It’s Friday evening, April 4th. Four full days after the new DNA regulation apparently went into effect. Three full days after the USCIS internal memo was unofficially posted on the internet and we were assured (per the memo) that an official announcement would be published “soon.” And yet, there is no information about this new regulation on either the State Department website or the USCIS website. Apparently some agencies (but not all) and the USCIS field offices did receive the original memo…One state field office is now notifying people who file their I600a for Vietnam:
… please be advised that if you are planning to adopt a child that has been abandoned, the USCIS office in Ho Chi Minh City requires a DNA test for all Orphan First abandonment cases, in order to establish a relationship between an abandoning birth parent and a prospective adoptive child as part of the adjudication of the Form I-600. USCIS is taking this step in response to concerns regarding the integrity of the adoption process in Vietnam, and to ensure that all abandonment adoption cases are valid. The DNA matching test will confirm that the prospective adoptive child is matched to the birth parent who voluntarily consented to the adoption.
In order to arrange for DNA testing for adoption cases where a birth parent has been identified, you must contact the USCIS office in Ho Chi Minh City once the child has been identified and a Form I-600 has been accepted by USCIS.
I’m attempting to withhold judgement and commentary until we receive official word on the details of the DNA regulation – unfortunately USCIS leaves us to make our own conjectures when they institute a regulation without any explanation whatsoever. But it is my hope and expectation that USCIS will post an official notice early next week and provide answers to at least a few of our many questions.
6 Responses
How about this for conjecture? Babies that are abandoned and subsequently “found” will no longer be eligible for US adoptions???? Nothing about that memo makes sense if you pause to think about how most of the children become available for adoption.
I just don’t understand. If CIS is trying to cut down on the percentage of abandonments, this whole idea makes no sense. If the new process means that only infants with an identified parent have to undergo DNA testing, it will mean more abandonments. If it means that no abandoned children are eligible for adoption in the US, what about the children who are legitimately abandoned — according to HOLT, about 50% of the children they work with who are eligible for adoption??
How about this idea….start this DNA testing idea for children with finding or birthdates after May or even June 1st, 2008? This way the orphanages and birth moms MAY be prepared for the change, and current orphans won’t be affected by this crazy new rule.
Since DNA testing is part of the MOU Article 9(b) and was
not implemented until now my thoughts would be that
something must be showing up that the DOS believes warrents implementing the testing. With the relinquishment of the twins by 2 different first mothers, or the same first mother using 2 different names, I can see how DOS would think that the testing is needed…goodness only knows how many more cases are out there that we don’t have a clue about. While I do think that the requirement may backfire and only cause more children to be anonomously abandoned (or listed as anonomously abandoned) rather then relinquished, I believe that this isn’t something that the DOS just popped off the top of their heads…I have to believe that they do have good cause to believe that the testing is needed.
Penny
Penny, you may be right. The thing is we don’t know. The fact that they would implement such a policy without saying why, is a$$ poor. The fact that they would implement the policy and effect peoples lives before even publicly announcing the policy is even more a$$ poor. Our government’s behavior is certainly unethical, and should be criminal.
At some point you have to look at what people do, and stop listening to what they say. Sure, the US has said they want adoptions to continue in Vietnam. But, they haven’t done anything in the last 6 months to suggest that they are really trying to make this happen. In fact, it has been the exact opposite. They have done nothing but make it difficult for families to adopt from Vietnam.
For whatever reason, the government or some individual in the government doesn’t want Vietnam adoption to continue. I don’t follow other countires, but it appears from what I have seen they don’t want international adoption as whole to continue either. Maybe they have good reasons. Maybe they have more information than me and they are doing the right thing. But, the fact that they have not shared any of this information is inexcusable. The fact they have implemented this new DNA requirement without any sensitivity to families and children with pending cases is inexplicable. Not only is it wrong, it is downright mean.
It’s small point but the memo came from CIS, not DOS. According to the memo, the change was instituted by CIS in HCMC, which is effectively one person. So I’m a bit more doubtful that this process has been clearly and carefully thought out.
Here’s my thought — Orphans First is a great and important idea. But CIS and DOS together managed to make a mess of it. They tried to implement it on three days’ notice; Ethica spoke out very clearly against that. There was no way they ever had sufficient staff to make it work, so why didn’t they look for more? Now CIS has apparently implemented a policy several days ago, but haven’t gotten around to notifying PAPs or explaining it yet.
Would it be so difficult for these two agencies, with personnel who should be considerably experienced, to work with groups like Ethica to come up with effective policies, and then use their experience and common sense to implement these policies in effective ways?