This editioned set of 50 silkscreened prints by Benjamin Lundberg Torres Sánchez responds to the UN’s Resolution on the Rights of The Child (12/18/19) by remixing the Little Orphan Annie comics with transnational adoptee self-portraiture. Inspired by commentary by Patricia Fronek (@triciafronek) and others on Twitter, it celebrates the UN’s call for the end of orphanages, while expressing skepticism towards what such a resolution will look like in practice. How might systems of adoption and foster-care (evoked here by “Señora Hannigan”) morph as we strive towards abolition?
Signed, dated, and numbered prints cost $7 (USD) and can be ordered by e-mailing email@example.com. Funds will support future adoption abolition art and agitprop. For more of my work, visit jointhebenjam.org
There was an interesting post going around an adoptive family facebook group during National Adoption Awareness Month that I haven’t seen before. It got me inspired to share from the intercountry adoptee perspective what I would change IF we could.
The question was: “If you had the power to change any adoption laws, what would you change?” As you can imagine in an adoptive parent forum, many of the answers were adoptive and prospective parent centric. I did share a few of my initial thoughts, which unsurprisingly, in that group, not very popular. So let’s share my thoughts here as essentially this is the crux of what ICAV tries to do – we speak out to help policy makers and implementors think about what their processes and practices do to the child, the adoptees for whom it’s meant to be about. Some of the responses from ICAV members are incorporated as we did have quite an active discussion in our facebook group for adult intercountry adoptees.
If I could change adoption laws as an intercountry adoptee, in no particular order, I would:
make it illegal to traffic children via intercountry adoption and ensure a legal pathway for reparative & restorative justice — such as allowing us to return to our homeland and/or original family, if and when we desire;
make it illegal to rehome or return us;
make it illegal to change or falsify our original identity that includes DNA testing the relinquishing parents to confirm their parentage of us;
make it illegal to abuse us;
create a legal pathway to prosecute the agency for failing to adequately psychologically assess our parents to ensure no further harm is done via the adoptive family environment;
make it a legal requirement for all the actors who participate in the facilitation of adoption to provide lifelong post adoption supports that are free, equitable, and comprehensive, arising from a trauma informed model. It needs to be itemised what Post Adoption encompasses e.g., full search and reunion services, translation of documents, language courses, cultural activities, psychological counselling, return to homeland services, open access to our identity documents, etc.,
make it illegal to trick birth parents, to ensure they fully understand what relinquishment and adoption means;
make it illegal to adopt a child until it is proven beyond doubt that no immediate family, kin or local community can support and raise the child; this must include proof that the provision of a range of financial and social welfare supports have been offered;
create a legal pathway for orphanages, agencies, lawyers and judges to be prosecuted by birth families who are prevented access to their child, especially in situations where they change their minds;
create a legal pathway to prosecute countries who fail to give citizenship or deport intercountry adoptees; this includes removing these countries who accept or send deportees from any international convention;
make it illegal to separate twins;
centralise adoption, bring back full accountability of adoption to the State and remove the privatised model of intercountry adoption agencies to remove the conflict of interest and the blame shifting;
remove money and fees;
make it illegal for private lawyers to facilitate intercountry adoptions;
make expatriate adoptions go through the same process as intercountry adoptions in the adopting country rather than being able to by-pass the tougher requirements.
make all plenary adoptions illegal;
legalise a new form of care internationally that incorporates the concepts of simple adoption, kinship care, stewardship, permanent care, and guardianship models that provides for our care but not at our cost in identity and removal of connection to ALL kin;
create a law that allows adoptees the right to decline their adoptive parents as an adult if they wish;
create a pathway to ensure Dual citizenship for all intercountry adoptees that includes citizenship for our generational offspring, should they wish.
This is just a starting list for thinking about what laws would need creating or changing in order to protect the rights of adoptees! I haven’t even started to discuss what laws would be needed from our original family perspectives. It would be interesting to hear their perspective. One has to question the current bias of existing laws that are skewed and mainly protect the interests of the adopters instead of a balance between all three and prevent intermediaries taking advantage of the vulnerabilities of each of the triad members.
There will always be vulnerable children who need care but today’s existing Plenary adoption laws are archaic and outdated. We adoptees know from living the experience that there are many gaps and pitfalls in the current plenary adoption laws used in intercountry adoption today.
Adoptee advocacy and activism for me, is about adoptee healing and claiming back our power.
This week has been so powerful but raw on so many levels. I have travelled to America to attend the Dept of State’s Intercountry Adoption Symposium (Sept 17 & 18) which brought together all the government bodies and NGOs related to, and fulfilling, intercountry adoption processes, the accredited entities which include IAAME and the adoption agencies, and for the first time, representation from the adoption triad. After this ended, some of our American intercountry adoptee leaders and individuals who wished to be involved at government policy and practice level, met with the Dept of State (Sept 19) and had a chat about how we might interact/liaise together in the future and what our goals are and issues of concern.
The following are my thoughts after attending these past three days.
Hearing the same chants for “more adoption” that I’ve read about across the waters but got to experience for real, has been nothing short of gut wrenching.
Getting to personally understand the life experiences of some of my fellow activists has been an honor.
The question was asked to our adoptee group why few American intercountry adoptees in recent years, had until now, not risen to involve themselves at policy level.
After being in America for a week, seeing the level of anger for those who dare to voice any truth that doesn’t match the “we want more children” chant has been a massive reality check. America the land of the free! Well, I see it’s more the land of the free for those who share the dominant discourse — but it can also be unkind and lacking compassion to those who express a different story.
The scale and depth at which intercountry adoption has been conducted in America, that adds avoidable emotional damage to some adoptees, has finally helped me understand why their voices have not been at the table. The ability to rise above one’s terrible reality of adoption is a massive ask. What struck me in coming to personally understand these journeys en-masse over the years I’ve been connecting to fellow adoptees, is how much worse it is here in terms of size and scale. It is not just the historic adoptions from the 50s to 80s. I’m meeting adoptees from the 90s to 2010s and hear the same terrible experiences! I’m also not denying there are probably a ton of intercountry adoptees who have little motivation to make things better because they already had it wonderful. Their reality is not dismissed and neither should the other range of experiences across the spectrum.
Some of the audience responses were so dismissive of our struggles citing that we were just a “moment in time”, or unlucky enough to be a consequence of “a few bad apples”. As I said on day 1 in response to Laura Ingraham’s speech, one terrible adoptee experience is one too many! So please, if you really want to hear what we have to say as adoptees, believe me when I say – “these bad apple adoptions are still happening since the past 20 years”.
Hearing calls and support for “unregulation” and “streamlining” is not the answer in the face of the huge reality. What do we need governments and stakeholders to do differently that hasn’t been done, either at all, or enough? We need them to acknowledge the wrongs of the past to the present. We need full acknowledgement that the decisions made FOR us as vulnerable children, have been terribly painful, terribly damaging for too many .. we need to hear it not just once, but over and over many times so that we know you do not forget the mistakes of the past and those who have been a victim, can feel safe knowing we have learnt the lessons, or at least are trying to.
From my own personal journey of healing, I know how incredibly important it is to hear, “I’m sorry it has been a terribly hurtful experience” from a heartfelt place. Not only do we need to hear that you’ve heard and acknowledged our pain, we need you to give us time to then process that acknowledgement, allow us to move further in our journey — and then ask us to focus and work together on how we prevent it from ever happening again.
For adoptees it is terribly triggering to be dismissed, our reality denied, and our concerns brushed over with “it’s not like that now”. Yes things have changed … drastically, but they need to change more! Support services for the duration of our lifetime, need to be implemented that help us move past the damage. We need reparation that allows out of the box solutions for individual journeys of healing. We need to see that sending children back AS SOON AS WE KNOW something isn’t looking right, is totally a first option that will be supported by all the players who facilitated the adoption. Keeping the child as the only option adds further complications that we adoptees are eventually left to sift through.
People and countries make mistakes .. we are only human. What’s currently missing is the acknowledgement and the sensitivity across the SPECTRUM of players to recognise the trauma from decades (yes, 70 years!) of intercountry adoptions done poorly. The reality that the current and previous American administrations have failed to address intercountry adoptee citizenship, the basic cornerstone of permanence, continuity, and family— clearly demonstrates how little understanding and support exists for the displaced adoptee. This is brushing the wrongs of the past under the carpet on a massive scale!
I realise why adoptees have not been at the table pushing their way in. The depths of pain can be too raw and the risk of receiving further trauma by those who invalidate our experiences, is incredibly high. For a country as religious as America, it sure has little understanding of the need for the power of healing and the acknowledgement of wrong doing. All Americans should be praying not for adoptions to be increased but for the ones who are here already, to be given the right support in order for them to find healing. For the ones deported to be given the supports they need along with their broken up families.
Only once we are fully supported to heal as those who have already suffered, can we truly contemplate ethically adopting more — at least then, we can be confident that despite mistakes being made, the great America has the maturity to help the victims overcome.
My heart breaks for my American brothers and sisters who struggle to rise from out of their ashes. I found it fascinating to see the 9/11 section of the Newseum and the way in which so much compassion is portrayed for those victims, yet in intercountry adoption – I ask where is that same compassion? Is there any recognition of the collective suffering that too many generations of intercountry adoptees have been experiencing in America?!
No! They remain a blip on the radar screen, barely seen, largely misunderstood because they are cloaked with, “You should be grateful to be in this amazing country” banner which denies the tragic realities of so many!
I am compelled to lead by example and demonstrate that adoptees can find their power. My path is but one way to rise above the ashes. I have learned for myself how incredibly healing it is to turn my pains into triumphs and to attempt to make this world a better place and I always wonder what I would have achieved had I been left in Vietnam (my adoptee sliding door/ parallel universe musing). This path of adoptee advocacy is my way to make sense of my adoption and life . Perhaps I was saved to give this message — to be this voice, to truly represent the “child’s best interest” and make sure it is not shoved away?
I hope that this week has been the beginning of the start, that momentum will flow because …
it only takes one to take a stand for truth, for another to find their courage.
What a week of learning, what a week of connecting! I hope America will come to embrace the mistakes of its past in intercountry adoption and provide a safe space for the many intercountry adoptees who need healing and be given many places at the table, not just one place filled by an Australian/Vietnamese.
I also want to acknowledge the many true supporters of adoptees who came from so many stakeholders groups. It is incorrect to assume all government workers, all agencies, all adoptive parents are against us speaking our truths. Despite the intense and sometimes times painful challenging moments, I was uplifted by the volume of supporters who told us they were so happy to see us and hear our voices. I hope I live to see the day when they will become the majority AND the loudest voice we hear from.
I was told that supportive adoptive parents have sat back from the table, out of respect to allow us adoptees to take the platform, to make space for us — but I want to tell those parents and advocates, please don’t be silent in your support. We are at a critical point where intercountry adoptee leadership is emerging and we need ALL the support we can muster.
What I deeply respected was my fellow panelist, the birth mother representative who demonstrated no fear in telling her truth, nor the consequences for doing so. Whether we agreed with her views or not, I imagine her journey of overcoming the stigma, fear and trauma throughout her life has helped her realise there is little to lose, in having the courage to speak her truth. As two representatives of the adoption triad, we both know “the cost of remaining silent”.
Her ending sentence was so respectful and she said, “It should be the adoptees who you listen to the most”. I can only say how much that meant to us. This is the message we need our supporters to uphold – it will encourage us to rise above our pain and fears. Please don’t be silent — it is too open to interpretation!
Huge thanks and respect to the adoptee leaders who gave of their time, money, and energy to be at these forums.
Joy Alessi – adopted from South Korea, co-director of Adoptee Rights Campaign.
Cherish Bolton – adopted from India, co-director of PEAR, academic.
Trista Goldberg – adopted from Vietnam, founder of Operation Reunite, educator.
Marijane Huang – adopted from Taiwan, social worker in adoption and foster care, educator.
JaeRan Kim – adopted from South Korea, social worker and PhD research academic.
Kristopher Larsen – adopted from Vietnam, co-director of Adoptees4Justice.
Monica Lindgren – adopted from Colombia, barrister in family law.
Reshma McClintock – adopted from India, founder of Dear Adoption, co-founder Family Preservation365.
Patricia Motley – adopted from Peru, member of Peruvian Adoptees Worldwide.
Diego Vitelli – adopted from Colombia, founder of Adopted from Colombia, studying masters in counselling.
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.
Adoption is not heroism. It does not fight poverty, disease nor the root causes of inequality.
Adoption doesn’t even raise awareness about the real causes of poverty, inequality, parent-child separations, disease or social immobility. Instead it creates idolatry of those who look to adoption in a world which stigmatises infertility, disease, poverty and poor access to education.
Celebrity adoption doesn’t give adoptees a much-needed voice – rather it silences them, trapping adoptees in a pernicious web of gratitude in which life with their rich, famous and predominantly white culture, is normalised as better than the one they’d have had with their (implied inferior) families.
Celebrity adoption harms all adoptees. They’re the most highly-publicised way in which most people come into contact with adoption, and yet are least likely to highlight the voice of adoptees. Celebrity adoptions come with a literal team of agents, publicity experts, legal minds and brand managers whose job, in part, will be to keep any dissenting adoptee voices about their famous families out of the media.
In the everyday life of an adoptee minus celebrity, the media is highly effective in idolising the role of gratitude towards adoptive parents. So much so, that adoptees speaking out on social media come with a high risk of trolling and death wishes. Imagine the extra risks and isolation for a celebrity poster child of adoption.
Celebrity adoptions exacerbate a climate of silence and create an inadvertent marketing campaign for child trafficking. The outcome of showcasing only (false) saviourism in adoption is to make adoption fashionable and highly desirable to the upper and middle classes and wannabe saviours. To make intercountry adoption fashionable, with anonymising family history at its centre, this creates a commercial market for baby farms, coercion and kidnapping and provides a kind of diplomatic immunity and witness protection for all agencies and families under the magic umbrella of adoption.
Adoption is the look over there strategy of distraction from what by other names catalyses police searches, support groups, societal outrage, concern and campaigns for separated (and trafficked?) children. But in the name of adoption, society is sure that some kind of mystic lottery ticket win has been exchanged for riches and happy ever afters.
As if to prove the effectiveness of adoption mythology – I know the above will seem like shocking hyperbole to the average non-adoptee, to anyone who hasn’t spent time listening to the stories of adult adoptees who has seen adoption only through this beautiful adopter lens, and the seemingly happy adoptees in their own community (who are actually committing suicide at an alarming rate and are over-represented in addiction and depression).
But it will come as no surprise to any adult adoptees who have listened to a community sharing their experiences. It is a support circle that is part activism and part healing in response to our own search for answers and the need to shake off the mythology of adoption stories.
I’ve yet to see a celebrity adoptive parent raise the voices of adoptees. Even Hollywood writers, skilled in empathy for their character inventions (and surely now alert to the need for representation), present adoptees as one-dimensional ghosts. For some reason (alluded to herein!) the adoptees in dramas are extremely grateful for their superior adoptive parents. Searches are presented as a simple, in-the-moment decision with results in minutes and dramatic reunions which quickly morph into happy blended families. They barely touch the reality for adoptees, or the reasons adoptees hide their feelings, nor the emotional or geographical and language barriers to intimacy in family relationships. Instead adoptees’ stories are presented as a bump in the road of an otherwise pain-free life growing up in their amazing adoptive families, only slightly inconvenienced by the literal absence of medical data and not the complexity of identity in a family of strangers and belonging in biological, perhaps even racial, isolation.
In this fictional world, nurture is presented as having the power to defy nature, where every desirable trait and strength is credited to adoption.
This half-truth or just plain false story of adoption as saving children also disguises the reality of parenting adopted children. Children who’ve experienced body held trauma of separation from their most primal relationship cannot replace the never-had biological children of infertile people. The failure to address this grief in all parties and to instead speed towards wishing for the separation of babies from families, helps no-one but instead leaves everyone having to repress forbidden feelings. Something which never ends well for anyone.
The cost of supporting a family in crisis, particularly in Africa, is a fraction of the cost of adoption and lifelong parenting costs in the west. So is adoption really about saving babies?
The cost is not only financial and parent-centred, it is biological in its impact on adoptees. In the context of adoption, people frequently confuse being preverbal with being pre-feeling and pre-memory, the myth of the blank slate. In truth there are many things you learn as a baby which you don’t remember consciously — walking, talking, or laughing for example. Babies comprehend without words, a sense of safety and primal connection lays a foundation in which to form strong attachments, robust relationships and resilient immune systems. All our lives we rely heavily on unconscious memory as much as we rely on conscious memory to make decisions, learn, build relationships and sense threat.
If celebrities and royals truly want to help – they could instead work to raise the voices of adoptees. Seek answers instead of trusting in the ones entrenched in a legacy of bias. Look for the reasons behind poverty cycles, mortality rates and family struggle leading to adoption, find the best and brightest minds and put them to work. Look past discomfort to explore and educate about colonialism, identify ways to undo harm, to allow others to reclaim cultural identities and heal broken families.
Those in positions of high status and power could explore how to avoid separating a child from its family and community.
Create foundations and charities dedicated to keeping children in their culture and with biological relatives. Find ways to make intercountry search and reunion easier for adoptees, fundraise for therapy and research into the experiences of adoptees. There is still so much that adoptees and science are only beginning to understand as we gather data and experiences and we are only just beginning to be heard – this is where you can help!
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.
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.
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.
Dear Intercountry Adoption Board (ICAB) of the Philippines,
I’m a 33-year-old Filipino American adoptee and I refuse to be erased. I refuse to be ignored. I was born in the Philippines and it was not my choice to leave. But it is my choice to return as an adult and to regain my citizenship. Because, ICAB, I am still here. And I am a human being with civil rights and I deserve this choice.
To date, I’ve been requesting your assistance for dual citizenship and to also retrieve my Filipino birth certificate, but I haven’t heard back from you nor received support for my requests.
Why you, you ask? Why do I keep reaching out and consulting you? And, why is this important, you wonder?
I seek you out, ICAB, because you have been the keeper of my biological records. You have been the storehouse of my Filipino history and the last remains of my Filipino identity. You are the legal witness to my orphaned situation. You have been the writer and transcriber of my last remaining Filipino past. You have been the watcher, overseeing my welfare as I’d lived in an orphanage in the Philippines from infancy until I was two years old. You have been the manager of my international adoption process from the Philippines to the United States. You have been the selector, approving my very adoptive parents and sole caretakers.
You have been the landlord switching over my vacant Filipino estate to another country, transferring me to Holt International’s adoption process in the United States, for me to be naturalized. You are now my living treasury of the last of me, holding my human files, history, heritage and remaining rights of my birth country. So, please don’t ignore me now, when I need you most, to help me recover my history. You are the one that knows best, of what was lost. Please, don’t abandon me now.
I know I am just one adoptee, sharing a plea to not be erased. But one adoptee is vital to the Philippines, because one erasure, is an entire lineage of Filipino heritage and descent. One adoptee, represents all Filipino adoptees because neglecting one, is allowing a different administrative direction to take shape, and human values will be lost with this attitude and transaction of erasure. Neglecting one Filipino adoptee’s needs–will be lowering the bar for others. This action will degrade the virtues that all our adoption agencies, global humanities and civil rights reflect.
Please, grant me access to my Filipino birth certificate. Please, allow my information to be retrievable in an expedited manner, please don’t give me obstacles in my requests. Please, endorse me for citizenship since you are the only one who can prove my Filipino heritage. Please, support me. Please, listen to my needs today, and tomorrow. Please, assist me in trying to make a new pathway to citizenship and a better relation with immigration in the Philippines, because of what this action stands for. For, I am not just one Filipino adoptee, but all Filipino adoptees. And you are the last remaining world and glue holding all of our remains, together.
You, ICAB, are the keeper of all of our futures in the Philippines, and nobody else can govern our past and future citizenship but you.
Thus, today, I push for another step in reunion. Today, I push for more recognition of my human history. Today, I push for regulated acknowledgement of my civil rights. And today, I push for a pathway back to citizenship in my homeland, my motherland, my birth country from where I was born, in the Philippines.
This to date, is a vital goal as to why keeping all Filipino adoptee birth records and information legitimate, accessible and retrievable at all times is important. As in this collective, positively goal-minded action, we, together, keep ICAB erected with the intrinsic values that our global community and sense of Philippine Kapwa is built off of.
Dear ICAB, we will need to work together now, to be able to knit identity back together in the Philippines because the goal of adoption is not to give away, nor to erase, but to restructure, and to rebuild. Adoption is a positive solution, and so is this request, which aligns with the goal of all international adoptions.
The very nature of all adoption efforts combined, is compassion.
On a positive note, I can imagine Filipino adoptees able to give back what we’ve learned on our journey abroad. We are not entirely lost to the Philippines. We can relearn what it is we forgot having lived away from our birth country for so long. We can build new connections and relations with the culture of the Philippines, and regain a new sense of repurposed identity to help the Philippines become a stronger leader in diversity. We can help the Philippine and global economy. We can learn from each other. We can heal the past and that painful separation, with hope.
So please ICAB, don’t erase me. Please, don’t ignore me. Please, see me as still a part of our country, the Philippines, the homeland that had shaped my fate and the country I had been born into as a citizen, long ago. I implore you. Please, don’t forget what it is you’ve been responsible for, taking me in all those years ago. Please, don’t see my requests and questions today, as trivial. Please, don’t ignore my emails. Please, don’t ignore my heart’s calling to reinstate my civil rights to my birth country. I know I’ve been away for quite some time, but I’m still here, and I haven’t forgotten where I come from. Please, don’t give up on me, Philippines.
Because I refuse to give up on you.
Birth name: Desiree Maru
Birth country: The Philippines
Relinquishment: Day of birth in Cebu, Philippines
Orphanage circa 1985: Asilo de la Milagrosa
U.S. Adoption Agency used circa 1987: Holt International
A post from an adopter on my Facebook page got me thinking about an issue.
Is there an exception to the rule where intercountry adoptions should be allowed?
The woman stated that, “All 13 of my children from China have special needs. Some pretty severe. One thing for sure … no-one in-country stepped up to adopt them.”
I have thought about this issue for along time and believed there should be special provisions and derived a list of these:
Orphans that are in imminent danger and have a high chance of dying, such as a natural disaster or a conflict (examples, Haiti and Vietnam’s Operation Babylift)
Children that are discarded by society and have a poor chance of survival (examples: HAPA children – this is a Native Hawaiian word which literally translates to “part” or “mix”. In Hawaii, the word refers to a mixed ethnic heritage such as half white and Korean. In Korea, such children are ridiculed, tormented and rejected by society).
Children with disabilities. As the adopter described, these children are unlikely to receive health care and such children are normally shunned by society. Sometimes these children would receive barbaric treatment of being beaten, starved and refused medical care.
On the surface, this sounds like a great idea but after much consideration, I found this logic to have some shortfalls. I listened to a podcast called Freaconomics (link in resource list below) on the subject of organ donation. Here you see something valuable that is given to a recipient for free. No money is allowed to be exchanged between the parties to prevent corruptive markets and abuse. Surely, a child is as valuable, or more, than the thousands of organs that are transplanted each year in America. The Freaconomics episode named “Make Me a Match” stated this economic proposition eloquently by saying:
“Matching markets occur where money and prices don’t do all the work. And some of the markets I’ve studied, we don’t let prices do any of the work. I like to think of matching markets as markets where you can’t just choose what you want even if you can afford it — you also have to be chosen. So job markets are like that; getting into college is like that. Those things cost money, but money doesn’t decide who gets into Stanford. Stanford doesn’t raise the tuition until supply equals demand and just enough freshmen want to come to fill the seats.”
Here we see a proven method of exchanging something of great value for nothing. I believe that the system could be implemented to place children into loving homes without corruption. However, adopters, orphanages and third-party agencies focus primarily on the emotional aspects of placement instead of addressing the real issues of corruption. If governments could implement a system where money would not be exchanged to place children – I would be in favor to support such placements immediately. Why would anyone not support such a system? I think one of the biggest issues is adopters themselves!
The issue I see is that not all adopters have altruistic reasons to adopt. Few adopters will ever admit to this. Adopters have preferences in children that they want to adopt and usually prefer lighter skinned babies (on average) over dark-skinned babies. If individuals were purely altruistic, then the race of a child would not matter and there would be no price elasticity based on race. However, we do see higher prices for more desirable children. David Smolin in his article “International Adoption: Saving Orphans or Child Trafficking” clearly pointed out this by stating:
“The perception that children are being implicitly bought and sold within the domestic adoption system is furthered by the common practice of private agencies charging vastly different sums based on the race of the child. Thus, it might cost thirty-thousand dollars to adopt a white infant but only ten-thousand dollars to adopt an African-American infant.”
The current practice may save a few children and nobody can deny this. However, on the flip side, we can all agree that a large number of adoptees are injured along the process. The online site called http://poundpuplegacy.org/ has catalogued over 638 cases of abuse, rape and death of adoptees. This is only a mere fraction of the abuse that occurs to adoptees and it’s the money that drives the demand side of the curve and ultimately the abuse. This lucrative business model, for the most part, continues to separate families and causes suffering and loss for the child that gets adopted. The positive adoptee and several adopters drown out the outspoken voices from the not-so-perfect adoptions. They want to highlight that positive adoptions are possible and largely ignore the issues that are addressed by the opposition. They fail to address that the overwhelming majority of children to be adopted are not children from war torn countries, true orphans or have disabilities. The main drivers for taking children away from families via intercountry adoption, is poverty.
The pro-adoption side fail to address these negative externalities. They never explore what is best for the entire cohort group. In the medical world, this idea is seen through the use of “triage”. This term describes how medical professionals need to behave in situations where they are overwhelmed by large numbers of casualties. Providers are taught to sort patients to do the greatest good for the greatest number. We too, should look at adoption in the same lens. Not only via the lens of adoptees but often the second point in the adoption triad – the original families. They too are often suffering and overlooked in the equation. David Smolin stated this corruption against the original families as:
“The international rules apparently allow aid to be offered only to those birth parents who relinquish their children, rather than requiring aid to birth parents to be unconditional. Thus, the international rules permit patterns of aid that create incentives to relinquish.”
In closing, saving the few who are marginalized, overlooked and forgotten does nothing for the overwhelming majority that are left behind. The system continues to corrupt and it does nothing to pressure the countries to change. Real change comes from external forces that demand change of these countries that are violating the rights of the child by allowing adoption to occur. I know many people disagree with me but to make lasting change we cannot be doing the same things of the past to expect a different result.
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)
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!
The Anti-Immigrant Climate in the United States of America
An Intercountry & Transracial Adoptee’s Perspective
by Rachel Kim Tschida
Special Guest Blogger on ICAV
I am currently pursuing a master’s degree in public affairs, and I’m taking a course on immigration policy. A recent question that was presented to our class was, “How has the anti-immigrant climate in America affected people you know?” I immediately thought of the impact it has had on intercountry (and often transracial) adoptees.
Speaking from my own lived experience, it was actually startling for me when I first realized that I was an immigrant. This might sound crazy but growing up in an American family with American parents, it just never crossed my mind. Yes, logically I knew that I was born in Korea and came to America when I was 6 months old, and my first passport was issued by the Korean government for my first plane ride aboard Northwest Airlines from Incheon to Seattle, and then Seattle to Minneapolis-St. Paul. I have photos and newspaper clippings from my naturalization ceremony when I was 1 year old (my mom dressed me in a red white & blue dress for the occasion). I even received a hand signed letter from U.S. Senator Rudy Boschwitz, congratulating me on becoming a citizen (and how he also immigrated to the U.S. as a child). However, “immigrant” was never part of my self- identity.
This all started to shift a few years ago, when I heard about a Korean adoptee who was in deportation proceedings. At first, it didn’t even make any sense to me – how could an adoptee, someone who was adopted by Americans like me, be deported? At the time, I didn’t realize that not all adoptees were naturalized – either their parents didn’t know or for some reason or another, just didn’t complete the process. After reading the case of this adoptee, and going down a Google rabbit hole, all of the pieces started to come together. The next time I stopped by my parents’ house I thanked them for following through on all of the steps of my adoption and naturalization. I also asked to get all of my documents, including my certificate of naturalization and adoption file, just in case.
Through conversations that I have had within the intercountry adoptee community, I have realized that I am not alone on the complex path of self-discovery around adoptee/immigrant identity. There are some intercountry adoptees who do not identify as immigrants, while there are others who proudly and adamantly claim their immigrant status. I have also realized that I had one of the better possible adoption outcomes, with regards to how seriously and diligently my parents went through the adoption and naturalization processes. In the massive folder of adoption paperwork from my parents, I found notes in my mom’s handwriting with reminders like “call attorney” or “don’t forget to file naturalization paperwork”.
Throughout the past 2 years, I have seen an increased level of fear and anxiety within the community. As anti- immigrant policy proposals have increased in number and frequency, related discussions within intercountry adoptee community groups and online chats have proliferated. Everything from whether or not we need a certificate of citizenship AND a certificate of naturalization, to stories of naturalized Asian American citizens who have been de- naturalized for spelling mis-matches in their application (which can be prevalent when translating Asian names from their native characters into Romanized letters), to the impact the proposed removal of birthright citizenship would have on the American-born children of non-naturalized adoptees. This particular issue adds even greater distress around family stability to adoptees whose very lives were impacted by the separation from their birth families. Adoptees have given each other advice such as carrying proof of citizenship at all times, having copies of adoption certificates and naturalization certificates when traveling abroad and re-entering America, immigration and border control, and hiring immigration attorneys.
This has also led to many philosophical debates around the positioning of intercountry adoptees on the immigration hierarchy – especially Asian adoptees. In stark contrast to the exclusion of Asian immigrants through the 1875 Page Act, the Chinese Exclusion Act of 1882, the 1907 Gentleman’s Agreement with Japan, the Asiatic Barred Zone Act of 1917, and the quotas of the McCarran-Walter Act of 1952, the adoption of Korean children by (usually) white American families began in 1953 – more than a decade before the Immigration and Nationality Act of 1965. This exceptionalism narrative – that adopted children of American parents are “good immigrants” yet at the same time almost never viewed as immigrants by their families, the immigration process, or society at large, is probably why I also did not identify as an immigrant myself. There was the assumption (and expectation) that we would be easy to assimilate into American society via our American families. It poses an interesting question; how can America view an Asian, African, or Latino child who has crossed the border with his or her Asian, African, or Latino parents so differently than an Asian, African, or Latino child who was adopted by (white) American parents?
Adoptive parents and adoption agencies successfully lobbied for the Child Citizenship Act of 2000, which granted automatic and retroactive citizenship to some (but not all) intercountry adoptees. Now, adoptive parents would only need to ensure the adoption was legally finalized based on the type of visa issued, and they would no longer need to go through the naturalization process. This seems in theory like a clear victory for the adoptee community that would close a gap in our immigration system. However, it continues to reinforce the exceptional immigrant narrative.
That said, even in 2000 concessions were made to the Child Citizenship Act in order to get it through Congress. The most notable and damaging was that it excluded adoptees who were already 18 on the day the law was enacted- February 27, 2001. There was an assumption that adoptees over 18 could easily navigate the immigration system and apply for citizenship themselves. Despite the “forever children” narrative that is also often placed on adoptees, this was an abrupt shift in suddenly viewing us as adults and transferring the responsibilities (and failures) of adoptive parents onto adoptees. This also seemed to define the shift toward placing adoptees in the same category as all other immigrants, at least in the eyes of immigration enforcement.
Unfortunately, there are many intercountry adoptees who have no viable path to citizenship, for various reasons. They may have entered on a non-immigrant visa, or their parents did not keep their adoption files which are the only proof that an adoptee entered the country legally via adoption. Despite the air of “exceptionalism” in the passage of the Child Citizenship Act, one could also argue that adoptees had no agency or self-determination in their adoption whatsoever – they didn’t choose to be separated from their birth family and be sent from their birth country, nor choose to be adopted by Americans. Therefore, those who hold the most power within this adoption system should also bear the responsibility – American parents, adoption agencies, and the American government. For better or worse, the premise of adoption is built upon the promise of offering a “better life” and “creating a family” – and the denial of American citizenship is a complete contradiction to this promise. For many adoptees, their American families, homes, and lives are all they know.
Since 2000, there have been numerous attempts to amend the Child Citizenship Act, in order to grant retroactive citizenship to those who were excluded. The most recent attempt, the Adoptee Citizenship Act of 2018, has not yet passed despite being bipartisan and bicameral. The Adoptee Rights Campaign (ARC), a national organization led by adoptees without citizenship, will continue to advocate for a legislative solution. Other adoptee organizations and community organizations such as Korean American or other Asian American Pacific Islander (AAPI) social justice organizations have also mobilized around the country, in an effort to raise awareness and engage with their local, state, and federal elected officials. It is worth noting that the Adoptee Citizenship Act of 2018 has been specifically positioned as a family and human/civil rights issue, and not an immigration issue – and that previous attempts to add adoptee citizenship to other immigration reform bills failed.
A small group of us in Seattle have come together and formed a joint committee between a Korean American nonprofit and an Asian Adoptee nonprofit organization. We continue to discuss how, when, and where we can contribute to these efforts and what our sources of funding will be. We have had many late-night debates about the framing of adoptees as immigrants, not as immigrants, as adults, as children of American parents. We have struggled with the implications of positioning adoptee citizenship as an immigration issue, family issue, and/or human rights issue. We have debated if we should try to build alliances with other impacted immigrant groups, such as Deferred Action for Childhood Arrivals (DACA) recipients, or if we should proceed separately.
We are at the end of November – National Adoption Awareness Month and the anti-immigrant and xenophobic climate has forced many of us to have uncomfortable conversations with our families and even ourselves, as we process what it all means for us as the adopted, immigrant, (people of color) children of our (white) American parents.
To keep up to date and support the work of American adult intercountry adoptees fighting for their right to automatic US Citizenship, see Adoptee Rights Campaign.