It has come to my attention that the US Senate and Congress members have recently been sending letters to push for their agenda in intercountry adoption. The first I attach here to Assistant Secretary Carl Risch requesting attention to recommit to one of the purposes of the Intercountry Adoption Act, “to improve the ability of the Federal Government to assist” families seeking to adopt children from other countries.
The second I attach here to Secretary of State Michael Pompeo requesting resources and focus to address the waiting families wanting to bring home their children with COVID restrictions.
While I appreciate the Senate and Congress members sentiments to get involved and highlight the importance of these issues, it frustrates me that on the one hand these letters are written, using all of the power between them as a collective, yet I have not seen such a letter to push for the Adoptee Citizenship Act 2019 (ACA). For the past 5 years, I know our dedicated intercountry adoptee leaders – Joy Alessi from Adoptee Rights Campaign and Kristopher Larsen at Adoptees For Justice and their teams have been working tirelessly, trying to get Senators and Congress people to support the much needed and overdue Adoptee Citizenship Act 2019 (ACA). We need enough Senators and Congress members to support the Adoptee Citizenship Act 2019 because there are gaps left from the Child Citizenship Act of 2000 that resulted in intercountry adoptees prior to 1983 being left without automatic citizenship.
I gotta ask the obvious question here: why won’t American politicians get behind the Adoptee Citizenship Act (ACA) yet they will use their political force to push for more adoptions? It is the very same Intercountry Adoption Act 2000 that’s cited by them to get support amongst the Federal Government to assist newly desiring adoptive families to build their families, but yet – for the historic families who once sought to adopt children, who find themselves decades later, without citizenship for their children (now adults) – there is no permanence and no political leadership to address the problem. Isn’t it rather distorted that the powers to be will focus more attention on getting new children in without having made sure the ones already here, have stability, permanence and citizenship? What is adoption if it isn’t to ensure permanence, which is fundamentally about citizenship in intercountry adoption? Let’s also not forget every beneficiary of the Adoptee Citizenship Act (ACA) was already vetted at entry and promised citizenship. The Adoptee Citizenship Act (ACA) seeks to cover adoptees who entered on adoption purposed visas (IR4) otherwise known as legal permanent residents.
I feel for my adoptee colleagues who work tirelessly, pushing what feels like an uphill battle to gain the support needed to address this long overdue issue. Why aren’t letters like this being written to ICE or USCIS and to all the top level government officials including the President, who have the connections to influence these important decisions?
I don’t have the answers to my questions, I simply ask them because I hope others are too. We need Senators and Congress members to take leadership on the issue of automatic citizenship for the thousands of intercountry adoptees, now adults, who are living in suspended animation. These adoptees have been asking American leaders to represent their cause and help them overcome what feels like an insurmountable barrier – to be considered rightful citizens of their adoptive country. This right seems to be obtainable in every other adopting country – except the United States of America!
As an adult intercountry adoptee, having been outspoken now for 20 years in ICAV, I’ve often wondered whether my intercountry adoption was legitimate or not. That means asking questions like: did my Vietnamese parents really understand the legal concept of “adoption” and relinquishment? Were they offered any other types of support to keep me? Given I came out of war torn Vietnam, was my status really as a true orphan with no surviving parents or family? Was family and kin reunification even attempted before I was adopted out to Australia? And what about any attempts to place me in my own home country first? One day I hope to find the answers to these questions if I’m lucky enough to be reunited with my biological family.
I’m sure other fellow intercountry adoptees ask themselves similar questions at some stage in their life. These are the realities we face as we grow older, mature in our understandings of the complexities of intercountry adoption, and grapple to integrate our realities with the worldwide politics that created our lives, as we know it today.
To consider oneself as trafficked as an intercountry adoptee is challenging because of the legal definition which cuts us out and doesn’t allow any legal scope to take action against the perpetrators.
Human trafficking is the illegal movement of people, within national or across international borders, for the purposes ofexploitation in the form of commercial sex, domestic service or manual labour.
Trafficking in intercountry adoption certainly exists but we cannot take legal action because of the fact that no international law or framework exists to allow us to be legally considered as “trafficked” unless we can prove we fit the criteria of “exploitation for sex or labour”.
Yet within intercountry adoption, the degrees to which we can be trafficked can vary immensely. There are those who have:
outright falsification of documentation and were stolen from their birth families, sold into intercountry adoption for profit, where legal action was taken against those who profited and it was demonstrated in a court of law, that wrong doing had transpired.
documentation that could appear suspicious but at the time not questioned further; demonstrated years later to be inconsistent or incorrect.
paperwork that appears legitimate, but at reunion decades later, the story from birth parents does not match in any way the documentation provided by the adoption agency / facilitator.
no identity paperwork exists due to having been a “lost” child and with little attempt to reunify back with family, we became sold/transacted via intercountry adoption.
Where does the spectrum of having been “trafficked for intercountry adoption” start or end? Difficult to discuss when the concept is not allowed to exist in law. Even ISS International’s best practice learnings from these types of scenarios don’t label it “trafficking”, but refer to it as “illegal adoptions” in their Handbook. And out of the conclusions and recommendations in that handbook, the question has to be asked how many of the Hague signatories have a process to enable biological family, adoptive parents, or adult adoptees who suspect illicit practices (i.e., trafficking) be given any type of support or process – financially, legally, or emotionally?
On 7 December 2017, ICAV facilitated a small group of 7 intercountry adoptees representing India, Taiwan, and Sri Lanka to request the Australian Federal Government, via Department of Social Services (DSS), consider providing some financial support to those who have been trafficked in various degrees. For these adoptees, no amount of money is ever going to compensate for their losses and trauma directly brought on by the degree of trafficking they have endured. Not to mention their biological family! But we can at least ask that some forms of restorative justice be provided by the powers to be who facilitate adoptions and allow it to continue.
There is no way of ultimately fixing the dilemma caused by trafficking in intercountry adoption because adoption IS legally binding, despite the existence of cases of successful prosecution against those who falsified documents.
Sadly, the only legal case that can be made in intercountry adoption for known trafficking is for falsification of documents. The perpetrators get a slap on the wrist, some jail time, and a small fine (compared to how much they profited). In comparison, what does the adoptee or biological family get? Nothing. Not even services to help them move through and past this unnecessary trauma.
I want to raise awareness of the impacts trafficking has on those adoptees who have to live it, forever. Their voices are unheard and diminished by those who advocate for adoption. Their experiences go by without us learning from the mistakes and putting in place much needed processes and international laws to prevent further injustices like theirs. For them, even when the perpetrator is punished by law, they as adoptees are left to live the consequences with NO recognition of what they’ve had to endure. There is NO justice for them.
Please read Roopali’s story. Hers is an example of living the lifelong consequences of an adoption in which it appears her first parents did not voluntarily consent, nor was she a true orphan, and she was old enough to be listened to and given a choice. Her story gives voice to the extra challenges endured directly as a result of having been “trafficked” to some degree. She was brave enough to share her story to the Australian Government with ICAV in 2015 when we met the Prime Minister’s Senior Advisors. There was not a single dry eye in the room, we were all so affected by the obvious trauma she endures day to day. Trafficking of vulnerable children via intercountry adoption needs to stop!
I hope Roopali’s story encourages others to speak out and demand from their governments that action towards legal recognition of “trafficking” via intercountry adoption AND restorative justice needs to occur.
Someone recently asked if I could provide a short statement on these questions:
What does it mean to be adopted?
How does it feel?
And what is it like not knowing who your mother (parents) is?
I struggled to contain my answer in one paragraph but did … and then I decided I’d share the long version because at its essence, this is what we adoptees struggle with and wish others could understand better.
For me, being adopted has meant that I was once abandoned for whatever reason. Mine was in the context of the Vietnam War so I can almost cognitively accept there was a valid reason – perhaps my mother died in the war during childbirth or perhaps my whole family got blown up in a bomb. I still vividly remember watching Heaven and Earth – a film about a Vietnamese woman in the Vietnam War and I had a strong empathy for the atrocities many Vietnamese women went through, especially the ones who’s babies were cut out of their mothers stomachs and the women raped by soldiers. My heart ached for whether that might have been my mother’s situation and I overcame my sadness of why I might have been given up with the reality that – perhaps my mother went through more trauma and loss than I did.
The possibilities of why I was given up are endless and almost comforting to know she probably didn’t give me up because of being pregnant out of wedlock as in Korea or because of a 1-child-policy as in China. Perhaps it was poverty as is the case in many other sending countries like Ethiopia. But at the end of the day, I can rationally see children do get abandoned and some are legitimate orphans … and in a war torn situation like mine, domestic adoption, foster care or other alternatives were just not possible at the time due to everything being in chaos with no stable government to ensure the citizens of that country get looked after.
I do believe when we are old enough to understand the political and economic situations surrounding our adoptions – it impacts how we adoptees view intercountry adoption. For me, I’ve never seen myself as against all forms of adoption because of my situation where in a war torn country there’s almost a legitimate reason for why intercountry adoption was needed. I do question aspects of the Operation Babylift concept which occurred after I was adopted – in particular the speed at which it happened, the lack of clarification of the children who were sent abroad as to their real status, how they were selected, and the politics involved – I dare say if Operation Babylift were done today it would be seen as mass Child Trafficking and receive huge criticism by Child’s Rights activists around the world! Indeed Operation Babylift was controversial in an era were intercountry adoption was in its infancy.
For the Korean adoptees today from a Western mindset, seeing generations of babies being sent abroad because of stigma against single unwed women, one can understand why as a Korean adoptee you would become fiercely critical of adoption! The same will apply for the generations of Chinese adoptees being sent abroad to solve their country’s population problem via intercountry adoption. Adult adoptees from these sending countries will inevitably grow up to ask the question – what did the Government do to assist these babies to be kept in their birth country rather than being conveniently shipped off via intercountry adoption where millions of dollars are saved from having to find a solution in-house? What about the Rights of The Child? In countries like Guatemala, Cambodia, and Ethiopia families have been ripped apart from the corruption and greed of baby sellers under the guise of intercountry adoption – of course these adopted children will grow up to have an opinion of what happened on a massive scale and question why the governments of their own birth country and receiving country did little, early enough, to stop more adoptions when there were plenty of indicators that children were being adopted out without any proper oversight or ensuring they were legitimate orphans.
So the question of what does it mean to be adopted starts with the abandonment concept but then depending on which sending country we come from, gets layered with other social, political and economic issues about why our birth countries allow us to be adopted, layered yet again with how our adoption into another family and culture really turns out, and in the minority of cases, layered again if we can be reunited. Complications arise naturally from the actual adoption in whether we are lucky enough to be placed in an appropriate family with support, empathy and help to navigate the complexities of our life at different stages of development – e.g. were we raised in a multicultural setting to allow us to assimilate and not feel like racially isolated; was adoption openly talked about; was it acceptable to express our feelings of grief and not knowing about our first families; were we allowed to be ourselves or were we subconsciously having to live the life our adoptive parents wanted and meeting their subconscious needs; were we supported in returning to our country of origin and wanting to search for information?
Some of us are not so lucky in obtaining the “awesome adoptive parent” lottery ticket and so our being adopted takes centre stage in trying to understand why we deserved mistreatment and hurt (intentional or not) from our adoptive families and only serves to add to our vulnerabilities and feelings of helplessness from being abandoned. For those of us who have fantastic adoptive families, I dare say we can move quicker through the minefield of trying to understand what being adopted means because we received the love and nurturing that is necessary to flourish and develop healthy self esteem and racial identity – but it’s still not an easy journey even with the best of parents.
So essentially how does it feel to be adopted? The best analogy I could come up with as an adult adoptee now in my 40s, is it’s like peeling away layers of an onion.
You move thru’ life wonderfully for a while and then hit a new layer that stings the eyes and heart.
It takes time to absorb the meaning of one’s abandonment and loss at each new layer and level, and our identity evolves slowly over time.
As time progresses, we realise what these layers are and accept them instead of wanting to run away and escape them. Once we get to understand this, we are able to move through these layers with less disruption to the whole of our lives. For me, adoption has become less of an issue the older I get because I’ve slowly been able to integrate all these facets and complications into my sense of who I am and why I am.
It’s such a complicated thing to try and explain what it is like to not ever know one’s first mother and father. There’s the not knowing in terms of facts – their names, histories, race, and language. Then there’s the gut feelings of sadness and grief and the why’s of “why we aren’t with them?” Then there’s the “well – who am I then” without being able to answer any factual questions.
When I was younger and before I learnt to stop running from the feelings of grief and loss, I would long for my mother. I recall looking into the starry sky at night and wonder if my mother ever thought of me or missed me as much as I did her. I would dream of her leaving me on a dusty road and me crying out, “wait!” I realise now I was full of grief in my years under 10.
I missed a mother I couldn’t put a face to, but one to whom I felt innately severed from.
There is no doubt in my mind and after reading The Primal Woundand watching documentaries likeIn Utero, that it is true – we do bond in utero with our mothers and we feel disconnected if we never hear her voice or feel her around us again. I couldn’t really come to allow myself to trust my new mother (my adoptive mum) and I see now as an adult how hard this must have been for her. In my child mind, if mother can disappear than I’d better learn to be self reliant and not trust any other mother. I know my adoptive mum tried to show me she loved me but it’s just I couldn’t psychologically let her in. When did it change? I think it wasn’t until in my mid 20s when I did some therapy with an amazing woman (yes, I knew I had to find a female therapist to assist me in my unhealed “mother” work)! I finally learnt to trust a woman and allow my buried grief to surface – to share that very real and deep pain of being separated from one’s mother – with another “mother figure”. It was really only then I could totally embrace my adoptive mother, allow myself to connect and share who I was without being afraid I’d lose myself or somehow be disloyal to my first mother, and understand the three of us were connected.
The not knowing is just my reality. I haven’t known any different. Its like everyone else gets given a cup that’s full of water but my cup is empty and I need to have a drink. Its a basic biological fundamental that our bodies need water! But how do I fill the empty cup and even if I figure it out, will it be enough to satiate the thirst? Normally water quenches the thirst just like having knowledge of our parents and our family heritage gives us the basis/starting point for our identity.
For adoptees like myself who have no facts to go by, the not knowing is like starting to write a book or film without doing any research to ascertain the history in order to create the setting/scene. It just begins with us and it can feel like we are adrift in a huge ocean. There is nothing to shelter against and no other life lines we can connect to to stop us drifting and getting washed around. I had many moments during my life where I felt like I might get toppled over and disappear forever beneath the huge waves. I honestly don’t know what I hung onto to survive – maybe sheer will power, maybe some resoluteness within me to find the answers and make sense of it all. Maybe it’s what still drives me today – to find meaning to my solitary existence. But the reality today is, I realise I’m not alone at all. There are many of us, thousands, sitting alone on our ocean amongst the waves … by connecting each individual together with the bigger picture, it helps make collective sense to our meaning and purpose and what we can achieve.