January 21, 2010 – FORBIDDEN FAMILY

Sent from United Adoptees International:

International Reference Centre for the Rights of Children Deprived of their Family (ISS/IRC)

EARTHQUAKE IN HAITI: INTERCOUNTRY ADOPTION CASES

As in every dramatic event that affects a country, the question about the intercountry adoption of children arises again in the Haitian context.

In this regard, ISS / IRC first recalls that, in general, international adoption should not take place in a situation of war or natural disaster, given that these events make it impossible to verify the personal and family situation of children. Any operation to adopt or to evacuate children that are victims of the earthquake to another country must be absolutely avoided, as was the case during the 2004 tsunami.

However, the intercountry adoption situation in Haiti highlights a new problem: what response
should be given to the multiple adoption dossiers which were in the process of being finalised
before the earthquake? As of today, some receiving countries have announced their intention to
‘freeze’ all pending adoptions due to the present incapacity of the Haitian authorities to follow the
required procedures. Yet other receiving countries have already planned to launch evacuation
missions for children as quick as possible and in this situation, ISS/IRC would like to reiterate the following points.

Given the actual state of the country, the transportation of relief supplies of basic necessities is
extremely difficult due to the congestion of different channels of communication and transportation (in particular, the airport at Port au Prince). Mobilising forces in this emergency context should focus on meeting the needs of the greater majority. All initiatives that involve an additional burden to the existing relief efforts should take place later, to give priority to current operations focusing on basic needs.

Regarding the adoption of children, a difference must obviously be made between those who have been declared adoptable and those for whom an adoption order (judgment) has been delivered. For children where matching has occurred and there is an adoption order (judgment), the transfer of these children to their adoptive families could be considered under the following conditions:

1) identification of the child and his/her location is secured by the necessary safeguards,particularly through copies of his/her dossier lodged in the receiving country, personal data is stored appropriately;
2) the psycho-social adoptability of the child (ie ability to be adopted) is re-evaluated,considering the trauma s/he might have suffered (emotional shock, physical injuries, etc.).
3) it is established that the child’s dossier is complete and that the adoption order (judgment) has been delivered;
4) the diplomatic representatives of the concerned receiving countries are able to verify the actual identities, adoption dossiers and alternative care conditions of the children; 5) the Haitian authorities are duly informed and involved in the finalisation of the adoptions in question.

For children who do not meet these conditions, no action should be undertaken at this point to accelerate the adoption procedure. It is important to remember that for sometime, intercountry adoption in Haiti has been subject to numerous serious concerns owing to the lack of guarantees and transparency.

Where the necessary safeguards are not available, intercountry adoption should be suspended until the reinstallation of the administrative and judicial systems in Haiti.

The ISS / IRC, stresses that the abovementioned conditions require time to be fulfilled and they
can not be undertaken in an urgent manner. Moreover, these children are currently experiencing extreme stress so that a sudden shift to a new country and a new family can have a psychological impact that is impossible to measure. According to the Guidelines developed by the United Nations High Commissioner for Refugees (UNHCR), the evacuation of such children or their temporary placement in families abroad is also traumatic. It is considered as an added disruption to the injury already suffered by the child. In the emergency phase, the efforts of the authorities of affected countries, international organisations and NGOs should focus on providing basic protection to the child (eg: accommodation, food, medical, emotional and psychological attention, education) that is as close as possible to the daily living conditions and any regrouping should be with other familiar children or adults.

Finally, ISS / IRC reminds receiving countries in charge of intercountry adoptions to consult each other as well as UN agencies and NGOs in order to develop a unified approach to this problem in order to avoid conflicting decisions and poor initiatives.

Well aware of the difficulties and suffering that the earthquake has caused, ISS / IRC presents its deepest sympathy to the Haitian community and acknowledges, the difficult situation of parents involved in an ongoing adoption. Nevertheless, we invite various actors involved in intercountry adoption to exercise restraint and reflection in managing the current crisis and avoid giving emotional responses to a sensitive issue such as the adoption of these children.

ISS / IRC January 18, 2009

Quai du Seujet, 32 ▪ 1201 Geneva ▪ Switzerland

Tel : +41 (0)22 906 77 00
▪ Fax: +41 (0)22 906 77 01
▪ E-mail : irc-cir@iss-ssi.org

*www.iss-ssi.org

UAI-United Adoptees International Responds to Expedited Dutch Adoptions as Not “Humanitarian Aid”. This is an example of what Not to do “for” Haiti’s children:

THE NETHERLANDS, Amsterdam, January 18, 2010 – Following the humanitarian disaster in Haiti, humanitarian aid is on its way, but also; expedited adoptions, possible abduction of children and forced relinquishment for intercountry adoptions to the West. The removal of children in times of disasters and wars under the guise of adoption, according to the vision of United Adoptees International (UAI), is not the right form of humanitarian aid. Concerning Haiti, the reaction of the Dutch government is an irresponsible response to the situation in Haiti where currently monitoring and surveillance cannot even be maintained. However, the Dutch government has decided that adoption will be the first priority and already agreed to 110 adoptions from Haiti. Of these, 56 adoptions were approved by the Ministry of Justice in an accelerated manner, arguing that these were already in the ‘pipeline’. Due to this, the Nederlandse Adoptie Stichting (NAS) and the largest Dutch agency Wereldkinderen, under pressure from prospective adoptive parents, took their chance to put pressure to get even more (risky) adoptions from Haiti.The facts and history teach us that adoptions from Haiti are risky and generally carelessly made. In 2003 the Dutch Youth Inspection called then for a strict control, after several reports of careless adoptions from a Dutch Adoption Agency. In 2005 a Unicef report warned for high risks regarding adoption from Haiti also.
At that time the Dutch agency had to close their dubious adoptions from Haiti.

Subsequently, the UAI reported on May 13, 2008 in the media about about a dramatic adoption from the same agency who opened another channel in Haiti, that was illustrative for multiple adoptions from Haiti. An adoptive couple told their story during a national TV broadcast of EénVandaag. They showed an Adoptee from Haiti who will probably stay the rest of her life in a mental hospital in the Netherlands.

Given the terrible disaster and the appalling situation in Haiti, the current “baby lift” operation is inspired only by emotion and a neo-colonialist way of thinking: “Our children are better off in the West ” as one of the Adoption Agencies involved in the ‘Babylift’ claimed. Just in these situations ,the UAI considers it no more than wise and logic to go through the required procedures, especially in the situation of chaos.

In times of disasters and wars, every time again it appears that children are moved prematurely to the West, before governments know how to deal with the disaster itself. The term ‘baby lift’ operations was originated during the Vietnam war in the seventies, where children were flown per aircraft to the United States. Without checking whether the children were actually orphans or relinquished by their parents. Many Vietnamese parents have searched for years unsuccessfully for their stolen children. But that is not where it stopped, still these kind of activities are still taking place and a recent example is Zoe’s Ark. A French ‘relie’f organisation which attempted to smuggle one hundred children from Chad for intercountry adoption under the guise of humanitarian aid.

NGO’s like the Red Cross, Unicef and World Vision, continuously calls at times for a temporary stop of adoption or a careful approach in times of crisis. These institutes simply need more time to get children back to their parents or to reunite with their family. The UAI in the mean time, made contact with several aid agencies including Plan Netherlands and asked them for their point of view on the disaster in Haiti. They are highly concerned about the situation in Haiti and in particular the high risk of child abduction. Since 1973, Plan Netherlands has worked in Haiti and has 143 employees on the spot. It is one of the largest development organisations. During disaster like these Plan has, in addition to providing medical and other resources, as first priority the protection of children to prevent the exploitation, abduction and abuse. From personal experience Plan knows that in times of crisis, the risk of abduction of children can be very high.

The UAI, therefore, considers the response of the Dutch government premature and not very considerate but too much motivated by emotions instead of properly thinking through the long term consequences for the Adoptees and their Haitian families. And after all the adoption scandals of recent years, one would have expected that the Netherlands now would had learned their lesson in this area. But the reality now shows an opposite picture. And the question is, whether that is really in the interests of children and parents in Haiti.

Adoption is a last resort, not first aid