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.

Alternatives to Adoption?

#3 ICAV Blogger Collaborative Series for 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

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

ICAV Symbol Logo

 

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.

2019 HCCH Illicit Practice Working Group.JPG
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

netherlands icons

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

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.

The Crying Girl

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How the Korean Government Fails

I was stationed in Korea for eight years and have made more than a dozen trips to Korea since I left in 2007. During my last visit to Itaewon, I came across a small bronze statue of a girl sitting on a chair, next to an empty chair, located at the stoplight intersection closest to the US military base. I read the inscription on the plaque and learned that the statue of a young girl wearing a traditional hanbok with clenched fists commemorates the estimated 200,000 girls and women who were forced into prostitution to service the Japanese during WWII.

Currently, there are 40 comfort women statues erected in and outside of South Korea, located in the United States, Canada, Australia and China. The statue is a visible reminder of the abhorrent pain and suffering the Japanese brought upon so many lives. It’s believed that three-quarters of all comfort women have already died and those that survived, told unspeakable accounts of torture.

In recent years, many comfort women have been outspoken and demanded apologies and reparation for what they endured. In 1994, the Japanese government set up a public fund called the Asian Women’s Fund (AWF) to provide compensation to the countries where the Japanese had occupied during the war and enslaved the women for sexual exploitation. In recent years, there has been a public outcry by the Korean citizens against the Japanese government for sweeping this gross violation under the rug. The Japanese government has never officially recognised nor apologised for the exploitation of women in this manner.

Comfort Women
The original monument to former “comfort women” who served as sex slaves for Japanese soldiers during World War II — sits in Itaewon district as well as in front of the Japanese Embassy in Seoul

The Japanese could learn how to do the right thing from their WWII allies. The German government has apologized for their atrocities during WWII and they’ve erected a Memorial to the Murdered Jews of Europe in Berlin. The US government apologized five times to the American Japanese for their involvement in rounding up citizens and sending them to internment camps. Furthermore, the US House and Senate apologized for their wrongdoings to their own citizens, apologizing for slavery and the Jim Crow laws that enforced segregation in the United States.

However, this story doesn’t end with the Japanese. I agree that the comfort women deserve both an apology and reparation for their pain and suffering. I believe this is the proper thing to do. But I want to point out the hypocrisy of the Korean government as they use the same tactics and verbiage of the Japanese government as to how they also deal with the issue of the 200,000 children displaced through intercountry adoption. Korean society ignores that adoptees suffer from adoption trauma as well as a moral injury. Many of my fellow adoptees can remember being forced on planes and sent into the arms of strangers. The psychological damage for many adoptees go beyond that one experience and the US Department of Health and Human Services study estimates the percentage of adopted people seen in mental health settings fall within the range of 5 to 12%, or 2.5 to 6 times the percentage of adopted children in the general population.

Adopted people are nearly four times more likely to attempt suicide, according to a study  published in the online journal of Pediatrics. The Institute for Family Studies learned through their studies that adoptees are more likely to have difficulties through school and are four times more likely to repeat a grade and three times more likely to be expelled from school. The rosy outcomes promoted by pro-adoption groups in the US and elsewhere are very misleading. The media largely ignores the adoption stories that are about death, rape, abuse and neglect. Numerous adoptees have endured horrific lives, not unlike those of comfort women.

Like the comfort women, adoptees are being ignored by the same government that caused the initial pain and suffering. Adoptees are asking for honesty when their histories are being shared. They ask for honesty and transparency.  It’s statistically impossible for all adoptees to have been abandoned and left on doorsteps of every police station in Seoul.

Adoptees have taken matters into their own hands and have become videographers, sharing their stories and showing the flaws in the records and the stories that were told to them. The truth may be that the records of children were switched at birth or exchanged with other children who had more favorable stories.

Adoptees are speaking out and want to be told the truth even if it means there is nothing in our files. The government programs providing assistance to adoptees are largely run by Korean Nationals and have little to no input from adoptees. How can the largest stakeholder have no voice in designing the programs that are meant to support them?  Doesn’t it make sense for the Korean government to hire Korean adoptees to support fellow Korean adoptees?

The red tape and lies don’t stop here. Numerous Korean families have been outspoken because they were given lies and the run-around when they enquire to find their children sent abroad. Furthermore, the organizations supposedly providing support to Korean adoptees are largely tone deaf and not motivated to provide assistance. I met a Korean adoptee who was diagnosed with liver failure and when he turned up for assistance, he was given little to none and died a slow and painful death.

Sadly, that is not an isolated case. Adoptees who are stranded and deported to Korea have reached out to the Korean government for resources and support. They were met with a plethora of demands from the Korean government in order to obtain assistance. Individuals with possible learning difficulties or prior formal educational experience were expected to pass Korean language classes to receive benefits. The benefits given were not enough for these adoptees to meet their basic needs. These adoptees then turned to their adoptee peers to pay for basic necessities such as food and clothing. I know this from first hand experience.

I met an adoptee just prior to his death and I have worked with adoptee-led organizations who raise funds to support the deported adoptees in crisis in Korea. I have also met with adoptees who erected the statue in memory of murdered adoptee Hyunsu O’Callaghan. The reality is that the real work for adoptees still comes from fellow adoptees.

Truth

3 NOV 15 Korean Herold article stated: “Kang Tae-in, a representative of a group of Korean birth families, said it was untrue that most birth parents don’t want to be found. He said many members of his group have tried to search for their children, only to be insulted and lied to by adoption agencies”.

The Korean government imposes restrictions that make it hard for adoptees to find their biological families. Adoptees have been forced to resolve issues on their own. A group of Korean adoptees got together to start a non-governmental organization (NGO) called 325KAMRA, largely funded by Thomas Park Clement, a Korean adoptee sent to America. 325KAMRA was formed because there was no consolidated DNA database widely available for Korean adoptees around the world to search for their biological families. There are approximately 150,000+ Korean adoptees in America and 50,000+ Korean adoptees in Europe – many of them wish to find biological family in Korea.

The South Korean Police have a separate database that started in 2004 and it has been used largely for missing people. Adoptees can access this but only if their adoption paperwork states that they were not given up by their parents. According to a news article in 2013, this police database had 24,764 samples from “missing people (mainly people with intellectual disabilities at institutions) while only 1,732 family members of missing persons had registered their DNA in this database. As of 2013, since 2004 there had been only 236 cases of reunion (children under age 14 (110 cases) and disabled (112 cases)).

325Kamra has been extremely successful compared to the closed system established in Korea.

325KAMRAAs of November 2018, 325KAMRA has enabled 70 adoptees to be re-connected with biological families through DNA matches, genetic genealogy and DNA detective work. Moreover, there have been at least 100 matches to close family members using autosomal DNA tests. That means 170 Korean adoptees have found biological family through the use of autosomal DNA tests in the last three years. This is 72% of what the Korean police database yielded in over a decade. To date, Thomas Park Clement and 325Kamra have distributed over 4,700 DNA kits to Korean adoptees – primarily in the United States, Europe and Korea.

3 NOV 15 Korean Herold article states: “According to the law, one can access their birth records without their birth parents’ permission only if the birth parent is dead or cannot be found, or the adoptee has a medical condition or other reason for doing so.”

I personally think the Korean government needs to be reminded of their own obligations. We should use the same tactics that have been used by the Korean government against the Japanese. We should erect statues by every comfort woman to remind them that another group of individuals is also being overlooked.

I recommend we erect a statue of a younger girl squatting on the ground in her hanbok crying. The girl is crying is because she is forcibly removed from her homeland and exported to a foreign country via intercountry adoption. It’s a girl because a larger percentage of adoptees sent out of Korea are females.

If we don’t speak out, then the Korean government will continue to reduce the support promised for adoptees. To date, the Korean government has already slashed operating expenses which funded adoptee programs – programs such as the travel exchange program that facilitated the return to homeland for adoptees. What also needs fixing is the loopholes in Korea’s legal system. For example the 2012 Adoption Law gives adoptees the right to petition for their birth records but the same request cannot be granted to biological parents wanting to search.

Korea can be a beacon for other countries involved in intercountry adoption but there is still much work that needs to be accomplished.  It will require adoptees to speak up and petition the Korean government in order to make real changes. I pray we can accomplish this before all our parents pass away.

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Further Reading (articles cited):

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4475346/
https://www.theatlantic.com/health/archive/2015/10/the-adoption-paradox/409495/
http://crimemagazine.com/adoptees-who-kill-examining-psychological-societal-and-criminal-justice-ramifications-adopted-child
https://www.medscape.com/viewarticle/810625
https://www.economist.com/united-states/2017/06/24/adoptions-in-america-are-declining
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4009388/
http://koreajoongangdaily.joins.com/news/article/article.aspx?aid=3042845
Be Tenacious – How to get your Identity Back
http://www.koreaherald.com/view.php?ud=20151103001182

 

 

The Rights of the Child

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The rights of the child
The unspoken truths
The words that are said
That are all in her head

But why am I different
She hears herself cry
But at six years of age
She can’t understand why

Why her eyes aren’t blue
Like her mum or her dad’s
Why their hands are so light
And hers darker than night

She holds on tight
So she doesn’t get fright
Of the ‘white’ she has in her mind’s eye
The reflection she fights

Oh how she wishes
That she was the same
And the phrase, “You’re so Lucky”
Was only a game

The rights of the child
So lost in herself
She looks to her mum’s smile
And continues to dial

Into the fight
The fight to be seen
To be heard,
To delight into the night

Instead of the
Ok, YES!
It’s a oh, NO!
She was given up
And not worth the fight

For I was too dark
To be able to stay
In my mum’s arms
And was given away

Adoption you see
Is so very cruel
It constantly haunts you
And doesn’t play by the rule

The child who looks
To her mum’s lovely smile
And then to her dad’s Jewish nose
Then feels hers and it’s all stumped and closed

But why she asked
Why do I not match?
Not even close
Not in fingers or toes

Yet the authories chose
My destiny my path
My life
And all of my heart

At age six that day I asked
And the answers
Made my heart go all dark
And cold with sadness

The answers gave me news
That I wasn’t enough to stay
But lucky enough to
Be given away

My coffee coloured skin
Simply didn’t fit in

Yet everyday I will smile
behind gritted teeth
Smile at a world
that is simply a trial
Of loss of hope, rejection and denial

Denial of existence of my worth
And persistence

I will continue to search
For a reason
Not to give in
And choose to love, laugh and keep on breathin

My beautiful son
All blonde and blue eyed
Asked me my question
Mummy why are you different

And I had to listen
To my heart break in time
As my story unfolds
And I try to explain

Why my parents are white
Again and again
And the two mums I now have
Instead of just one
I have two granny’s from your two mums?

Oh fuck the confusion
For when you are six
Everything is so real
To the rights of the child
It’s such a big deal

And now I stand
at 43
Still disillusioned
At my family tree

Where do I put it
What do I do
With the knowledge
I just wouldn’t do

So I say
Down with adoption
And up with support
The rights of the child
Please don’t abort

Your ideas that a mother
Can be supported
To stand tall with her child
So they are transported

Away from a life that is full
Of confusion and pain
A life of ‘could have been’ shadows
And constant rain

I wish I couldn’t see the difference between
My mother and my father
And why oh why
I simply didn’t fit in

The rights of the child
I will never deny
The need to be heard
Seen and observed

In your quest for information
If I could now see
That young six year old
Hold her tight so she sees

She is loved as she is
Despite being lost
She is loved as she is
And her heart may defrost

From the pain that she’s had
For the walk to come
To find her place
Where her song can be sung

For those that now know me
Stay close to my heart
I know I’m fiesty flamboyant
And private and harsh

With my tongue
That can rip you apart
With my anger and pain
Please do not dart

From the rights of the child
I will never deny
The truth above all
Will surface and cry

The rights of the child
And to all of your hearts
I love you all dearly
But it’s me where I must start

Written by CVerite on 12 July 2018
a transracial UK based adoptee

Where is the Outrage?

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It’s interesting to watch and read what goes on within the USA, the largest adopter of children internationally, into so called “forever homes”.

I’ve seen a plethora of internet articles from people and organisations who espouse saving children from their desperate situations or institutions and are upset that intercountry adoption numbers have plummeted in the past 15 years to the USA. Check out the latest from the National Council FOR Adoption by Chuck Johnson and by Elizabeth Bartholet, Harvard Law Professor.

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I’m guessing these proponents barely hear the voices of adult intercountry adoptees who live it and can share what the experience has been like growing up in the USA or elsewhere, and whether we should be calling for more intercountry adoptions or to save the business or not — especially without learning lessons from the past.

I asked adult intercountry adoptees are we upset that intercountry adoptions to America (and elsewhere around the world) have plummeted? Should we make the process less stringent, with less balances and checks via government oversight, allowing private agencies to do as they had in the past? Membership within ICAV, an informal worldwide network of adult intercountry adoptee leaders and individuals who advocate for the needs of intercountry adoptees, answered with a resounding NO to both questions.

Why? Because many of us live the reality knowing intercountry adoption is not as simple as what the proponents try to gloss over. Adult intercountry adoptees talk openly about wanting to prioritise and ensure children are never stranger adopted internationally when families, social structures for support, or extended family and communities exist within their birth country.

Adoptees celebrate that intercountry adoption numbers have plummeted!

The reasons for numbers plummeting is complex and specific to each sending country, but overall we see our birth countries finally starting to create better alternatives for vulnerable families and are coming to understand their most valuable resource is their children! Imagine where our birth countries would be, if instead of exporting us, they’d kept us, raised us and been able to access resources from our adoptive countries?

Perhaps our birth countries have realised intercountry adoption doesn’t always equate to a “better life” for vulnerable children. Point in case are the thousands who sit fearful of deportation in the USA because if adopted prior to 1983, they are still not granted automatic citizenship. Intercountry adoptee led organisations, like Adoptee Rights Campaign, will tell you that US Congress and President don’t appear too outraged by the citizenship situation which intercountry adoptees face! Certainly not a lot of jumping up and down or drawing attention to this fact either by Bartholet or Johnson!

I hear from adult intercountry adoptees daily from all over the world. Many of our lived experiences, especially those who manage to find biological family, learn that often our adoptions were faciltiated because our biological families were not offered financial or social supports at the time. Then there are some cases (too many for my liking to ever thoughtlessly promote adoption) where our biological families were coerced, given false expectations e.g., education, without fully understanding the consequences of legal “relinquishment“.

As an adult intercountry adoptee, I do not see adoption agencies as “saviours” but rather as “exploiters” – financially benefiting from our vulnerabilities.

As adult intercountry adoptees, we prefer more government oversight and taking of responsibility for the lifelong journey of adoption! In the past, our adoption agencies have not always done the right thing: in preserving the truth of our origins, in ensuring we are true orphans, in making sure no undue financial gain from the adoption transaction, in providing adequate post adoption support for the duration of our life, etc. In the past, our birth and adoptive governments have sometimes (often) turned a blind eye to the troubles persisting that give intercountry adoption it’s legacy of illegal adoptions. We as adult intercountry adoptees could never state enough how necessary it is to have independent oversight of any intercountry adoption process with direct and real input from those who live the experience, the adoptees themselves!

Lessons learned from the past should include a country only taking us on via intercountry adoption IF they can also provide the much needed comprehensive and lifelong support services to ensure positive outcomes and a guarantee of permanency! This should include free psychological counselling, free search and reunion, free DNA testing, free returns to birth country, free translation services, etc.

A country should only give us away if they can also provide the much needed comprehensive and lifelong support services to our biological families who face the consequences for generations of having relinquished their children.

The emotional, social, financial and generational impact that relinquishment has on a birth family and country has never been studied!

As intercountry adoptees we face relinquishment not only from our biological families but also from our birth country. We live the emotional consequences of those decisions throughout our lifetime. We often question why the money spent on our adoption process could not have been provided to our biological family to facilitate us to remain with them, therefore giving the whole family better life options and resources.

What's Missing?.jpg

I hope this blog will stimulate questions and thoughts about what’s missing from one-sided articles that proponents like Bartholet and Johnson promote. Instead of Bartholet asking “Where is the outrage over the institutionalised children denied adoptive homes?”, we should be asking these questions instead:

  • Where is the outrage that vulnerable families are not given adequate support to prevent them from institutionalising their children?
  • Where is the outrage for the children (now adults, some with children themselves) who were intercountry adopted to the USA prior to 1983 and are still denied permanency (i.e., Citizenship) via intercountry adoption?
  • Where is the outrage over the institutionalised children being intercountry adopted and denied their human right to grow up in their own birth land – knowing their culture, language, values, customs, religion, and family heritage?
  • Where is the outrage over the insititutionalised children who are intercountry adopted to countries like the USA, who end up in abusive or worse situations that should be prevented if agencies did adequate education and screening? In my mind, this is exactly why the US State Dept should be heavily overseeing all accreditation of adoption agencies and ensuring families are adequately prepared – and most importantly, implementing measures when an agency fails.

What is not in the child’s best interest, is to experience adoption disruption because of failure by adoption agencies who are rarely held accountable for adoptions that fail to provide for a child’s safety and well being, for their lifelong journey!

Bartholet, Johnson and other proponents of adoption write articles that fail to address the lived experiences of the hundreds of thousands of intercountry adoptees around the world, who can tell you what we think about plummeting numbers in international adoption. We can also share where we believe the focus should be to address the real issues.

What I find fascinating and inspiring are the adult intercountry adoptees who spend their life creating and maintaining ventures that provide support to one’s country, without taking away their most precious resource – their children via intercountry adoption. Ventures like NONA Foundation in Sri Lanka to help young women and girls who are disadvantaged, Foster Care Society in India focused on creating alternative forms of care, Family Preservation 365 in the USA, 325Kamra who provide free DNA tests to Sth Korean families in the attempt to reunite them, Centre for Social Protection of Children in Vietnam to help special needs and disadvantaged children obtain an education.

We need the focus to be more about keeping families and societies together and we should be celebrating when intercountry adoption declines — because it should always be the last resort for vulnerable families and countries, as per our human rights!

Family Preservation