Preventing and Addressing Illicit Practices in Adoption | InterCountry Adoptee Voices (ICAV)

January 13, 2021February 12, 2021

Restore Haitian Adoptee Connection to their Biological Parents

by Sabine Isabelle adopted from Haiti to Canada.

Restore the links between adoptees from Haiti born as unknown parents and their biological parents.

The dark side

Before April 1, 2014: date of the signing of the Hague Convention in Haiti. Thousands adopted without identity were adopted internationally with a mention born of an unknown mother and father or sometimes the first name of ‘only one parent. Among her children, several were unfortunately entrusted to non-full adoption through human trafficking of all kinds. Some children simply want to find their biological family because they feel they do not have access to their medical history, their legitimate identity.

Studies have shown that many children from adoptions live with traumas with psychological impacts ranging from suicide to neurodevelopmental effects that are due to their adoption. Several have been entrusted to benevolent adoptive families but ill prepared to welcome a child weakened by the injury of abandonment, moreover many of these have experienced a double abandonment of their adoptive parents by being placed in a reception center or a second adoptive family.

A tiny fraction of biological parents are slowly starting to find their biological children. Some testify that they did not knowingly give their children for adoption, but may rather have confided the assets temporarily and that on their return to the orphanage the child had been given up for adoption without their consent and without any possibility of information to find contact with this children in other cases of biological parents were told that the biological parent was dead when it is false and so many other situations not to all named. This is a child who was adopted said without real identities and / or without identities of their 2 biological parents was not beyond a reasonable doubt, adoptable. Surveys, theses, and numerous testimonies also show that only 10% of these children were in fact really orphans. Since some of us are now old enough to take steps to find our biological families, we are amazed to witness all these hidden defects.

Another problem is on the horizon: failures to be helped by the various establishments such as: orphanage, hospital that asks us to donate sums of money to obtain our legitimate information … So here we are newly confronted with so-called Good Samaritans who offer us to carry out our research for them also a sum of money, a unstructured and corrupt circle that continues. It’s a call to villainy. How do you distinguish the good from the bad foreign Samaritan? We have and will leave an empty legacy of identity that we will leave to our children and our future generations. As the pioneers of this experimental generation on international adoption in Haiti we ask for your support in all its forms in order to restore the balance.

Original submission in French

Rétablissont les liens entre les adoptés d’Haïti nés sous l’appellation de parents inconnus et leurs parents biologiques.

Le côté sombre

Avant le 1^er avril 2014 : date de la signature de la convention de La Haye en Haïti .Des milliers adoptés sans identité ont été adoptés à l’international avec une mention nées d’une mère et d’un père inconnu ou parfois le prénom d’un seul parent . Parmi ses enfants, plusieurs ont été confié malheureusement à l’adoption non plénière à travers un trafic d’humain de tout genre. Certains enfants veulent tout simplement retrouver leur famille biologique puisqu’ils estiment ne pas avoir accès à leur antécédents médicaux, leur identité légitime.

Les études ont démontrés que plusieurs enfants issues de c’est adoptions vivent avec des traumatismes ayant des impacts psychologique allant du suicide aux effets neuro développementaux qui sont due à leur adoption. Plusieurs ont été confiés à des familles adoptives bienveillantes mais mal préparées à accueillir un enfant fragilisé par la blessure d’abandon, d’ailleurs nombreux de ceux-ci ont vécu un double abandon de leur parents adoptif en étant placé dans un centre accueille ou une deuxième famille adoptive.

Une infime partie de parents biologiques commencent tranquillement à retrouver leur enfants biologique. Certain témoignent ne pas avoir données leur enfants à l’adoption en tout connaissance de cause mai plutôt les avoirs confiés temporairement et qu’à leur retour à l’orphelinat l’enfant avait été donné en adoption sans leur consentement et sans aucune possibilité d’information pour retrouver le contact avec cette enfants dans d’autres cas des parents biologiques se sont fait dires que le parent biologique était mort alors que c’est faux et tant d’autres situation pour ne pas tous les nommés. C’est enfant qui ont été adoptés dit sans réel identités et/ou sans identités de leurs 2 parents biologiques n’était pas hors de doute raisonnable, adoptable. Des enquêtes, thèse, et nombreux témoignages présentent également que seulement 10 % de ces enfants étaient en fait réellement orphelins. Puisque certain de nous sommes maintenant assez âgés pour entreprendre des démarches de recherche pour retrouver leur famille biologique, nous assistons avec stupéfaction à tous ces vices cachés.

Un autre problème est à horizon ; fautes de se faire aider par les diverses établissement tel que ; orphelinat, hôpital qui nous demande de donné des des sommes d’argent pour obtenir nos renseignements légitime… Nous voilà donc nouvellement confronté à de soi-disant bon samaritains qui nous offre d`effectuer nos recherche moyennant eux aussi une somme d’argent, un cercle sans structure et corrompus qui se perpétue. C’est un appel à la villigence .Comment distinguer le bon du mauvais samaritain étrangé ? Nous avons et nous laisseront un héritage identitaire vide que nous laisserons à nos enfants et nos futures générations. En tant que pionniers de cette génération expérimentale sur l’adoption internationale sur Haïti nous demandons votre soutien sous toutes ses formes afin de rétablir l’équilibre.

August 8, 2020October 28, 2020

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!

June 30, 2019November 28, 2020

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

I wrote this a couple of weeks after I returned from The Hague. I’d had some time to recover from jetlag and collect my thoughts and impressions after being involved at the HCCH Working Group for Preventing and Addressing Illicit Practices in Intercountry Adoption.

Click here to read the official communique.

I feel privileged to have been invited to represent adoptees and I acknowledge I am but one adoptee, and it’s impossible to capture everyone’s varying views on such an emotional topic. I do not represent all adoptees but I did my best to ensure that the views I shared were not just my own individually, but represented the years of conversations and discussions I have had with many intercountry adoptees and adoptee leaders who have connected into the ICAV network since it’s beginnings in 1998.

One of the biggest insights I had in participating, was of the mammoth task it is to try and bring together various countries and get them to “agree and co-operate” on such a complex topic, including all the nuances within. Before attending, I had a utopian idea of what happens at The Hague level. Sitting in the reality and hearing the various views of country representatives, sometimes vastly different, I realised the important role the Permanent Bureau team plays in being the “facilitator”! Their role is to remind countries of the underpinning frameworks (the UNCRC and the Hague Convention for Intercountry Adoption), make proposals aligned with these frameworks, and ensure government representatives can speak and be heard, equally and fairly.

There can be no denying that the UNCRC and the Hague Convention for ICA are far from perfect tools, but at least they create a forum like this – where the cooperating countries get together to discuss major issues. It also became clear there are differences, country to country, on interpretation about how to implement the framework, the resources available to do so, and the limitations of existing legislation. The thought that really hit home for me was: how do we adoptees address illicit adoptions from countries that haven’t signed up to the Hague Convention? Where is the forum for that? Who do we go to in order to be heard? The answer is, there is none. We have to approach each non Hague country separately through their government. They might not have a government department that has authority in this area or there could be multiple departments.

I now understand the Hague Convention for ICA evolved with the UNCRC. They were both negotiated around the same time by almost the same countries. Together they historically reflect the journey of understanding in intercountry adoption at government levels. Back then, in it’s infancy, The Hague Convention for ICA was the minimum that could be agreed upon. Since then and through forums like the Working Group, the States are encouraged to increase their safeguards where they can. We are left with the reality that this Working Group on Illicit Practices is bound by the limitations included in The Hague Convention for ICA.

I believe it’s positive to understand the differences between the UNCRC and The Hague Convention for ICA but not to waste our energies fighting over which is better or worse. I’m pragmatic and the way I view it is, they are not going away any day soon. We have to live with what we have. There is no other international government agreed upon forum that allows these specific issues in intercountry adoption to be discussed. Wouldn’t we rather be involved discussing these things then not be there at all? In attending this meeting, it does not say I condone the pitfalls of either frameworks but says I commit to gaining a better understanding, build relationships where I can, and try to influence in whatever way I can, to improve things for my fellow adoptees.

June 2019 Working Group for Preventing & Addressing Illicit Practices in Intercountry Adoption

Governments vary in their experience of implementing intercountry adoption policy and practice. Some countries signed up very early to the Hague Convention, others have just joined, and others still are still in the process. I wonder what it would take for the Hague Convention in ICA to be able to “mature” i.e., change or be superceded to ensure better monitoring and implementation? Is it possible? Does it happen in other Conventions? From what I understand, it has never happened before. All countries would have to agree and it would take a special process called a Diplomatic Session created to negotiate a new convention to supersede the existing one. Expecting most of the 101 convention countries in today’s political climate to agree to further refine the existing Convention is utopia! Historically, conventions and treaties of this nature only change when the world goes through a major war. State parties to the Convention meet every 5 years (it is called a Special Commission) to discuss the practical operation of the Convention. However, although States are encouraged to apply the decisions made during these meetings, they are not binding because only the text of the Convention is binding. So I’m not saying it’s impossible but pointing out how much more work we have to do if this is what we want to achieve.

The reality of how difficult it really is to expect governments to tackle the topic of illicit practices in adoption became crystal clear during this trip. Firstly, at this level, to get every signatory country to acknowledge that illicit practices exists is a huge task and with this working group, we are already part way there. Then to get them to agree on how to respond, even if it’s only in theory and for Hague adoptions only, is a massive undertaking. The politics involved, the legislations that bind, the limitations .. I can see why it will take some time for change to happen and it is never “fast enough” for adoptees and families who live it! But at the same time, I was encouraged to see that there were 20+ countries committed to attend the meeting and give the topic well considered time, money, thought and effort. In adopteeland, it’s easy for us to portray governments in a stereotypical way — “uninterested”, “not wanting to help”, or jump to conclusions because it’s not the answer we want/need to hear!

I believe we need to do more relationship building with our governments where it matches i.e., if legal action is not being made against them and where they show a willingness to truly understand our perspective. We can try to understand the barriers they face, be open to understanding that they may want to do something about the past historic illicit practices in adoption, but understand it’s not a simple task – legislation and politics can often be their barriers. They are but one arm in the massive government machine of each country. I hope adoptee leaders around the world will, if you haven’t already, give your Central Authorities a call – try and build a relationship with them and help them learn from your lived experience about the challenges and issues you face.

I came away from the meeting with a harsh stack of reality for how big the task is to have illicit practices in adoption addressed and acknowledged, especially historical adoptions prior to the UNCRC and The Hague Convention on ICA. But I remain positive. Many of the attendees spoke to me about how much they gained from hearing an adoptee perspective. I communicated that some of us are willing to be involved to help them understand the nuances from our perspective and talking with the participants reminded me of how important it is, to not only build commonalities amongst adoptees, but amongst all the players who have a key role in effecting change.

May 20, 2019May 18, 2019

New Connections

At this current moment I’m flying thousands of kilometres through the air to reach my destination – The Hague, Netherlands. It’s going to take me 24 hours and you all know what that’s like – cramped in a stuffy space with people coughing, kids crying, airplane food, almost-can’t-turn-around-in spaces they call “toilets” and trying to sleep in those goddam chairs that don’t go back enough! Thank goodness I don’t do trips like this all the time! But it will be my first visit to the land of windmills, tulips and wooden clogs! Skippy Kangaroo Vietnamese girl meets canals, black stockings, and cheeses! Whatever will I get up to on my travel this week? I did promise my hubby I’d be on my best behaviour! (lol)

I am travelling because ICAV is invited by the Hague Conference on Private International Law (HCCH) to attend this week’s meeting. For ICAV it is a meeting of huge importance as it covers one of the massively complex and dark sides of intercountry adoption, for whom many of our members worldwide struggle with, because we have nowhere to turn for guidance and support. This meeting is The Working Group for Preventing and Addressing Illicit Practices in Adoption.

Historically, Brazil Baby Affair (BBA) and International Korean Adoptee Associations (IKAA) have been the only adoptee led groups invited to attend either a Special Commission Meeting (held 5 yearly) or a Working Group at the HCCH and it’s awesome to see the way has been paved now for ICAV, who brings together adoptees of many birth and adoptive countries. ICAV is one of the few forums that brings together many leaders of adoptee led groups from around the world.

On Monday, prior to the working group meeting, adoptee leaders and I are meeting with the HCCH to discuss what we would like to be put forward for the week. This is such a great opportunity for impacted adoptees of many backgrounds to now be visible at the highest level of government gatherings. This will open up the opportunity for governments to know that we who live it, want to be included and consulted on policy and practice that has created our lives.

My goal within ICAV is to ensure we learn the lessons from our past and to empower and create more opportunity for many voices to be heard from a wide spectrum of lived experience.

It will only by truly listening to and including all triad members, that those making decisions at government level, will have a deeper understanding of how their jobs impact our lives at both micro and macro levels and anywhere in-between.

So I celebrate new connections! New connections amongst government people who live and breathe intercountry adoption daily in their job; new connections amongst my fellow peers for whom many of us work together via social media, but we seldom get to meet face to face because of our geographical distances. I celebrate the endless possibilities that can be created when we connect people together with a passion to turn our life experiences and the lessons learnt into a way forward that helps those historically impacted and those who might be impacted in the future.

This is also not to say this meeting or forum is the solution to the many known problems and pitfalls in intercountry adoption – we need all impacted peoples to get involved in various ways, big and small, to step up and take action in a way that’s meaningful to them. The forces that create intercountry adoption need to be tackled from many angles and ICAV does not judge to say which way is better, right or wrong. I personally believe in giving things a go – reaching out, creating connections and trying to influence where I can in a way that’s respectful and professional.

So stay tuned and let’s see where this path will take adoptee advocacy at intergovernmental level. I’m hopeful … but also realistic to know that international law and governments have their limits; I recognise resources are often the issue even though the passion and desire to change may be there. We can only work with what we have and try to make things somewhat better. As my adoptive mum often says of me, I’m one who reaches high for the clouds and by doing so, maybe I might get to Everest! And if not, well at least I gave it my best!

For a high level summary of what HCCH does, see here.

Special thank you to Laura at HCCH for her time in providing this information and for making it possible for ICAV and other adoptee leaders to attend this upcoming meeting because she listened to our requests and found a way forward!