THE EVAN B. DONALDSON ADOPTION INSTITUTE
December 2003 E-NEWSLETTER

IN THIS ISSUE

1. Laws, Policy & Practice

2. Research

3. News

4. About the Evan B. Donaldson Adoption Institute

1. Laws, Policy & Practice

U.S. SIMPLIFIES CITIZENSHIP FOR INTERNATIONALLY ADOPTED CHILDREN

The U.S. Citizenship and Immigration Services announced last month a Child Citizenship Act (CCA) Program to streamline the acquisition of Certificates of Citizenship for internationally adopted children.  The CCA Program will both end the existing backlog of applications for certificates and begin automatically providing (without application or fee) these Certificates to children whose adoptions were finalized overseas (i.e., IR-3 visa category) within 45 days of entering the United States. Children with IR-3 visas comprise about 70 percent of all internationally adopted children. The CCA of 2000 granted automatic citizenship for children adopted from other countries. To read the U.S. Citizenship and Immigration Services’ press release, go to: http://uscis.gov/graphics/publicaffairs/newsrels/CCA_Release.pdf

ORGANIZATIONS EXPRESS INTEREST IN BECOMING ACCREDITING ENTITIES
 The State Department reported that three private organizations – the Council on Accreditation, the Intercountry Adoption Congress and the World Child Foundation – and eight state licensing authorities submitted statements of interest to become designated accrediting entities under the Intercountry Adoption Act (IAA). The Department also established a second cycle for additional organizations to file statements of interest, stipulating that it is “under no obligation to designate qualified accreditors who apply during this second opportunity period at the same time as other accreditors who applied by the initial deadline.” The second deadline is April 20, 2004. The public comment period for input on the proposed accreditation, approval and Convention records regulations implementing the IAA and Hague Convention ended Dec. 15, 2003. Additionally, the Departments of State and Homeland Security announced last month that they “will be working closely together during the coming year to craft new regulations to implement the Intercountry Adoption Act’s expanded definition of ‘adoptable children,’ and address procedural changes and new responsibilities that will be assumed in order to make Hague implementation a reality.” To read about accrediting entity applicants, go to: http://travel.state.gov/aea_list.html; to read about the second submission cycle, go to: http://travel.state.gov/rsi_second_opp.html; to read the press release, go to: http://uscis.gov/graphics/publicaffairs/statements/hague111703.pdf.

LEGISLATION INTRODUCED TO REFORM INTERCOUNTRY ADOPTION
Senator Nickles (R-OK) introduced the Intercountry Adoption Reform Act (S.1934, ICARE) on November 23, 2003, to create an Office of Intercountry Adoptions (OIA) in the State Department. The OIA would be charged with performing six functions, including approving families to adopt internationally, determining that children are legally free for adoption, and assuming immigration functions from the Department of Homeland Security. ICARE would also confer United States citizenship on children upon entry of the final adoption decree, not upon entry into the United States. The bill amends the Immigration and Nationality Act's definition of “adoptable child” so the Intercountry Adoption Act definition applies in non-Hague Convention cases, too. The bill is currently with the Committee on the Judiciary.  To read the bill, go to: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_bills&docid=f:s1934is.txt.pdf

CONGRESS CONSIDERS PERMANENT ADOPTION TAX CREDIT
The Senator Bunning (R-KY) introduced legislation (S1931) last month to make the adoption tax credit permanent. Currently, the credit is set to expire December 31, 2010, reducing the maximum credit from $10,000 to $5,000 and making the adoptive parents of children with special needs eligible for only $6,000 in qualified expenses, not a flat $10,000 credit. The bill is with the Committee on Finance. A companion bill (HR336) was introduced in the House in January 2003 and has been sitting in committee since then.  To read S1931, go to: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_bills&docid=f:s1931is.txt.pdf

COURT FINDS TWO-TIER SUBSIDY SYSTEM UNLAWFUL

The Court of Civil Appeals of Oklahoma last month issued a decision finding unlawful that state’s imposition of a lower Title IV-E subsidy cap for adoptive families of children with special needs versus foster families. The Court held that “Adoptive parents are entitled under the [Adoption and Child Welfare] Act to negotiate for an amount of assistance up to, but not in excess of, that amount of assistance available to foster parents.” The Court reasoned that the state’s system was contrary to the objective of adoption assistance. To read the appellate court's decision, go to: http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=438133.

2. Research

U.N. REPORTS 34 MILLION ORPHANS IN AFRICA, 11 MILLION BECAUSE OF AIDS

A United Nations Children’s Fund report last month found that there are more than 34 million orphans in sub-Saharan Africa, 11 million of whom were orphaned by HIV/AIDS. “Africa’s Orphaned Generations” predicts that, by 2010, 20 million children under the age of 15 will have lost one or both parents to HIV/AIDS. Children who have lost both parents, to HIV/AIDS and other causes, numbered nearly 6 million in 2001 and that will increase to almost eight million in 2010, according to the report. Twelve percent of all children in sub-Saharan Africa are orphans, compared to 6.5 percent in Asia and 5 percent in Latin America and the Caribbean. To read the report, go to: http://www.unicef.org/media/files/orphans.pdf.

SURVEY SHOWS POSITIVE ATTITUDES EXCEED WILLINGNESS TO ADOPT OR FOSTER

A telephone survey of more than 1,000 California households in fall 2000 found that 91 percent had a generally positive impression of adoption, while only 60 percent had a positive impression of foster care.  In answer to the question, “How likely is it that you yourself would seriously consider providing either a temporary home to a child as a foster parent or a permanent home to a child as [an] adoptive parent at some point in your life,” 15 percent said very likely, 32 percent somewhat likely, 23 percent not too likely, 29 percent not at all likely, and 1 percent no opinion. Of the 47 percent who indicated a willingness, 55 percent preferred adoption. The study, “Attitude, Interest and Motivation for Adoption and Foster Care,” by Tyzoon Tyebjee, was published in the November/December 2003 issue of Child Welfare. It also examined respondents’ characteristics associated with attitudes toward adoption and foster care, as well as willingness and motivations for adopting and fostering. For instance, among all respondents, the greatest barriers to adopting or fostering were family size, age, resource limitations, and the child returning to birthparents. To order the journal, search for Child Welfare Journal at http://www.cwla.org/pubs/titl.htm.

STUDY SHOWS MOST AMERICANS SUPPORT ADULT ADOPTEE ACCESS TO RECORDS

The vast majority of Americans – 84 percent – believe that adult adoptees should have full access to their adoption records, while only 12 percent believe they should not, according to a new study. The Findlaw Birth Records survey asked 1,000 adults, “Should adopted children be granted full access to their adoption records when they become adults?” Eighty-four percent of respondents with children answered yes. The results, released November 25, 2003, on PR Newswire, have a 3 percent margin of error.  To read about the survey, go to: http://company.findlaw.com/pr/2003/112503.adoptiondocs.html

 

3. News


ADOPTION REFORMS IMPLEMENTED IN MARSHALL ISLANDS
A December 20, 2003, article in the Baltimore Sun by Walter Roche Jr. reports that public awareness about adoption reform is spreading in the Marshall Islands as a result of a 2002 law establishing a Central Adoption Authority (CAA), which began operating October 1, 2003. According to “Marshallese Adoption Authority Begins Getting a Trickle of Calls,” the CAA is currently reviewing agency applications for licenses and it has received about two calls a month about unethical or illegal adoptions. In response to reported abuses, a 2002 law requires all adoptions to be processed by the CAA, which licenses and regulates agencies, educates birth parents about the permanency of adoption, and screens complaints, referring violations to the attorney general for prosecution. The law also prohibits the solicitation of birth mothers and bans arranging for them to leave the republic to finalize adoptions. To read the article, go to:http://www.sunspot.net/news/bal-te.adopt20dec20,0,4516045.story?coll=bal-home-headlines

FLORIDA AGENCY FACILITATING GUATEMALAN ADOPTIONS UNDER SCRUTINY
The Florida Attorney General’s office is investigating whether International Adoption Resource (IAR) engaged in unfair and deceptive advertising and business practices, according to “Agency’s Practices Scrutinized” in the December 27, 2003, edition of the Tallahassee Democrat. The article by Jon Burstein reports that an IAR employee is wanted in Costa Rica on an international arrest warrant for trafficking in minors after nine Guatemalan babies were found in a Costa Rican house leased by the agency. The state Department of Children & Families already suspended the agency’s license in early December. A U.S. State Department notice advises that pending cases in which prospective adoptive parents are working with IAR and in which a power of attorney was filed will be processed on a case-by-case basis and examined for signs of fraud. The State Department informs parents that they “can engage different attorneys if they wish as the Guatemalan Government recognizes the attorney, not the agency, as the legal representative of a pending adoption” and warns that the U.S. Embassy will not accept new cases from IAR. To read the article, go to: http://www.tallahassee.com/mld/democrat/news/local/7578064.htm; to read the State Department notice, go to: http://travel.state.gov/guatemala_notice2.html.

GAY COUPLE ACCUSES ADOPTION WEBSITE OF DISCRIMINATION
A December 16, 2003, article in the San Jose Mercury News by Tracy Kaplan reports that a San Jose, Calif., homosexual couple is suing Adoption.com for refusing to post their prospective adoptive parent profile for consideration by women contemplating placing children for adoption. The couple alleges that the action violates California’s law prohibiting discrimination on the basis of sexual orientation. Adoption.com counters that it is only subject to the laws of Arizona, the state where it is based. According to “Gay S.J. Couple Sue Adoption Site,” Adoption.com stated that “the firm refused to list the profile because scientific research has shown children thrive best in a traditional two-parent household,” but did not reference any studies for support. A recent Adoption Institute study found that 60 percent of all adoption agencies accept applications from lesbian and gay prospective adoptive parents, while 39 percent of all agencies have placed at least one child with a homosexual adoptive parent.    To read the article, go to: http://www.bayarea.com/mld/mercurynews/news/local/7509293.htm

NEVADA SENATE SUBCOMMITTEE TO STUDY UNSEALING ADOPTION RECORDS
A December 17, 2003, Associated Press article reports that the Nevada Senate Committee on Children, Youth and Families – after a hearing in which adult adoptees pressed their case for opening birth and adoption records – decided to establish a subcommittee to study the issue. The Las Vegas Sun’s “Adults Who Were Adopted Want Nevada Records to be Opened,” reported that among those presenting testimony was the daughter of a late Senator who discovered she was adopted after his death. A 2003 bill to reverse the 1953 law closing records was not acted upon by another Senate Committee. To read the article, go to: http://www.lasvegassun.com/sunbin/stories/nevada/2003/dec/17/121710153.html.

4. About The Evan B. Donaldson Adoption Institute

Since its establishment in 1996, the Evan B. Donaldson Adoption Institute has been a pre-eminent, independent voice for improving adoption for everyone it touches - particularly children - through innovative programs, educational initiatives, research and analysis, and advocacy for better practices, policies and laws.

Our award-winning web site, www.adoptioninstitute.org, is a popular and reliable source for accurate adoption information. Read past e-Newsletters at http://www.adoptioninstitute.org/whowe/nl_archives.html.

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