Attached is our latest Perspective Paper that provides our lived experience input on suggestions for How Authorities and Bodies could Respond to Illicit Adoptions in Englishand French.
Huge thanks to all our 60+ participating adoptees and adoptee organisations, 10 adoptive parents & adoptive parent organisations, and first family representation!
Extra special thanks and mention to two amazing people: Nicholas Beaufour who gave a huge amount of time to translate the entire English document into French! Coline Fanon who assisted our one and only first family member to contribute! We so need to hear more often from the voices of our first families!
Hello everyone. My name is Jessica Davis. My husband and I adopted from Uganda in 2015. I would like to share my thoughts regarding a memory that appeared on my facebook timeline.
If you are at all familiar with timehop on facebook you know that almost daily either a photo, video or post from your past will show up on your timeline giving you the opportunity to reflect and share. Well, today this is the photo that popped up for me.
Four years ago today, we found out Namata’s visa was approved to come to America with us. As westerners, we tend to love pictures like this when it comes to adoption and in some ways that is understandable. If Namata had actually needed to be adopted, it would’ve definitely been a photo worth getting excited over!
The problem is that all too often, we want things to be just like this picture. Everyone smiling and things wrapped up neat and tidy. But real life, even in this moment pictured here, things aren’t always as they seem. Adam and I were definitely happy in this moment and ready to be home and begin our life together, and on the outside Namata was too. But on the inside, she was about to leave everything and everyone familiar to her, for reasons she was too overwhelmed by to even question. Thankfully, over the next year she was able to express to Adam and I her questions about how she ended up being adopted. Thankfully, Adam and I didn’t go looking for the answers we wanted to hear. We chose a road that was definitely filled with uncertainty, but one we hoped would lead us to the truth. Namata deserved that!
Intercountry adoption should never be about doing a good deed in the world or becoming a mom or dad. Yes, those reasons are normal and usually are the basis for beginning the process, but at the point when one begins the process to adopt, we need to recognize that those feelings are all about the adoptive parents and not the child or children we are hoping to adopt. Adoption for them stems from a complete loss of everything and everyone familiar to them. Recognizing this is vital to a healthy adoption process. I’m convinced we, as a society, have made adoption all about becoming a family. When we do this we tend to see adoption in this happy light that doesn’t allow the adoptee the freedom to express what adoption actually is for them — loss. There should be absolutely no focus on becoming “mom” or “dad”. While I do believe it can become a natural outcome through a healthy adoption scenario, I believe it needs to come when, and only if, the child feels that connection.
I often get asked how Adam and I did what we did when we chose to reunite Namata with her family in Uganda. While there are several factors that contributed to being able to do this, the main reason was that Adam and I had both committed to meeting the needs of Namata. Finding out that she had a loving mother and family that she was unlawfully taken from, made the decision for us. As a parent I could never have lived with myself knowing I was contributing to the Ugandan sized hole in Namata’s heart. Her family and culture should never have been taken away from her in the first place. I’m eternally grateful now looking back that even in the midst of our heartache in losing one of the most amazing little girls I’ve ever met, we were given the opportunity to make things right!
Currently, there is no legal precedent for situations like ours. There are kids here in America that have been kidnapped, their families lied to, and their adoptions produced from bribes and manipulation. There are families in Uganda, and all over the world that hope daily, just see their children, siblings, grandchildren, nieces and nephews.One way to address this madness is by fighting for intercountry adoption laws to be reformed. Another way is to help change the narrative behind intercountry adoption. Within our churches, social circles and places of business, we need to recognize that intercountry adoption has become infiltrated with money and greed. When we read the statistics that say 80-90% of children in orphanages overseas have families, we need to be doing more to ensure we aren’t contributing to a system that is actually tearing families apart. There are many Facebook groups and websites that delve into the intricacies behind intercountry adoption. Join these groups and visit these pages to learn. Appeal to legislators for change and become a person that stands up against these horrible miscarriages of justice.
Are you an intercountry adoptee who has been adopted via illicit means? Are you a family of loss to an illicit intercountry adoption? Are you an intercountry adoptive family who received a child into the family adopted via illicit means?
What can be learnt from these experiences and what do we recommend for Governments and non- Governments, as a better response and support?
This project is the first of its kind to collect the triad voices of those impacted by illicit intercountry adoptions and will be in support of and underpinned by reference to the international standards of the CRC, the Optional Protocol (Sale of Children), and the Palermo Protocol.
WHAT YOU CAN PROVIDE
We want to hear your lived experience of having been adopted via illicit means, having lost your child, sibling or relative to intercountry adoption via illicit means, or finding out that the child you received in your family was adopted via illicit practices.
Your story can be in English, French, Dutch or Spanish with an unlimited word length.
Your story can include:
name(s) (pseudonym, original, adopted),
country of birth of the person who was adopted illegally or via irregular means,
process of adoption and/or illegality/irregularity,
source (if any) that demonstrates illegality/irregularity,
impact statement including your needs & rights and to generations,
what has been the response so far from various stakeholders (agencies, governments, peer network, alliedhealth professionals, triad members),
and your recommendations on how various organisations (government and non government) could betterrespond, including services that currently exist (or don’t exist).
We welcome all voices of those impacted: adoptees, adoptive families and families of loss. If you would like to be involved, please send your experience to us at ICAV email@example.com or Contact ICAV.
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;
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!
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.