Is Adoption Really the Best Option?

A transracial adoptee from Haiti weighs in

by Judith Alexis Augustine Craig adopted from Haiti to Canada.

Judith’s orphanage photo – Haiti, 1979

Since the announcement of Judge Amy Coney Barrett as the new nominee for the Supreme Court there has been intense scrutiny of her politics, religious views and her family. As a Haitian adoptee myself I took great interest in the discussions around her adopted children from Haiti. There were many questions about legitimacy of her adoptions, particularly her son who was adopted following the Haitian earthquake. This particularly struck a cord with me, because following the Earthquake there was a lot of questionable removals of Haitian children.

I was interviewed by several media outlets following the Earthquake and this question was raised continuously. At the time my response was direct. I was aware that many children had been legally adopted but were waiting for the government to approve the process so they could join their adoptive families abroad. I felt in light of the situation it was appropriate for those children to be allowed to join their families immediately. The challenge became for those children who were ‘presumed’ to be orphans following the earthquake and were ‘rescued’ by many international agencies who scooped them up and removed them from Haiti without verify if they were truly orphans or if there were alternative family members for the children to live with. We watched in horror as children were flown out of Haiti within a week following the Earthquake and then learnt that they were not orphans, nor were they apart of an adoption process and worse still had families. In addition, we saw members of a religious group try and illegally cross the border to Dominican Republic with Haitian children none of whom were orphans. These are merely a few examples of illegal child abductions which occurred directly following the Earthquake.  

Many people felt these international religious organizations or NGO’s were doing right by removing these children from this horrific natural disaster, instead the opposite was true. These children had just experienced extreme trauma and now faced another trauma being removed without warning, consent or preparation. The International Social Services (ISS, 2010) stated that intercountry adoption should not take place in a situation of war or natural disaster when it was impossible to verify the personal and family situations of children.1

The sad reality is that black market international illegal adoptions continue to thrive worldwide, with children either being kidnapped from their parents or parents being coerced into relinquishing their children. They are persuaded to do this amid false promises that they will be educated abroad and then returned to their family or that their families will be able to join them in the future. This has resulted in many countries either closing their borders to international adoption all together or implementing stricter regulations.  

Haiti followed suit and introduced stricter measures banning private adoptions, limiting the number of international adoptions per year, closing substandard orphanages and rewriting the adoption code. Additional measures included more support for families in Haiti prior to them agreeing for their child to be adopted and a mandatory period of time for families to change their mind.2

While some fear these new restrictions will mean that the 50,000 children in orphanages will languish in care, reform is absolutely necessary to protect children and their families’. During my trip to Haiti while I was searching for my biological family, I met dozens of families who had relinquished their children years earlier many under false pretences and never heard or saw them again. It was heart-wrenching to see these families in such pain and anguish over their lost children. Many of the ‘orphans’ in Haiti are placed in orphanages due to economic hardships their families are experiencing. Leaving their children at an orphanage is intended for a short period of time while they stabilise their lives. Many parents have every intention to return to resume caring for their children. Imagine the horror when they found their child was adopted abroad. So, what is the solution?

As a social worker for the past 15 years I have worked in developed countries with intricate child welfare systems that support children and their families who experience a wide range of challenges. Foster care systems do not exist in Haiti in this same manner and this is an area that could provide much needed temporary support for families. While this approach will require further education for the Haitian community and a financial and practical commitment from the government it will keep families together and prevent unnecessary and illegal adoption.

While I can’t speak to the specific circumstances surrounding Judge Barnett’s adoptions, I am hopeful that they were legal and above aboard. My greater hope is that further transformation within the international adoption system will continue to occur so that families can remain together wherever safely possible and reforms will continue to protect the rights of children and their families. Adoption should be a last resort, when all other avenues to keep children within their family is fully exhausted and supported.

References

  1. Intercountry Adoption after the Haiti Earthquake: Rescue or Robbery?
  2. Haiti fixes adoption system, but some fear too few adopted

Dear Dad, You are Still Racist

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

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

Mae, 15 years ago

Dear Dad,

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

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

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

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

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

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

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

Urgency.

Saviorism.

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

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

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

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

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

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

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

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

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

We become props.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

#AdoptionIsNoFairytale

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

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

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

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

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

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

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

#ADOPTIONISNOFAIRYTALE
#ADOPTEEMOVEMENT
#STOLENIDENTITY
#ACTIVISMFORADOPTEES

#ADOPTEERIGHTS
#JUSTICEFORADOPTEES

PLEASE SHARE!

The Right to Identity

by Maria Diemar, born in Chile raised in Sweden. You can access her blog at I Own My Story Maria Diemar where she published this on Aug 23.

The right to one’s identity,
is it a human right?
Is it a human right for everyone?

Where you belong,
the circumstances you come from,
is this important to know?

Is it possible to delete a person’s background?
Would you consider deleting another person’s background?

What is illegal?
What is unethical?
What are irregularities?

In last few years, I have discovered more and more of my history.
From discovering that I am Ingegerd Maria Olsson in the registers in Chile,
to realise that I can vote,
and renew my passport from 1975,
to understanding that it seems like I never left Chile the country where I was born.

According to my Chilean passport,
I live on a street in a business district in Rancagua.
According to other documents,
I live with a social assistant in Santiago.
We are probably more than 400 children living at that address:
Monseñor Müller 38.

I “live” in Chile, and I live in the United States.
I am in the electoral register in Chile,
and in Sweden I have a Swedish passport and can pick up a Chilean passport when I like.

My birth was never registered at the hospital where I was born.
I’m a child of no-one.
Instead of a birth certificate,
a protocol was written in which strangers testified that I was born on my birthday.

In Chile, I am registered as an orphan
because a Swedish woman, Anna Maria Elmgren, arranged and enrolled me in the register in Chile.
I have a Swedish name in the Chilean register.
I’m Ingegerd Maria Olsson in Chile.

I am a orphan
but I have a mother in the documents from the court in Temuco.
In the documents from the court, I have a mother.
A mother who gives me away.

I was 44 years old when I did a DNA test,
then I realised that I’m Mapuche.
I’m from an indigenous people.

To be a child of Indigenous people,
this detail is something that someone forgot to mention.
A detail that isn’t too important.
Or is it?

Is the right to one’s identity a right for everyone?
Who decides this?

#adoptee #adopted #stolen #Ilegal #adoption #Chile #victim #trafficking #Sverige #Adoptionscentrum #Sverige #adopterad #chileadoption #nomassilencio #humanrights #justice #mapuche #Wallmapu

Lived Experience Suggestions for Responses to Illicit Adoptions

On 8-10 July, ICAV was invited as an Observer at the HCCH Working Group on Preventing and Addressing Illicit Practices in Intercountry Adoption.

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 English and 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!

Adoption: Neat & Tidy? Not So Much!

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.

Davis Family.jpg

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.

About Jessica

Illicit Intercountry Adoption Project

ICAVs collaborative project, named: Lived Experiences of Illicit Intercountry Adoption. Who it Impacts & What we Recommend is looking for participants.

ABOUT

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,
  • adoptive country,
  • 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 contact@intercountryadopteevoices.com or Contact ICAV.


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

Degrees of Being Trafficked in Intercountry Adoption

trafficking.jpg

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 of exploitation 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.

restorative justice

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.