably think the stigma of being spotted at every class photo as an adoptee (italics), not knowing your native language or culture, getting questions about your background every single day and being subjected to racism from early childhood is a price everyone is willing to pay.

The most reasonable solution is, of course, what we would do to our “own” here in the West. I am aware this requires a movement in the poorer countries to create a shift. That’s why we need adoptee voices!

by Sarah Märtensson

When I see this question – I feel it’s a classic sea-lioning trope i.e., a type of trolling or harassment which consists of pursuing people with persistent requests for evidence or repeated questions, while maintaining a pretence of civility and sincerity. It may take the form of “incessant, bad-faith invitations to engage in debate”.

This question and others like it puts the onus on adoptees to have the solutions and answers while declining to centre adoptee voices as integral to defining the issues.

I look to guardianship over adoption, care not erasure. Care of children in crisis doesn’t need to involve wide scale secrecy, severing of family bonds and complete removal from birth culture.

An emotional and financial burden of search lies on adoptees because of the secrecy. Birth families are often disempowered and actively discouraged from contact. And yet it seems that more adoptees are open to contact if it’s led by the birth families, when the fear of rejection is lessened. No government assisted systems are in place to offer genetic testing and support for reuniting and no pressure exists from adoptive or birth countries, or the Hague Convention to do so. Adoptees are forced to deal with complicated feelings about searching because of ongoing concealment of information in adoption which is especially the norm within intercountry adoption. Clandestine practices are entirely normalised within adoption where it would otherwise be unacceptable and illegal.

The public is fascinated with family secrets and reunion stories. Television, film and books on search and reunions are plentiful but never does anyone question the reason for such punishing anonymity and severing of all biological relationships. Never does anyone ask the adoptive parents why it’s a component of adoption or ask them to imagine what affect that would have on a person, or invite them to imagine how easy it would be to talk about those feelings with adoptive parents who convey fragility and fear around the topic.

by Juliette Lam

Keep the children and babies in their own families and culture where possible, if applicable!

by Kate Coghlan

The answer to this question could be an essay, thesis, or book in itself. I can’t do it justice here but I’m going to mention some initial thoughts because it is such a relevant question. Ultimately, this question asks:

Is adoption a solution and should we be doing it? 

The underlying concept in adoption is that most people recognise humanity is not perfect, there exist children and families who struggle and need help, and most of us want to help vulnerable children but how we go about giving that help is really what we think about when we ask for alternatives to adoption. It is assumed that the legalised way of intercountry adoption must be a good thing because governments have agreed on it, they look like they have safeguards in place in the form of Conventions (The Hague Convention for Intercountry Adoption) and it’s been happening for decades. However, having lived the life of an intercountry adoptee and knowing thousands around the globe, my response to people who ask what alternatives to adoption is three-fold.

Firstly, I believe we should be doing more to prevent the need for intercountry adoption and many organisations are doing amazing work in this. We need people to spend the amounts of money from the adoption industry into preventative programs that focus on family and community preservation.

Here are just a handful of some amazing NGOs who are doing wonderful work to help empower families and communities to prevent the need to ever consider intercountry adoption or orphanages:
Captivating International
Selamta Family Project
Collective Calling
Pamoja Leo
Helping Children Worldwide
Martin Punaks
Friends of Shishur Sevay
I highly respect organisations like LUMOS who focus on ending institutionalisation without promoting intercountry adoption. You can read their report as they speak about funding organisations that promote community & family-based care. This is the action we need to take that helps prevent the need for intercountry adoption.

Secondly, when people ask what alternatives to adoption, I reply with asking whether they know who the top 10 sending countries are in the past 20 years. I then point out that China, South Korea and Russia are in the top 10 sending countries despite being first world nations with substantial GDPs. One has to ask why are they continuing to send their children abroad? And this includes America who is in the top 25 sending countries. Intercountry adoption is NOT about a lack of money and resources yet most people will not consider alternatives to adoption because it’s about their need for a child, having that child as “theirs” to keep forever, instead of focusing on what is best for the child. If we were interested in what is best for the child, we’d listen to adult intercountry’s adoptees who by and large, share about the difficulties of growing up between two lands. Adult intercountry adoptees say we need to do more to help keep children in their countries and address the lack of alternatives to adoption there.

This brings me to my third point. If we look to some of our first world countries who have great alternatives in place already, we know that alternatives exist and many of them work effectively.

Some examples: 
France uses Simple Adoption compared to the widely used Plenary Adoption
In Australia, some states use Guardianship/Stewardship, Kinship Care/Out-of-Home-Care, and Permanent Care/Foster Care models which have been operating for many years now. 
Sweden is rewriting their social infrastructure to ensure that children’s rights are central.
A Swiss report that compared child protection systems internationally, provided 14 recommendations of what is necessary for “good practice”.
A recent Quartz report lists the best countries in Europe who are currently providing amazing family welfare programs. This sort of social infrastructure is often missing from poverty stricken birth countries. Helping them develop family support systems would go a long way to prevent the need for ever having to consider adoption.
There are also some experts in the field like Lori Carangelo whom we can turn to and understand what they consider as alternatives to adoption. More recently, a first-of-it’s-kind research has just been released by Karleen Gribble at Western Sydney University in which she surveyed impacted foster and adoptive people, asking what we preferred to plenary adoption. Her research has been given to the Australian government by AdoptChange, where you can access the whole report for free.

I believe asking about alternatives to adoption is one the most relevant questions we should be discussing in intercountry adoption. When this is properly discussed, it leads to the realisation that other solutions exist and that holding onto an outdated Plenary Adoption model is for no useful reason other than — because “we’ve been doing it like this for decades”. People don’t like change. Change costs money. Change requires a new mindset. We do know alternatives exist, we just don’t have the political will power to change the hugely profitable industry that has built up over decades to do what is right for the children and families involved.

Intercountry adoption is all too often portrayed as the ONLY saviour to a complex problem that gets simplified to marketing concepts such as “Orphanage vs Adoption” i.e., darkness vs light, death vs living. This portrayal is overly simplistic and to think of change, we need to move away from these all or nothing concepts.

Adoption in its current Plenary form should not be a solution today given we have alternative options and more importantly, ways to prevent the need for such an extreme solution. Plenary adoption should never be a first solution. If a community and family can no longer care for their children despite first being offered many preventative strategies, then Kinship Care, Simple adoption, Guardianship models do far better to protect the rights and interests of all involved. It’s time we discuss this question fully and to listen to those who live it from a broad range of experiences.

by Lynelle Long

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.

Thoughts on being a part of The Hague Illicit Practices Working Group

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I wrote this a couple of weeks after I returned from The Hague. I’d had some time to recover from jetlag and collect my thoughts and impressions after being involved at the HCCH Working Group for Preventing and Addressing Illicit Practices in Intercountry Adoption.

Click here to read the official communique.

I feel privileged to have been invited to represent adoptees and I acknowledge I am but one adoptee, and it’s impossible to capture everyone’s varying views on such an emotional topic. I do not represent all adoptees but I did my best to ensure that the views I shared were not just my own individually, but represented the years of conversations and discussions I have had with many intercountry adoptees and adoptee leaders who have connected into the ICAV network since it’s beginnings in 1998.

One of the biggest insights I had in participating, was of the mammoth task it is to try and bring together various countries and get them to “agree and co-operate” on such a complex topic, including all the nuances within. Before attending, I had a utopian idea of what happens at The Hague level. Sitting in the reality and hearing the various views of country representatives, sometimes vastly different, I realised the important role the Permanent Bureau team plays in being the “facilitator”! Their role is to remind countries of the underpinning frameworks (the UNCRC and the Hague Convention for Intercountry Adoption), make proposals aligned with these frameworks, and ensure government representatives can speak and be heard, equally and fairly.

There can be no denying that the UNCRC and the Hague Convention for ICA are far from perfect tools, but at least they create a forum like this – where the cooperating countries get together to discuss major issues. It also became clear there are differences, country to country, on interpretation about how to implement the framework, the resources available to do so, and the limitations of existing legislation. The thought that really hit home for me was: how do we adoptees address illicit adoptions from countries that haven’t signed up to the Hague Convention? Where is the forum for that? Who do we go to in order to be heard? The answer is, there is none. We have to approach each non Hague country separately through their government. They might not have a government department that has authority in this area or there could be multiple departments.

I now understand the Hague Convention for ICA evolved with the UNCRC. They were both negotiated around the same time by almost the same countries. Together they historically reflect the journey of understanding in intercountry adoption at government levels. Back then, in it’s infancy, The Hague Convention for ICA was the minimum that could be agreed upon. Since then and through forums like the Working Group, the States are encouraged to increase their safeguards where they can. We are left with the reality that this Working Group on Illicit Practices is bound by the limitations included in The Hague Convention for ICA.

I believe it’s positive to understand the differences between the UNCRC and The Hague Convention for ICA but not to waste our energies fighting over which is better or worse. I’m pragmatic and the way I view it is, they are not going away any day soon. We have to live with what we have. There is no other international government agreed upon forum that allows these specific issues in intercountry adoption to be discussed. Wouldn’t we rather be involved discussing these things then not be there at all? In attending this meeting, it does not say I condone the pitfalls of either frameworks but says I commit to gaining a better understanding, build relationships where I can, and try to influence in whatever way I can, to improve things for my fellow adoptees.

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June 2019 Working Group for Preventing & Addressing Illicit Practices in Intercountry Adoption

Governments vary in their experience of implementing intercountry adoption policy and practice. Some countries signed up very early to the Hague Convention, others have just joined, and others still are still in the process. I wonder what it would take for the Hague Convention in ICA to be able to “mature” i.e., change or be superceded to ensure better monitoring and implementation? Is it possible? Does it happen in other Conventions? From what I understand, it has never happened before. All countries would have to agree and it would take a special process called a Diplomatic Session created to negotiate a new convention to supersede the existing one. Expecting most of the 101 convention countries in today’s political climate to agree to further refine the existing Convention is utopia! Historically, conventions and treaties of this nature only change when the world goes through a major war. State parties to the Convention meet every 5 years (it is called a Special Commission) to discuss the practical operation of the Convention. However, although States are encouraged to apply the decisions made during these meetings, they are not binding because only the text of the Convention is binding. So I’m not saying it’s impossible but pointing out how much more work we have to do if this is what we want to achieve.

The reality of how difficult it really is to expect governments to tackle the topic of illicit practices in adoption became crystal clear during this trip. Firstly, at this level, to get every signatory country to acknowledge that illicit practices exists is a huge task and with this working group, we are already part way there. Then to get them to agree on how to respond, even if it’s only in theory and for Hague adoptions only, is a massive undertaking. The politics involved, the legislations that bind, the limitations .. I can see why it will take some time for change to happen and it is never “fast enough” for adoptees and families who live it! But at the same time, I was encouraged to see that there were 20+ countries committed to attend the meeting and give the topic well considered time, money, thought and effort. In adopteeland, it’s easy for us to portray governments in a stereotypical way — “uninterested”, “not wanting to help”, or jump to conclusions because it’s not the answer we want/need to hear!

I believe we need to do more relationship building with our governments where it matches i.e., if legal action is not being made against them and where they show a willingness to truly understand our perspective. We can try to understand the barriers they face, be open to understanding that they may want to do something about the past historic illicit practices in adoption, but understand it’s not a simple task – legislation and politics can often be their barriers. They are but one arm in the massive government machine of each country. I hope adoptee leaders around the world will, if you haven’t already, give your Central Authorities a call – try and build a relationship with them and help them learn from your lived experience about the challenges and issues you face.

I came away from the meeting with a harsh stack of reality for how big the task is to have illicit practices in adoption addressed and acknowledged, especially historical adoptions prior to the UNCRC and The Hague Convention on ICA. But I remain positive. Many of the attendees spoke to me about how much they gained from hearing an adoptee perspective. I communicated that some of us are willing to be involved to help them understand the nuances from our perspective and talking with the participants reminded me of how important it is, to not only build commonalities amongst adoptees, but amongst all the players who have a key role in effecting change.

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A Filipino Adoptee’s Plea to Not Be Erased

Dear Intercountry Adoption Board (ICAB) of the Philippines,

I’m a 33-year-old Filipino American adoptee and I refuse to be erased. I refuse to be ignored. I was born in the Philippines and it was not my choice to leave. But it is my choice to return as an adult and to regain my citizenship. Because, ICAB, I am still here. And I am a human being with civil rights and I deserve this choice.

To date, I’ve been requesting your assistance for dual citizenship and to also retrieve my Filipino birth certificate, but I haven’t heard back from you nor received support for my requests.

Why you, you ask? Why do I keep reaching out and consulting you? And, why is this important, you wonder?

I seek you out, ICAB, because you have been the keeper of my biological records. You have been the storehouse of my Filipino history and the last remains of my Filipino identity. You are the legal witness to my orphaned situation. You have been the writer and transcriber of my last remaining Filipino past. You have been the watcher, overseeing my welfare as I’d lived in an orphanage in the Philippines from infancy until I was two years old. You have been the manager of my international adoption process from the Philippines to the United States. You have been the selector, approving my very adoptive parents and sole caretakers.

You have been the landlord switching over my vacant Filipino estate to another country, transferring me to Holt International’s adoption process in the United States, for me to be naturalized. You are now my living treasury of the last of me, holding my human files, history, heritage and remaining rights of my birth country. So, please don’t ignore me now, when I need you most, to help me recover my history. You are the one that knows best, of what was lost. Please, don’t abandon me now.

I know I am just one adoptee, sharing a plea to not be erased. But one adoptee is vital to the Philippines, because one erasure, is an entire lineage of Filipino heritage and descent. One adoptee, represents all Filipino adoptees because neglecting one, is allowing a different administrative direction to take shape, and human values will be lost with this attitude and transaction of erasure. Neglecting one Filipino adoptee’s needs–will be lowering the bar for others. This action will degrade the virtues that all our adoption agencies, global humanities and civil rights reflect.

Please, grant me access to my Filipino birth certificate. Please, allow my information to be retrievable in an expedited manner, please don’t give me obstacles in my requests. Please, endorse me for citizenship since you are the only one who can prove my Filipino heritage. Please, support me. Please, listen to my needs today, and tomorrow. Please, assist me in trying to make a new pathway to citizenship and a better relation with immigration in the Philippines, because of what this action stands for. For, I am not just one Filipino adoptee, but all Filipino adoptees. And you are the last remaining world and glue holding all of our remains, together.

You, ICAB, are the keeper of all of our futures in the Philippines, and nobody else can govern our past and future citizenship but you.

Thus, today, I push for another step in reunion. Today, I push for more recognition of my human history. Today, I push for regulated acknowledgement of my civil rights. And today, I push for a pathway back to citizenship in my homeland, my motherland, my birth country from where I was born, in the Philippines.

This to date, is a vital goal as to why keeping all Filipino adoptee birth records and information legitimate, accessible and retrievable at all times is important. As in this collective, positively goal-minded action, we, together, keep ICAB erected with the intrinsic values that our global community and sense of Philippine Kapwa is built off of.

Dear ICAB, we will need to work together now, to be able to knit identity back together in the Philippines because the goal of adoption is not to give away, nor to erase, but to restructure, and to rebuild. Adoption is a positive solution, and so is this request, which aligns with the goal of all international adoptions.

The very nature of all adoption efforts combined, is compassion.

On a positive note, I can imagine Filipino adoptees able to give back what we’ve learned on our journey abroad. We are not entirely lost to the Philippines. We can relearn what it is we forgot having lived away from our birth country for so long. We can build new connections and relations with the culture of the Philippines, and regain a new sense of repurposed identity to help the Philippines become a stronger leader in diversity. We can help the Philippine and global economy. We can learn from each other. We can heal the past and that painful separation, with hope.

So please ICAB, don’t erase me. Please, don’t ignore me. Please, see me as still a part of our country, the Philippines, the homeland that had shaped my fate and the country I had been born into as a citizen, long ago. I implore you. Please, don’t forget what it is you’ve been responsible for, taking me in all those years ago. Please, don’t see my requests and questions today, as trivial. Please, don’t ignore my emails. Please, don’t ignore my heart’s calling to reinstate my civil rights to my birth country. I know I’ve been away for quite some time, but I’m still here, and I haven’t forgotten where I come from. Please, don’t give up on me, Philippines.

Because I refuse to give up on you.

Sincerely,
Stephanie Flood

Birth name: Desiree Maru
Birth country: The Philippines
Relinquishment: Day of birth in Cebu, Philippines
Orphanage circa 1985: Asilo de la Milagrosa
U.S. Adoption Agency used circa 1987: Holt International

New Connections

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At this current moment I’m flying thousands of kilometres through the air to reach my destination – The Hague, Netherlands. It’s going to take me 24 hours and you all know what that’s like – cramped in a stuffy space with people coughing, kids crying, airplane food, almost-can’t-turn-around-in spaces they call “toilets” and trying to sleep in those goddam chairs that don’t go back enough! Thank goodness I don’t do trips like this all the time! But it will be my first visit to the land of windmills, tulips and wooden clogs! Skippy Kangaroo Vietnamese girl meets canals, black stockings, and cheeses! Whatever will I get up to on my travel this week? I did promise my hubby I’d be on my best behaviour! (lol)

I am travelling because ICAV is invited by the Hague Conference on Private International Law (HCCH) to attend this week’s meeting. For ICAV it is a meeting of huge importance as it covers one of the massively complex and dark sides of intercountry adoption, for whom many of our members worldwide struggle with, because we have nowhere to turn for guidance and support. This meeting is The Working Group for Preventing and Addressing Illicit Practices in Adoption.

Historically, Brazil Baby Affair (BBA) and International Korean Adoptee Associations (IKAA) have been the only adoptee led groups invited to attend either a Special Commission Meeting (held 5 yearly) or a Working Group at the HCCH and it’s awesome to see the way has been paved now for ICAV, who brings together adoptees of many birth and adoptive countries. ICAV is one of the few forums that brings together many leaders of adoptee led groups from around the world.

On Monday, prior to the working group meeting, adoptee leaders and I are meeting with the HCCH to discuss what we would like to be put forward for the week. This is such a great opportunity for impacted adoptees of many backgrounds to now be visible at the highest level of government gatherings. This will open up the opportunity for governments to know that we who live it, want to be included and consulted on policy and practice that has created our lives.

My goal within ICAV is to ensure we learn the lessons from our past and to empower and create more opportunity for many voices to be heard from a wide spectrum of lived experience.

It will only by truly listening to and including all triad members, that those making decisions at government level, will have a deeper understanding of how their jobs impact our lives at both micro and macro levels and anywhere in-between.

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So I celebrate new connections! New connections amongst government people who live and breathe intercountry adoption daily in their job; new connections amongst my fellow peers for whom many of us work together via social media, but we seldom get to meet face to face because of our geographical distances. I celebrate the endless possibilities that can be created when we connect people together with a passion to turn our life experiences and the lessons learnt into a way forward that helps those historically impacted and those who might be impacted in the future.

This is also not to say this meeting or forum is the solution to the many known problems and pitfalls in intercountry adoption – we need all impacted peoples to get involved in various ways, big and small, to step up and take action in a way that’s meaningful to them. The forces that create intercountry adoption need to be tackled from many angles and ICAV does not judge to say which way is better, right or wrong. I personally believe in giving things a go – reaching out, creating connections and trying to influence where I can in a way that’s respectful and professional.

So stay tuned and let’s see where this path will take adoptee advocacy at intergovernmental level. I’m hopeful … but also realistic to know that international law and governments have their limits; I recognise resources are often the issue even though the passion and desire to change may be there. We can only work with what we have and try to make things somewhat better. As my adoptive mum often says of me, I’m one who reaches high for the clouds and by doing so, maybe I might get to Everest! And if not, well at least I gave it my best!

For a high level summary of what HCCH does, see here.

Special thank you to Laura at HCCH for her time in providing this information and for making it possible for ICAV and other adoptee leaders to attend this upcoming meeting because she listened to our requests and found a way forward!

 

 

The Lived Experience of Illicit Intercountry Adoption


This year, one of ICAVs goals is to bring to the forefront, the voices of those who have lived the experience of being illictly adopted via intercountry adoption practices. The experience of an illegal intercountry adoption is now recognised as “existing” by many of our governments and central authorities who facilitate the adoptions. ISS-SSI even provided a Handbook on Responding to Illegal Adoptions about this in 2016, including input from some with lived experience. However, it remains a fact today, that there are barely a handful of adult intercountry adoptees who have received appropriate support and assistance, whether that be emotional, financial, legal, or governmental liaison in response to their illicit adoptions.

What about illicit intercountry adoptions that are technically “legal” but are fundamentally unethical under international or other standards like the Palermo Protocol? The powers who control and regulate intercountry adoption do little to provide useful support to those who experience it.

In 2011, my adoptive country Australia, led the way in a working group at The Hague to developing cooperative measures for the prevention of illicit practices in adoption and they remain one of the few adoptive countries to develop a “protocol” for responding to allegations of child trafficking in adoption. However, this protocol response is severly limited in that it only acts to “review the adoption documentation” and yet it is often the documentation itself, that has been falsified and difficult to ascertain without other sources of information. Even IF documentation is proven to be false, what then? In cases like the Julie Chu Taiwanese trafficking ring where legal prosecution followed, there has been little to nothing done for the Taiwanese adoptees and their first families both in the adoptive and birth country’s. Shouldn’t those impacted be provided fully funded services to help them reunite, reintegrate and reconnect if they want this at any stage of their life? Or do they each have to pursue legal action in order to ever be compensated for their losses and legal implications? And what if they don’t want legal action but still want help?

In my time at ICAV, I have witnessed the lifelong growth that occurs developmentally for adult intercountry adoptees – first we start to explore our indivual journey but as we connect to fellow adoptees and peer support networks, we become exposed to the larger picture of intercountry adoption and the world-wide practice as it occurs today. The Hague Convention for Intercountry Adoption was designed to combat illegal adoptions but despite it’s ideals, it hasn’t been able to stop them altogether nor does it ensure adequate post adoption supports – especially for this specific segment of the intercountry adoptee population. Many critics say The Hague Convention has made the problem worse by masking the illicit practices under the guise of a “legal” adoption. As the adult adoptee population ages and matures, what I observe is a huge number, enmasse, of adoptees who are becoming actively involved in exposing the many illicit adoptions that have chequered its history.

South Korean adoptees like Jane Jeong Trenka have led the way in the fight for adoptee rights due to their historical place as the first babies enmasse in modern time to be exported in the largest numbers — but more recently there are those who pave the way for adoptees of other birth countries who have been illicitly adopted. Impacted adoptees such as:

  • Patrick Noordoven from Brazil Baby Affair who recently won his historical outcome of legal recognition that those adopted illegally had a right to their information; in general paving a way for other Brazilian adoptees from the Brazil Baby Affair period; and also a success with the Dutch court appointing an external commission to investigate intercountry adoptions in the past from Brazil but also including Sri Lanka, Bangladesh, Colombia and Indonesia;
  • Sanne van Rossen who released her ground breaking expose The Sadness from Sri Lanka (english translation avail this year) and the accompanying media coverage by Zembla which has effectively encouraged Sri Lankan adoptees all over the world to work together; Sanne’s work also led to official recognition of the Baby Farming era by the Sri Lankan government;
  • Alejandro Quezada who founded Chilean Adoptees Worldwide along with other Chilean adoptees are working with the Mothers of Chile who’s children were stolen or lost to adoption. Together they have pushed for a formal investigation into the illegal adoptions from Chile;
  • Marcia Engel at Plan Angel and other Colombian adoptees in the group are advocating to have illegal adoptions investigated officially;
  • Osmin Ramirez and his father’s historical Inter-American Commission on Human Rights outcome; plus other Guatemalan adoptees encouraged to work together in their group to provide support for all who are illegally adopted;
  • and Arun Dohle from Against Child Trafficking who has for decades exposed illegal adoptions out of India and many other countries.

What is to be the government and central authority responses to these enmasse occurrences of illicit adoption practices? For how long will they continue to ignore the voices of those impacted the most from a practical sense – helping them find their families and re-integrate back into their countries if this is their desire? How about funding the “lived experience organisation” who helps the most because they best understand the complexities? Or a “lived experience advisory group”?

I hope that by encouraging advocacy and helping to expose the voices of those who live it, we will see change – not only formally acknowledging the wrongs done, but to attempt to make ammends and provide much needed support for those forced to live it. It is one thing to acknowledge the terrible practices of the past and attempt to avoid repeating them into the future, but it is another to address the current issues and provide support for those who have lived a lifetime resulting from past practices.

Today, I present to you the story of Mariela who has lived the experience of being illegally adopted from Guatemala to Belgium. This is an example of one person’s lived experience of illicit intercountry adoption. We look forward to sharing soon our new project to bring together many more voices like Mariela’s!

We can only ever fully understand the full complexities of illicit intercountry adoptions by listening to those who live it!

Lynelle Long