What Our Congressional Representatives Need to Hear

This is reposted with permission from Linh Song of Ethica. As a personal note from the editor, I hope we will take her words to heart. We all want to react and Do Something but let’s be careful that our actions do not have unintended consequences.

> “TRY! Make some calls. Contact your resources. NOW.”

You’re exactly right, our elected representatives need to know what’s going on and that as a consequence of policy failures and lack of oversight, families will once again be caught in adoption limbo as another country closes.

Hopefully, you’ll zero in on the “lack of oversight” part. Here’s why.

On Tuesday afternoon, Ethica joined over 60 participants on the JCICS Vietnam conference call. The call went over an hour and a half blaming the US government and strategizing media and political responses NOT to the cases summarized in the Embassy report, but how to make sure adoptive families will speak to agency interests and support the Vietnamese government. One agency mentioned that CNN has contacted them looking to feature a family with an empty crib. ABC will be following families in Vietnam.

Please, don’t let your grief and pain be exploited in order to keep adoptions open WITHOUT FIRST having the powers at large address enormous ethical and legal concerns surrounding Vietnamese adoptions.

Keep in mind not all of the agencies believe that this is an appropriate or effective response. We’ve all been through this before with the first moratorium. Our elected representatives will be asking, what has changed? How is this different from Romania, Cambodia, Nepal, and Guatemala? When will the endless line of devastated adoptive families end?

We can have our politicians look at referral photos and feel the loss that has left people sobbing on the Ethica phone lines. But we can also have them look at the Embassy report and and tell them that you don’t want a child who has been trafficked. You want a child that needs a home. You do NOT want a child at all costs especially when there’s some likelihood that the child already has a family.

THIS is what differentiates your voice from the mob of families clamoring to keep Vietnamese adoptions open. THIS is what starts adoption reform. THIS is how we honor Vietnamese children and their families.

Here are some questions you can ask your representatives:
1. Do you know if my agency has been implicated in the Embassy report?
2. Does my state attorney general and state adoption licensing authority know which American adoption agencies are paying to solicit Vietnamese children for adoption?
3. Will you support criminal investigations against Americans bribing foreign officials, soliciting children, and engaging in visa fraud?
4. Will you advocate for a Congressional hearing on international adoptions?
5. In 2006, there was a similar situation in China where rural officials compromised the adoption process. China responded with an investigation, criminal convictions, and reassurances that children adopted to the U.S. were not involved. Will you advocate for this kind of response from Vietnamese authorities?

Finally, I invite community members to take a look at a Foreign Relations Committee Hearing on Asian adoptions back in 2006. Key supporters of adoption presented but there were no families speaking to the difficulty of the process, the unknown, corruption, or failed adoptions. We all hope that these experiences are anomalies but how do we know if no one looks into them? If we don’t ask our politicians for accountability? Where were the families who suffered through the first moratorium and Cambodia? Where are the victims? Why is there absolutely no mention of how American money and actors can encourage putting children INTO institutions? How sad to think that we can only focus on getting them out, when we’ve had a hand in putting them there in the first place.

Here is a quote from the hearing by Senator Larry Craig:

“Let me stress, I do not know of anybody in the adoption community who would countenance trafficking in children. As much as we want to facilitate adoptions, these adoptions must be ethical, and they must be transparent. Having said that, however, we should help these nations find ways to fight corruption while allowing legitimate adoptions to proceed. Otherwise, it is the orphan who will be paying the price for somebody else’s criminal behavior, the orphan who cannot be adopted domestically, and may be deprived of a permanent, loving home from an adoptive family of another country.”

I leave you with this quote by Catherine Barry, a Department of State representative. How sad to think 2 years later, the key MOU principles she speaks of have not protected Vietnamese children, families, and adoptive parents.

“The past year saw several milestones that I believe portend good things for the use of intercountry adoptions in Asia to help children in need. On June 21, 2005, Assistant Secretary for Consular Affairs, Maura Harty, and Vietnamese Justice Minister Uong Chu Luu signed a bilateral adoption agreement that reaffirmed both countries’ commitment to high standards and safeguards and allowed for the recommencement of adoptions from Vietnam. The bilateral agreement is consistent with several key principles of the Hague Convention such as having government authorities determine that: ”¢ A proposed adoption is in the best interests of the child; ”¢ The consent to the adoption was given by the persons or institutions authorized to do so; ”¢ Adoptive parents had received counseling;
”¢ There were no improper requests for compensation; and ”¢ Prospective adoptive parents paid reasonable fees for necessary administrative, medical, and court matters”


Linh Song, MSW
Executive Director
Ethica, Inc.

In The News-Tools & Resources

Tags:

15 Responses

  1. YEAH, YEAH & YEAH
    I am linking to this- I have been thinking this very same thing over the past couple of days- THE MEDIA NEEDS TO KNOW THAT THERE ARE VIETNAMSES ADOPTIVE FAMILIES WHO DO NOT SUPPORT CORRUPTION.

    • I agree, the media does need to know that, and I would add that I think our children adopted from Vietnam need to know that as well.

  2. I completely agree with you MEW……
    I am of the opinion that one of the best ways we can show our children that is by not burying our heads in the sand, but by getting involved and doing what we can to change things…..

  3. This is a powerful piece and contains very good information which, as Christina suggested, all AP/PAPs really should take to heart .

    Six years ago the loud voices of PAPs along with the long arms of their respresentatives brought home hundreds of Cambodian children post-shutdown. And now what? Very little concerning the actual adoption program between the US and Cambodia was ever addressed. We just wanted our kids home. Not that I feel there was anything wrong with arguing for the processing of the “pipeline” cases, nor do I think there’s anything wrong with the families caught up in this current mess wanting their kids home, but we need to think beyond the “bring them home” theme. Yes, we want in-process families to be given the opportunity to finish their adoptions, but we need to take a look at the big picture of ethical adoption practices as well…because, in time, THAT is what will be weighing on the hearts and minds of parents and adoptees.

  4. Totally agree Rachel-
    So, what is our best way of organizing and putting another view out there? A view that says that we feel deeply for families in process and the children affected, but that we strongly feel that THIS MUST NOT HAPPEN AGAIN. That there were many mistakes and abuses of power all around, but that we absolutely MUST move past the blame casting and move to a place where we are a mobilized force fighting for the most vunerable- that what happened in Vietnam is not an abboration, it is not the exception, but that abuses in human rights take place in the international adoption scene as well as the domestic scene.
    Do we contact ABC to let them know they are not getting the while story? That there are a whole group of AP’s and PAP’s that have seen this coming for years, indeed many people on APV started saying way back in 2005 that the program was not ready to reopen, that there were not enough changes.

    How can we unite?

    • Thanks so much for your support. Ethica will be giving folks concrete ways to act in the next day or so. This includes publishing our review of state adoption laws which do not provide many protections. So we can look to being active on the state and federal level.

      We’ll also be announcing our fundraising campaign. Ethica is an all volunteer organization but with so many countries closing in the past year, we need your support. We need to be able to meet the demand for our advocacy and crisis work. Our caseload will be stretching from 250 to at least 1,000 in a few months time. Please consider donating so that we can assist each family and so that we can continue our policy work. Thank you!

      Linh Song, MSW
      Executive Director
      Ethica, Inc.

  5. I think this is a terrific plan of action.

    Everyone wants to know who the agencies are and how many cases have they found. Now that the report has been issued by the Embassy….can we file a Freedom of Information Act request for more detailed information used in the preparation of the report?

  6. Linh wrote…..we need to control how American adoption fees are used and prevent them from funding trafficking….

    Why has Ethica not done a study to determine what appropriate fees for international adoption are? THey are obviously well connected and informed on all angles of this issue. They must be able to advise what would be appropriate fees to complete an adoption that will still lend enough money to not only cover the expenses but fund humanitarian projects but not so much that it will lead to wide spread corruption.

    It seems to me that somehow the price was fixed (since all of the agencies charge approx the same amount) and no one has wanted to cut into their bottom line by lowering the fees. Even the best of agencies are charging the same fees, even if they are putting that money towards valid programs it is still allowing the unethical agencies to bring in tens of thousands of dollars to use for bribes or whatever. If an agency such as Holt or Pearl S. Buck (which I think are considered ethical??) would lower their prices then that would force the other agencies to do the same to keep in business. Plus more people would sign with those agencies (most probably from price alone) which would give them more money (more clients=more money) to put toward their projects. They could limit the number of families (because even the best agency won’t have unlimited access to children) but that would still force the other agencies to get in line fee wise.

    And I am not just talking Vietnam here, even if the country closes down there will be another one waiting to take money for international adoption and the same thing will happen all over again.

    It’s just a thought….

  7. “Why has Ethica not done a study to determine what appropriate fees for international adoption are? THey are obviously well connected and informed on all angles of this issue. They must be able to advise what would be appropriate fees to complete an adoption that will still lend enough money to not only cover the expenses but fund humanitarian projects but not so much that it will lead to wide spread corruption.”

    This could happen but having connections and being informed doesn’t make up for being short staffed. I am trying my best to keep on top of crisis calls and I mean, serious crises in the U.S. and around the world. I’m hoping someone will donate a cloning device.

    Your proposal is interesting. Even though agency fees might be mostly comparable, what you might not be seeing is how your foreign fee is being distributed, how your agency’s MOU with the orphanage is structured, and how other agency donations are being used. No one is going to outright admit that your fees and other misc. donations are paying for trips to resorts or to maternity hospital physicians. If those receipts exist then we’d be halfway to the transparency we all dream of.

    What is a good indication of how the fees might be used to solicit children is how much in country facilitators are paid. If one agency is openly admitting to paying their facilitator $8,000 per child then think how that compares to another paying their entire office staff less than $300/month. This was a big discussion topic at the JCICS Vietnam Summit in October. The President encouraged agencies to pay their facilitators salaries and what’s reasonable for their services, NOT contingency fees. The problem is that some agencies think that that contingency fees ARE reasonable. Then we get into a position where adoption is really is a business and not a humanitarian or non-profit venture. We can’t expect standardized fees when agencies have different objectives, operational expenses (legitimate and questionable), etc. But we can expect Vietnam to publish its fee schedule so that we can evaluate just how much is actually going towards the process and how much is going towards the provincial authorities, orphanage directors, and facilitators.

    Pearl Buck and Holt have excellent reputations in Vietnam and in other countries. They publish amazing annual reports and because of their reputations, are transparent about their programs and transactions in country. They also engage locals and ensure informed consent when birthfamilies are identified. These agencies obviously didn’t need a standards of practice when they’re pretty much the gold standard in accountability and ethics. This is based on what I’ve seen and heard of in Vietnam.

    Linh Song, MSW
    Executive Director
    Ethica, Inc.

  8. THANK YOU! Even though we are “at the top of the list”, we officially pulled out of the process today. I feel like a great weight has been lifted. We REFUSE to provide more money to Vietnam until things are transparent and ethical. I feel that we need to make a stand and stop funneling money until there is true reform. I feel that this can be achieved, and when it is, we will return.

    As Linh stated, “You want a child that needs a home. You do NOT want a child at all costs especially when there’s some likelihood that the child already has a family.” Yes, that’s what we want, and it’s well worth the wait.

  9. Linh,

    I know agencies are not going to admit to the behavior that has led to the mess we are currently in or that Holt or Pearl S. Buck aren’t putting the money they get to good use. My point was that it should not take $25,000 (not including travel) to complete an adoption in a country where the per capita income for 2006 was under $800. I am sure the “bad” agencies are using the excess money to grease the wheels and bring in more babies. While agencies such as Holt are puting those funds to humanitarain projects. But wouldn’t it better for an agency such as Holt to scale back their projects, charge $10,000-12,000 (forcing other agencies to follow suit to stay competitive) which would not leave any agency $8,000 excess dollars to pay for a referral of a child. I think the agency fees for Holt (per their web site) are under $6,000 (for dossier and homestudy). That would leave an excess $4,000-6,000 to go toward in country fees and humanitarian needs. Sure it’s no $5,000-17,000 but hasn’t that higher number gotten us where we are today? Four thousand dollars (per family) could really add up and would go a long way in a country where most people don’t make a quarter of that a year.

    Maybe I am being too simplistic in my thought process. But AP are willing to pay the huge fees because we know we have to if we want to adopt a child. It’s not like you can bargain down the prices. But all that excess money in the wrong hands can be disasterous. Wouldn’t it be better to run those agencies out of business that rely on those huge sums to pay people off than for every agency to just keep going with the status quo…..seems to me having large scale projects (which require way more money) are great, but no if the whole country shuts down and that money is no longer coming in.

    • I’m not sure where you’re getting $25K without travel. Both Holt’s and Pearl S. Buck’s published fees are lower than that. On Holt’s website (http://www.holtintl.org/adoption/fees.shtml), I added up the fees (including home study and post-placement costs) and got ~$17,020. For Pearl S. Buck, (http://www.psbi.org/site/DocServer/Vietnam_Out_of_Area__Fee_Schedule.pdf?docID=475) the cost is $17,900 (that is without a homestudy), with a homestudy (http://www.psbi.org/site/DocServer/Vietnam_In_Area__Fee_Schedule.pdf?docID=474), the cost is $19,500. That’s more than Holt, but less than $25K. Part of the problem is that comparing agency fees is like comparing apples to coconuts. It is very difficult to determine what each agency does with all that money. Just having some agencies lower their fees doesn’t necessarily mean that all other will be forced to follow suit, because it unclear how each agency actually uses the money. For instance, does the agency pay all of the embassy fees as a part of the agency’s program fee, or do the adoptive parents have to pay out-of-pocket above what they’ve already shelled-out? It is just a small example, but it does show that some of the money, in some agencies, goes to things that are not orphanage-related. Requiring agencies to post their fees in a standard, explicit form would make it so much easier to compare exactly what covered by the fees and how the fees are allocated.

Leave a Reply

Your email address will not be published. Required fields are marked *