Well, I am supposed to be packing for Vienna, but I got caught up in some headlines and here I am, finally posting to my blog. I had to pick the cobwebs off first, but I think this will work 
Yesterday, I headed out to Komarivka to visit the kids again. This time I was greeted by a new little guy I hadn’t seen before. Geoff thinks he may be new to the orphanage. His name is Zhenya, and he has the cutest cheeks I had ever seen and eyes like little saucers. I wish I had a picture of him, but I didn’t have my camera with me. After walking around with me outside, we went into one of the rooms where a bunch of the younger children were watching some cartoon movie about birds going to war. There he sat on my lap, and we watched the movie with the other kids. Natasha and Anya were there. Zhenya tried to share his chewed gum and half-eaten banana with me, but I politely refused and pinched his cheeks.
Geoff and I spent much of the drive there and back discussing developments in the Ukrainian adoption system over the last decade or so. I was able to contribute to the conversation through some of the research I had done at La Strada focusing on child trafficking and exploitation.
First of all, there are three kinds of adoption: domestic- which involves parents and children of the same nationality in the same country; intercountry- which involves the child moving to another country other than the one it resides in regardless of the parent’s nationality; and lastly there is international- which involves parents of a different nationality than the child, who may or may not reside in the same country that the child resides in.
Examples:
Ukrainian child adopted Ukrainian parents living in the U.S.: Intercountry, but not International
Ukrainian child adopted by U.S. parents living in Ukraine: International, but not Intercountry
Ukrainian child adopted by U.S. parents living in the U.S.: International and Intercountry
Perhaps today you saw the article in the NY Times about the families having difficulties bringing children whom they’ve adopted from Vietnam to the U.S. Some families in California that are having a very difficult time bringing back children they have adopted from Vietnam due to restrictions placed on the process by the U.S. government.
Twenty-one entry visas for children have been rejected in the last two years, according to the State Department. More than half the denials have come since last October, prompting complaints that the department is singling out individual cases to embarrass the Vietnamese government into changing its adoption process…
The State Department says it is making sure babies are legitimately available for adoption.
“It would be unforgivable for us to look at a case and think something is wrong, then to let it go,” said Michele T. Bond, the State Department’s deputy assistant secretary for overseas services. Ms. Bond said Vietnam had never posted a schedule of adoption fees, as required in the bilateral agreement, and said documentation on how some babies came to be orphaned “is unreliable.”
The State Department warning said that embassy personnel had seen “an increase in the number of irregularities appearing in orphan petitions and visa applications,” and “significant increases in the number of abandoned children” in two provinces, including Thai Nguyen, where the three contested babies were adopted.
Now the families have gone through some extreme and expensive measures of ensuring that the babies have not been adopted or abandoned under falsities or coercion including hiring high-priced Vietnamese lawyers and staying in-country for months at a time.
Newsweek printed an article earlier this month on what was going on in the international/intercountry child adoption scene noting that intercountry adoptions have decreased over the last few years, and the article quotes lawyers who blame UNICEF for this fact stating that the agency is placing too much emphasis on trying to find ways of ensuring children stay within their own culture and, where possible, their birth family.
There is no argument over the need for adoptive homes—UNICEF estimates that there are 143 million orphans in the world—or the unprecedented interest among Westerners eager to adopt. And children’s advocates of all stripes agree that when possible, children should be raised by their own families and in their own cultures. But there seems to be a discrepancy over what qualifies as “when possible.”
The other thing that their should not be discrepancy over is the use of adoption for exploitative purposes. This is from a document entitled, “Measures to Counteract Child Trafficking And Commercial Sexual Exploitation of Children in Ukraine.”
In recent years many abuses and illegal acts connected with child adoption have occurred. This form of alternative family care has been turned into a profitable business by traffickers, particularly as adoption has become ‘globalised’, with a rapid increase in intercountry adoptions of children born in countries with less developed legal structures to protect them, who are offered to couples who are unaware or unconcerned with the measures employed to facilitate the adoption.
In some cases, mothers or parents are paid to sell their babies or young children. There are numerous cases of birth certificates or similar documents being forged to show that babies belong to someone other than the birth mother. Child trafficking for illegal adoption is a problem in Ukraine. After the collapse of the USSR, a large number of foreign citizens waiting to adopt children came to Ukraine. At that time, the procedure was very simple: after filling out the forms, a foreign citizen could adopt a child from a regional (oblast) adoption centre. As there was no relevant legislation to regulate this, a large number of minors were thus taken abroad.
Thus, when there were no regulations to monitor the welfare of the child, it left an easy route for traffickers to bring children abroad to be exploited. Now Ukraine has much more strict regulations regarding foreign adoption, and in fact, closed the foreign adoption procedure down all together for some time in the 90s after it was discovered doctors were involved in the criminal sale of newborns from hospitals.
While I can see the frustration of these families, and the fact that they have put forth the effort to try to ensure they are not taking part in parents either knowingly selling their children or unknowingly losing their children, it is also a balancing act that only works if the two countries practice transparent and well-documented procedures for conducting foreign adoptions. The kind of money Western families are willing to pay for foreign adoption may seem like a testament to their love for their child, but they could also be unknowingly contributing to a new kind of trade in children driven by unprecedented profits. Alexandra Yuster of UNICEF hits this point in the Newsweek article-
“We’re concerned with the commercialization of vulnerable children,” says Yuster. “It gives an incentive to intermediaries to look for the kind of children these families most want to adopt.” Some poor mothers are tricked into relinquishing healthy babies, while disabled and older children living in state institutions are left out of the foreign adoption loop because there’s no profit incentive to match them with families. “Adoption is supposed to be about finding homes for children, not finding children for families,” she says.
The only catch here is that some countries, such as Ukraine, actually allow foreigners to adopt children with severe problems earlier. For example, according to Ukrainian adoption legislation, normally a foreigner can only adopt a child once he/she has been “in the system” for more than one year, except in the case that the child has special needs such as HIV, Down’s Syndrome, impairments of brain activity, heart diseases, etc. In fact, it was explained to me that in fact some foreign families are actually shown and must reject two or three children with these problems first before they are shown children in full health.
Now this balancing act tips against the children in another way when children are able to be adopted and there are foreign families who want to adopt them, but rules, regulations, laws, or immigration problems forbid the adoption from occurring and the children end up remaining in state care for extended periods of time. The fact that a foreign company is coming in to replace the heating system so that the children don’t have to walk around inside the orphanage with their coats on is revealing as to what kind of priority and funding the state puts into institutional care for its orphans in Ukraine.
On the other hand, most of these children at Komarivka have families. They are called “social orphans”. Some of them even go home during the holidays to spend a day or two with their parents. For whatever reason, either the parents themselves or the state has deemed them unable to care for the children and so the children live in this home. So it is not outlandish to think that children, under better economic circumstances and social support structures, could care for their children themselves, going back to UNICEF’s point.
I realize this post hardly settles the issue, and I feel a bit biased in one direction because I have now had the chance to see how these children live under state care, and how many of them end up stuck in orphanages for extended periods of time with no one to look out for them once they are 18 and out on their own. And how much they love to just walk around holding hands or sit against me while we watch a movie- it’s a starvation for affection like I have never seen. At the same time, I am pulled in the other direction by my research, which has shown that the commercialization and profit margin of criminal activity mixed with foreign adoption is driving a trade in children, and families are either losing their children under coercive circumstances or giving up their children at the thought of gaining money from this increasingly lucrative process.