Adoption Notice: Suspension of Adoptions of Abandoned Children in Nepal
August 6, 2010
view - Joint Statement on Suspension of Processing for New Adoption Cases Based on Abandonment in Nepal

Q. Why is the United States government suspending adoptions from Nepal?

A. The Department of State and U.S. Citizenship and Immigration Services (USCIS) have decided to suspend processing of new adoption cases from Nepal that involve children who are claimed to have been found abandoned, because documents presented in support of the abandonment of these children in Nepal have been found to be unreliable and circumstances of alleged abandonment cannot be verified because of obstacle in the investigation of individual cases.

Q:  Adoptive parents have received immigrant visas for their Nepali children from the U.S. Embassy in Kathmandu as recently as a few weeks ago.  What has changed since then?

A. A review of recently processed cases established a disturbing pattern indicating that available documentation cannot be relied upon to make determinations that a child reported abandoned qualifies as an orphan under U.S. immigration law.

Q: Does the suspension apply to all cases or only to cases in which a child was allegedly found abandoned?

A.     The suspension applies only to cases where a child is alleged to have been found abandoned.

Q.  When is the suspension going into effect?

A. The suspension is effective as of August 6, 2010, for all new adoption cases involving children from Nepal who have been reported abandoned.

Q.  What is a “new” adoption case that will be covered by the suspension?

A. The suspension applies to cases in which the Government of Nepal has not issued an official referral letter to prospective adoptive parents to propose a match with a specific child from Nepal who has been reported abandoned.  If the Government of Nepal has issued the referral letter prior to August 6, 2010 the case will be considered in the pipeline of existing cases and will continue to be processed.  If no such referral letter has been issued prior to August 6, 2010 the case will be suspended.

Q.  Based on what authority is the U.S. Government suspending adoptions from Nepal?

A. The Department of State has concluded that the documentation presented for children reported abandoned in Nepal is unreliable.

Without reliable documentation, such children cannot meet the definition of orphan under U.S. immigration law.  Based on this determination and obstacles in the investigation process the U.S. Government has suspended the processing of new adoption cases that involve children who are reported abandoned.

Q.  What evidence does the U.S. Government have to support the suspension?

A. The Department of State’s ongoing interactions with the Government of Nepal and the review of numerous cases, including field visits to orphanages and police stations, led them to conclude that information regarding how children arrive at orphanages is consistently inadequate and that documents presented to establish that a child was found abandoned are unreliable.  Investigations of abandonment cases have been hampered by the unavailability of officials involved in reports of abandonment, and police and orphanage officials’ refusals to allow consular officers access to police and orphanage records.

Q.  Has the U.S. Government made any effort to address the problems with the Government of Nepal?

A. The U.S. Government, in cooperation with other countries that are active in intercountry adoptions, has consistently encouraged the Government of Nepal to ratify and implement the Hague Adoption Convention.  Nepal is a signatory to the Convention.  We have also urged the Government of Nepal to implement the recommendations made by the Hague Permanent Bureau Intercountry Technical Assistance Program (ICATAP) as a first step toward fulfilling its commitment as a signatory to The Convention.  We believe that the Hague Adoption Convention incorporates the best practices in intercountry adoption, which are intended to protect the rights of the children and the families involved in intercountry adoption.

Q:  Will there be any exceptions to the suspension?

A. No.  Prospective adoptive parents who the Government of Nepal has matched with a child reported abandoned after August 6, 2010, will not receive a decision on a petition for that child.

Q.  Are there any cases in Nepal that do not involve children reported abandoned?

A. Not at the present time.  However, in the case of a relinquishment by known birth parent(s), the application would be processed under normal procedures.  DNA evidence may be necessary to establish the relationship between the birth parent(s) and child.

Q.  When will adoptions from Nepal resume?

A. We are unable to predict when adoptions involving children who are reported abandoned in Nepal will be able to resume. We encourage the Government of Nepal to implement sufficient protections to ensure the integrity of the intercountry adoption process.

Q.  What will happen to families who are already matched with a child from Nepal?

A. The suspension applies to abandonment cases in which the prospective adoptive parents have not yet been matched with a child from Nepal.  The Government of Nepal’s Ministry of Women, Children and Social Welfare issues an official “referral letter” to inform prospective adoptive parents of a proposed match.  If the Government of Nepal has issued the official referral letter prior to August 6, 2010, the case will be processed to conclusion.  In light of concerns regarding the validity of documents supporting abandonment cases in Nepal, the cases will be carefully investigated and only those in which there is sufficient credible evidence to conclude a child has been found abandoned will be approved.  If consular officials at the U.S. Embassy in Kathmandu determine that a case is not clearly approvable, they are required to forward the Form I-600, Petition to Classify an Orphan as an Immediate Relative, to the USCIS office in New Delhi for review.  USCIS and the Department of State will process each case individually, based on the evidence presented and the results of the investigation.  If additional information is required to complete the processing of any particular case, USCIS will request additional evidence specific to the facts of that particular case, and the prospective adoptive parents will have an opportunity to respond.

Q.     How many cases are in the “pipeline”?

A. Based on information provided by the Government of Nepal, we estimate that there are approximately 80 cases in which U.S. families have been matched with a child in Nepal, but in which the Form I-600 petition has not been adjudicated or a visa has not been issued.

Q. Can a family that has begun the process of adopting in Nepal decide to adopt a child from a different country now?

A.     Yes.  If prospective adoptive parents have already filed or received approval of a Form I-600A, Application for Advance Processing of an Orphan Petition, that specifies Nepal as the country from which they intend to adopt, they are permitted to request one no-fee change of country.  If the prospective adoptive parents have already filed a Form I-600, Petition to Classify an Orphan as an Immediate Relative, on behalf of a Nepali child, they may withdraw the petition.  Upon withdrawal of the petition, the prospective adoptive parents may request a change of country and file another Form I-600 petition on behalf of a different child, as long as their Form I-600A approval remains valid.

Q.     What are other countries that process adoptions of Nepali orphans doing?

A. Belgium, Canada, Denmark, France, Germany, Israel, Italy, Norway, Spain, Sweden, Switzerland, and the United Kingdom have re­cently suspended adoptions in Nepal based on similar concerns.

Adoption Notice: Vietnam

From: U.S. State Department

July 28, 2010

Intercountry adoption is not possible from Vietnam at this time. Adoption service providers and prospective adoptive parents should not seek or accept new (or potential) adoption referrals from Vietnam until an announcement is posted that the United States Citizenship and Information Service (USCIS) is again processing new I-600 or I-800 petitions for adoption in Vietnam.  No such announcement is expected in the near future.

In June 2010, the Vietnamese legislature passed a new adoption law scheduled to take effect January 2011.  Vietnamese officials are now drafting regulations and procedures to implement this new law and achieve Vietnam’s stated goal of acceding to the Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption (the Convention).
Vietnamese law requires that in order for adoptions to resume from Vietnam, either a new bilateral agreement must be in place between the United States and Vietnam, or Vietnam must accede to the Convention.

The United States recognizes these initiatives as significant developments in the renewed commitment by the Government of
Vietnam to strengthen its child welfare system and the integrity of its domestic and international adoption process.   Nevertheless, adoption service providers and prospective adoptive parents are cautioned that important steps must still be taken before Vietnam completes this reform process and before intercountry adoptions between the United States and Vietnam can resume.

Most importantly, the Government of Vietnam must draft, finalize, and promulgate regulations and standards that, among other things, will establish procedures to:

• Accredit and regulate U.S. adoption service providers to perform adoption-related work in Vietnam;
• Establish adoption fees and procedures for monitoring their collection;
• Clarify procedures for reporting and reviewing donations that may be made to orphanage and child welfare
  organizations by organizations or individuals engaged in intercountry adoption to ensure that such donations do not influence placements, procedures, or approvals;
• Evaluate the suitability of prospective adoptive parents; and
• Ensure that all required efforts for domestic placement have been fully met before a child is considered for intercountry adoption.

Under U.S. law, if/when Vietnam becomes a party to the Convention, the United States Central Authority (USCA) must be able to certify that procedures leading to the adoption of a child in Vietnam would conform to the standards established by the Convention and the U.S. Intercountry Adoption Act (IAA).  The USCA may not determine whether such a certification can be made until

Vietnam has completed the accession process.  For these reasons, prospective adoptive parents are warned not to enter into any agreement, implied or stated, regarding the prospective adoption of a child in Vietnam until such a time as the USCA determines that Vietnam’s process complies with the Convention and IAA, and USCIS has announced that I-800 petitions for Vietnamese children are being accepted for processing.

The USCA cautions adoption service providers that they should not offer or appear to offer adoption services in Vietnam (other than for those transition cases still being processed under the former regulations) until specific adoption service providers have been accredited or otherwise approved by the Government of Vietnam.  In addition, under applicable U.S. regulations, accredited or approved adoption service providers may only provide services in a Convention country if the USCA has determined that the Convention country is compliant with Convention standards.  That determination cannot be made in relation to Vietnam until after its accession to the Convention.

The United States welcomes Vietnam’s strong efforts to create a child welfare system and an intercountry adoption process that will meet its obligations under the Convention.  Although the Government of Vietnam has proposed a timeline for completing the regulations and making a formal request to be recognized as a Convention partner, it is not possible to estimate when adoptions between the United States and Vietnam may resume.

Updated information will be provided on www.adoption.state.gov as it becomes available.

Russia Update:

This past weekend Adoption Options hosted our summer reunion picnic.  We had a great time catching up with all of our families that have adopted and seeing the new children that have come home since our last picnic.  During several conversations families told me that they thought Russia was closed to adoptions, which it is not.  Sadly this is a result of false media reporting.  Russia is open for adoption in all of our regions.  We are receiving new referrals.  We have families traveling to meet their children.  We have families traveling for court.  We have families traveling to bring their children home.  Please help us correct this misperception by spreading the word that adoptions are open in Russia and encourage anyone interested in adopting from Russia to contact us.

Warm regards,

Brent E. Yoder, LCSW

Executive Director

Dear Families,

Many of you have donated to our fund drive for food for the orphanages in Kyrgyzstan.  We have collected approximately $4000 to-date.  Over this past weekend many of you witnessed the news reports about civil unrest in Kyrgyzstan thus negatively impacting the orphanages even more.  We have spoken with the orphanage director in Tokmok and know that they are without even basic commodities such as flour, salt, etc.  We plan on taking the money donation to Kyrgyzstan in July and buying the food needed and then donating this to the orphanages.

I am making one last plea for donations to this cause.  We will be closing our donation drive as of July 1, 2010 so that we can get the food for the children in July.  Please consider helping feed the children.  Thank you for your consideration.

Warm regards,

Brent E. Yoder, LCSW

Executive Director

As of June 9, 2010, Adoption Options has received $3,575 in donations to benefit orphaned children in Kyrgyzstan.  Adoption Options is in a process of working out the logistics on delivering the funds to Kyrgyzstan orphanages.

If you would like to make a donation, please send a check made out to Adoption Options with a note ‘Kyrgyzstan Orphan Relief’. All donations are tax deductable, and we provide a donation receipt for all donors.

From the U. S. State Department

May 26, 2010

Caution About Pursuing Adoption in Nepal

The U.S. Department of State strongly discourages prospective adoptive parents from choosing adoption in Nepal because of grave concerns about the reliability of Nepal’s adoption system and the accuracy of the information in children’s official files.  The Department also strongly discourages adoption service providers from accepting new applications for adoption from Nepal until reforms are made, and asks them to be vigilant about possible unethical or illegal activities under the current adoption system.

The Hague Conference on Private International Law recently released a report on its Intercountry Adoption Technical Assistance Program, based on a visit by a delegate from the Hague Conference’s Permanent Bureau to Nepal in November 2009, available at (http://www.hcch.net/upload/wop/nepal_rpt09.pdf).  This report is the result of an independent analysis of Nepal’s intercountry adoption system under the new Terms and Conditions put in place in 2008.  The report details a number of weaknesses in Nepal’s adoption system, including ongoing concern about the falsification of documents, improper financial gain, and lack of a child protection system.

Although the U.S. Embassy in Nepal has only seen a handful of adoption cases since the new Terms and Conditions went into effect, we share many of the concerns outlined in the Hague report.  As a case in point, in one of the first cases processed by the Government of Nepal after the revision of the Terms and Conditions, the U.S. Embassy in Kathmandu found that the adopted child was not a true orphan and that the birth parents were actively searching for the child.

We encourage parents who have filed an application with the Ministry of Women, Children and Social Welfare (MoWCSW) in Nepal, but have not yet been matched with a child or received an Adoption Decree issued by the Government of Nepal, to consider a change of countries. The United States Citizenship and Immigration Services (USCIS) allow one change of country to be made in connection with one’s I-600A application without fee.  A request to change countries should be made in writing to the USCIS Field Office where the I-600A was originally filed.  More information about how to request a change of country can be found on the USCIS website at www.uscis.gov (Any subsequent request for a change of country would require a fee.).

Hague-accredited U.S. adoption services providers, and adoption service providers that may apply for Hague accreditation in the future are reminded that their actions in facilitating and/or processing adoptions in any country (whether Hague or non-Hague) will be evaluated during the Hague accreditation or accreditation renewal processes in accordance with the accreditation regulations (22 CFR Part 96), including whether, among other things, the provider has established and rigorously followed ethical adoption practices and operates in the best interest of prospective adoptive children.

Consular Officers are required to conduct an I-604 investigation to verify the child’s orphan status prior to immigrant visa processing.  We generally rely upon the host government’s diligence to protect the safety and interests of their own children through careful administration of their national adoption process and use the I-604 investigation to confirm that this process has been followed.  Because Nepal’s adoption process is questionable, it can be very difficult to satisfy the requirements of the I-604 investigation.  Thus, these investigations could take a matter of months.  Prospective adoptive parents are advised that they need to have flexible travel plans and be prepared to stay in Nepal while awaiting the results of the I-604 investigation or plan to make two trips (one to finalize the adoption and a second after the I-604 investigation is completed to bring their child home.)

When an I-600 is adjudicated by USCIS in the United States, consular officers must then conduct an I-604 investigation once the approved petition reaches the Embassy in Nepal to verify the child’s orphan status prior to immigrant visa processing.  For I-600 applications filed at the U.S. Embassy in Kathmandu, the I-604 investigation is initiated after the prospective adoptive parents have appeared before a consular officer to sign the application.

Both DOS and USCIS recognize that it would be preferable for the I-604 investigations to be completed earlier in the process.  However, under current procedures, the U.S. Embassy cannot begin the I-604 investigation until the PAPs have filed their I-600 application and have submitted the necessary documents pertaining to the adoptive child, such as police reports, newspaper announcements and certification of orphan status. The Department of State and USCIS are currently in discussion about possible ways to revise the procedures under U.S. Government control to mitigate this problem.

The U.S. Embassy in Kathmandu continues to meet with officials within the Government of Nepal and with other foreign missions concerning the current status of adoptions in Nepal.  The February 25, 2010 joint statement issued by the International Adoption Working Group (an ad hoc group of Embassies in Nepal who have an interest in intercountry adoption issues) may be found at http://nepal.usembassy.gov/pr-2-24-2010.html. Adoptive parents may contact the Embassy at adoptionsnepal@state.gov if they have questions. Please continue to monitor http://adoption.state.gov for updated information as it becomes available.

From the U. S. State Department

May 24, 2010

On May 17, 2010, U.S. Embassy Branch Office Almaty confirmed that the Ministry of Education of Kazakhstan has instructed Kazakhstan’s Embassy in Washington and Consulate General in New York not to accept new intercountry adoption dossiers.  The Ministry said the moratorium on new adoption cases will remain in effect until Kazakhstan implements a system that is compliant with the Hague Adoption Convention; Kazakhstan intends to put such a system in place by September 2010.  Kazakhstani officials have said the moratorium will not affect adoptions that are already in process.

As of today, Adoption Options has received $525 in donations to benefit children in Kyrgyzstan. We would like to express our deapest thanks to the donors! If you have any questions, please do not hesitate to contact the Executive Director, Brent Yoder.