“Nearly all cases for which an official referral was issued before September 1, 2008, have now been processed to completion.” So says the U.S. Department of State in a new Adoption Notice posted today on the Office of Children’s Issues Vietnam adoption page.
The Notice goes on to say that under no circumstances should any new referrals be promised or given.
At this time, adoption service providers and prospective adoptive parents should not seek or accept new (or potential) adoption referrals from Vietnam. We will inform adoption service providers and prospective adoptive parents if/when we believe referrals from Vietnam can resume.
There also will be no second referrals given to PAP’s who lost an earlier referral given before the shutdown, except in cases where the first referred child died.
In response to U.S. Government inquiries, the Government of Vietnam has reaffirmed that second referrals will be permitted only when the child originally referred for adoption has died. In light of ongoing police investigations and the Vietnamese Government’s current focus on revising its adoption laws and procedures, the U.S. Government accepts this decision on second referrals as final.
In regards to the new draft law currently being crafted, the State Department notice says it “represents a significant effort and could be a step towards Vietnam’s stated goal of becoming a Party to the Hague Adoption Convention.” However the notice went on to caution that it is only a first step and much work still needs to be done before adoptions could resume.
At this point, however, it is unclear whether the legislation would achieve this goal and when (or if) the Vietnamese legislature will formally consider it. If the legislation passes, it will take time to establish effective new procedures and regulations.
Any effort to predict when the current situation will be replaced with a reliable, transparent intercountry adoption procedure is purely speculative.
The Notice also referenced the recent arrests and verdicts in the Nam Dinh Province, saying, “The United States welcomes the more active role of Vietnamese officials in the monitoring of the local adoption process.” The State Department emphasized that they continue to work with their Vietnamese counterparts on adoption issues.
The United States remains in frequent contact with the government of Vietnam on adoption matters. Discussions have focused on the broad range of child welfare responsibilities encompassed by the Hague Adoption Convention, the principles underlying the Convention, and the practical requirements for implementing procedures that the Convention requires. Representatives from both countries agree that intercountry adoptions from Vietnam to the United States cannot resume until fundamental reforms are in place to ensure a transparent child welfare system that has the best interests of the children as its first priority, and that protects the fundamental rights of all parties.
To read the Notice in its entirety, click here.
No responses yet