Next week on 4-8 July, the 104 signatory countries of the Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption will gather online together at the Special Commission meeting to discuss Post Adoption and Illicit / Illegal Adoption matters. It is a significant event that happens usually every 5 years and this marks the first time there will be broad representation of intercountry adoptees attending as Observers. Historically since 2005, International Korean Adoptee Association (IKAA), the network representing Korean adoptee interests has been the only adoptee organisation to attend. In 2015, Brazil Baby Affair (BBA) was the second adoptee led organisation to attend with IKAA. Due to COVID, this current Special Commission meeting was postponed and over the past years, I can proudly say I have helped to spread the knowledge amongst adoptee led organisations of HOW to apply and encouraged lived experience organisations like KUMFA (the Korean mothers organisation) to represent themselves. This year, we proudly have 6 adoptee led organisations representing themselves and their communities. We have progressed!
Back in 2015, I wrote the blog titled Why is it Important to have Intercountry Adoptee Voices on this website. Many times over the years I have advocated about the importance of our voices being included at the highest levels of government discussions. So I say again, our voices are immensely important at these highest levels of adoption policy, practice and legislation discussions.
Some critics might say we change nothing in intercountry adoption by attending these meetings, however, I would like to suggest that merely seeing us represent our adult selves in numbers, helps governments and authorities realise a few key points:
We grow up! We don’t remain perpetual children.
We want to have a say in what happens to future children like ourselves.
We help keep them focused on “who” we really are! We are not nameless numbers and statistics. We are alive people with real feelings, thoughts and a myriad of experiences. Their decisions MATTER and impact us for life and our future generations!
We help them learn the lessons from the past to make things better for the future and remedy the historic wrongs.
We are the experts of our lived experience and they can leverage from our input to gain insights to do their roles better and improve the way vulnerable children are looked after.
One of the advantages of the framework of the Hague Convention, is that it creates opportunities like the upcoming Special Commission where adoptees can have visibility and access to the power structures and authorities who define and create intercountry adoption. Domestic adoptees lack this framework at a global scale and are disadvantaged in having opportunities that bring them together to access information and people which is important in advocacy work.
I’m really proud of our team of 8 who are representing ICAV at this year’s meeting. I have ensured we cover a range of adoptive and birth countries because it’s so important to have this diversity in experiences. Yes, there’s still room for improvement, but I’ve been limited by people’s availability and other commitments given we all do this work as volunteers. We are not paid as government or most NGO participants at this upcoming meeting. We get involved because we are passionate about trying to improve things for our communities! Equipping ourselves with knowledge on the power structures that define our experience is essential.
Huge thanks to these adoptees who are volunteering 5 days/nights of their time and effort to represent our global community!
Abby Forero-Hilty (adopted to the USA, currently in Canada, born in Colombia; Author of Colombian adoptee anthology Decoding Our Origins, Co-founder of Colombian Raíces; ICAV International Representative)
I’m not expecting great changes or monumental happenings at this upcoming meeting, but it’s the connections we make that matter whether that be between ourselves as adoptees and/or with the various government and NGO organisations represented. Change in this space takes decades but I hope for the small connections that grow over time that accumulate and become a positive influence.
The next few posts will be sharing some of the key messages some of our team put together in preparation for this Hague Special Commission meeting on Post Adoption Support and what the community via these leaders, wish to share. Stay tuned!
I’m very excited and feeling hopeful after hearing Belgium’s recent news, that their Minister has announced his intention to ask Parliament to suspend all adoptions for the next 2 years as a result of their investigation into intercountry adoptions.
Surrounded by incredible adoptee leaders around the world, I know how much effort has gone into getting intercountry adoptee rights to where we are today. News like this does not in any way solve or fix the issues we face but it is at least the beginning of having recognition of the wrongs done — with governments and authorities stepping up to confront the truth that we’ve been talking about for decades. Acknowledgement is the first step of many!
Belgium isn’t the first adoptive country to do so. The Netherlands announced their moratorium on all intercountry adoptions earlier this year in February and published their report. Switzerland announced their report from investigating past practices relating to Sri Lankan adoptions and they are being urged to provide reparation to the victims. Sweden also announced their intention to investigate their illegal intercountry adoptions. And yesterday, the Belgium Minister announced his recommendations to be considered by Parliament. You can read here the full Expert Panel report.
But for some countries we still have work to do
It seems that finally some governments are listening to our lived experience and have decided to no longer turn a blind eye. But even though these 4 have listened, I want to also remind you that there has been much work and years of effort gone into other countries who still haven’t come to the “acknowledgement table”. In France, the adoptees there have had huge support in their petition to have the French Parliament conduct an investigation into their historic intercountry adoptions. In Denmark, the adoptees from Chile have been working with the government to have their adoptions investigated.
In my adoptive country Australia, I have been speaking out and advocating for supports for impacted adoptees and families and for recognition of the abuses in Australia for many years. In fact, it’s been over a decade already and I remember in my early years representing adoptees at NICAAG where Julia Rollings (adoptive mum) and I tabled this issue at the beginning in 2008 and asked that the issue be addressed. More recently, I have also presented a small group of 8 impacted adoptees to meet with our Central Authority, DSS in 2017 asking for very specific supports. However, to this day, those adoptees have still been ignored and dismissed. Despite having very clear cases of illegal activity where perpetrators have been criminally convicted and jailed (e.g., the Julie Chu cohort in image below from Taiwan), nothing has been offered for the adoptees or their families to help them deal with the extra complexities of their illegal adoptions. It’s as if these impacted adoptees don’t exist and Australia hopes the problem will fade away while they face far more important issues, like COVID-19 or an upcoming election.
It is time authorities around the world step up and take responsibility for the processes and structures that ruptured our lives via adoption – for good and for bad.
Intercountry adoption has followed the path of domestic adoption
In intercountry adoption, we are seeing the same pattern where country after country the governments are acknowledging the wrongs in their domestic adoptions. Canada leads the way by providing financial compensation to their victims of the Sixties Scoop. Australia has already provided a formal apology for the women and babies who were impacted under the Forced Adoption era — but are still as yet to be offered any form of compensation. Australia also just announced their compensation for the Indigenous Aboriginals who were forcibly removed and placed into white families under the Stolen Generation. It is interesting that the Australian government can acknowledge these past practices but doesn’t recognise the very close similarities with our historic intercountry adoptions. Ireland as a government has only this year recognised the wrongs and provided a formal apology to the mothers and children who suffered in Babies Homes from forced adoptions. Ireland is also baulking at offering compensation.
What about our birth countries?
Very few of our birth countries involved in our illicit and illegal adoptions have taken any action either. Guatemala, Ethiopia and Russia are the main ones that come to my memory where they stopped all intercountry adoptions because of irregularities — but they too have failed to provide impacted adoptees with services or compensation to recognise the wrongs done to them. Some of them have sentenced perpetrators but their sentence rarely ever matches the depths of their crime.
Let’s have a quick overview at how perpetrators have been sentenced to date:
That the majority of perpetrators in intercountry adoption get away with mild convictions demonstrates the lack of legal framework to protect us. And despite the fact that very few perpetrators in intercountry adoption are ever caught, let alone sentenced, one still has to ask, where is the support for the victims?
The American Samoan Adoptees Restitution Trust is the ONLY restorative justice program I’ve come across, establishing a fund provided by the perpetrators to facilitate connection to birth family and country. But the funds provided have been extremely limiting considering how many people are impacted and out of those impacted adoptees, only 1 was enabled to return to their natural family. Have governments even considered whether intercountry adoptees wish to be repatriated back to their birth country?
What level of responsibility should governments bear?
Many articles have been written about the problems in intercountry adoption via the irregularities in processing us for intercountry adoption, but the most critical issue that governments need to respond to, is our right to identity.
“Article 8 of the UN Convention on the Rights of the Child (CRC) notes that a child has a right to identity including a name, a nationality and family relations. Whenever a child is deprived of one of these elements, States have an obligation to restore the child’s identity speedily. At the heart of any intercountry adoption (ICA) is the modification of a child’s identity given at birth.” — CHIP
In summary our report explains what the majority of us want. We each independently submitted our thoughts without knowing what the other was submitting. Here are the top 3 suggestions we raised :
A change to intercountry adoption laws to ensure a legal framework exists for which illicit practices can be prosecuted against. Currently there is none.
An independent investigative body so we aren’t expecting the governments and adoption authorities to “investigate” themselves. Currently that’s what happens.
Fully funded support services for victims. Currently there are huge gaps in general post adoption supports let alone supports specific to being trafficked. Not one country in the world currently provides any sort of trafficking support for adoptees or their families — both adoptive and natural, but especially for natural families who rarely have a voice on the global arena.
I observe the Netherlands who are still working on their National Centre of Expertise might be including support services specific to trafficking victims, so too it appears from the Belgium report they are trying. But supports for trafficking victims needs to be comprehensive not just a DNA or a general counselling service. In our report, we list in full what this support needs to include: legal aid; counselling; financial aid; funded lived experience support groups; family tracing; DNA testing and professional genealogy services; travel support; language classes; translation services; mediation services; culture and heritage supports.
Why can’t adoption be a “happily ever after” story?
People mistakenly think that intercountry adoptees have to be unhappy in their adoption to want to fight for justice. It is not true.
We can be happy in our adoptive life and country but also be unhappy with how our adoptions were conducted and rightfully expect that everything be done to restore our original identities and help us to reconnect with our natural families who have lost us via intercountry adoption.
Our voices have been fighting for decades for our right to origins, to make amends for our lost identity, to have the illicit and illegal intercountry adoptions recognised for what they are – the commodification of children. We need this crazy system to stop, it’s been going on for too long. We are not a small number, estimates vary but we definitely are in the hundreds of thousands globally and possibly a few million.
It’s time for the truth and hopefully long term, we might see some reparative and restorative justice for us and our families. In the meantime, myself and fellow adoptee leaders continue to work hard for our communities globally! Onward and upward! I hope one day to be able to write about our “happily ever after” story, once we get justice and recognition for the wrongs done.