THE EVAN B. DONALDSON ADOPTION INSTITUTE
January 2004 E-NEWSLETTER
IN THIS ISSUE
1. Laws, Policy & Practice
2. Research
3. News
4.
Resources
5.
About the Evan B. Donaldson Adoption Institute
1. Laws, Policy & Practice
APPEALS COURT UPHOLDS FLORIDA'S BAN ON ADOPTION
BY HOMOSEXUALS
The 11th Circuit Court of Appeals upheld
Florida's prohibition on adoption by homosexuals, the
only such blanket ban in the country. The court
rejected constitutional challenges in its January 28,
2004, decision in the Lofton case, called adoption a
privilege not a right, and held that the state has
broad discretion to regulate it. In applying the
lowest level of review to the sweeping prohibition,
the Court dismissed the equal protection claim,
accepted the state's asserted rationale that children
should be adopted by families composed of married
mothers and fathers (though, in practice, children are
often placed with single parents and foster children
are placed with homosexuals). The Court also rejected
the due process argument that foster parents and
children have a right to family integrity. To read the
opinion, go to: http://www.ca11.uscourts.gov/opinions/ops/200116723.pdf.
NEVADA'S HIGH COURT RULES IN FAVOR OF VISITATION
BY BIOLOGICAL SIBLINGS
The Nevada Supreme Court
ruled that the state must provide a teenager in foster
care with information about the adoptive placements of
her biological siblings. Specifically, the Court last
month ordered the state to provide the addresses of
the two adoptive families so that the teenager can
serve the adoptive parents with petitions for sibling
visitation. The Court found that the state agency
defied a previous family court order to develop a
sibling visitation plan with prospective adoptive
parents before the children were permanently placed.
Moreover, the Court rejected the state's argument that
releasing the adoption records would make families
less likely to adopt. To read the opinion, go to: http://www.leg.state.nv.us/scd/119NevAdvOpNo68.html.
UNICEF SUPPORTS INTERCOUNTRY ADOPTION OVER
INSTITUTIONALIZATION
The
United Nations Children's Fund (UNICEF) released a
position statement on intercountry adoption, stating
that support should be provided to families who need
help caring for their children and "alternative
means of caring for a child should only be considered
when, despite this assistance, a child's family is
unavailable, unable or unwilling to care for him or
her." In it's statement this month, UNICEF
acknowledged that "an appropriate alternative
family environment should be sought in preference to
institutional care." It said institutional care
should be temporary and a "last resort."
UNICEF also recognized that intercountry adoption
"may indeed be the best solution" when
adoption within the country itself is not possible.
The United Nations Convention on the Rights of the
Child had been construed by some to support
institutional care over intercountry adoption. To read
the statement, go to: http://www.unicef.org/media/media_15011.html.
US AMENDS LAW TO CURB ABUSES IN ADOPTION OF
MARSHALLESE CHILDREN
President Bush signed an amended Compact of Free
Association (H.J.Res. 63, Public Law No. 108-188). The
changed law, signed in December 2003, prohibits entry
into the United States under the Compact by Pacific
Islanders for the purpose of adoption. A 2002 Marshall
Islands law established a Central Adoption Authority (CAA),
which began operating October 1, 2003. In response to
reported abuses, the 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 bill, go
to: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_bills&docid=f:hj63enr.txt.pdf.
GOVERNMENT
OFFICIALS, EXPERTS TESTIFY ON CHILD WELFARE
The Subcommittee on Human Resources of the House
Ways and Means Committee held its third child welfare
oversight hearing in as many months on January 28,
2004. The hearing focused on what federal, state, and
local officials "can do and should be doing to
ensure the safety, permanency, and well-being of
children." Federal, state and local officials
testified, along with representatives from several
non-profit organizations, including the Pew Commission
on Children in Foster Care, Voice for Adoption and the
Child Welfare League of America. To read the
testimony, go to: http://waysandmeans.house.gov/hearings.asp?formmode=detail&hearing=122&comm=2.
UK
TO END ANONYMITY FOR DONORS OF SPERM, EGGS AND EMBRYOS
The United Kingdom Department of Health this month
announced new rules that, subject to Parliamentary
approval, will end anonymity for people donating
sperm, eggs and embryos after April 1, 2005. The new
rules, crafted after a two-year review, would allow
"donor conceived children" access to the
donors' identities at age 18. In announcing the rules,
the Public Health Minister stated: "I firmly
believe donor-conceived people have a right to
information about their genetic origins that is
currently denied them, including the identity of their
donor. There is a growing body of opinion, which I
agree with, that donor-conceived people should not be
treated so differently from adopted people. Today's
new regulations will align their positions, removing
the major discrepancy that exists between the rights
of donor-conceived people and those of adopted
people." The Department will conduct a
public-awareness campaign to educate people about the
law and the need for donors. To read the press
release, go to: http://www.info.doh.gov.uk/doh/intpress.nsf/page/2004-0023?OpenDocument.
N.H.
CONSIDERS GIVING ADULT ADOPTEES ACCESS TO THEIR BIRTH
CERTIFICATES
A New Hampshire Senate Committee is weighing
legislation (SB 335) to allow adult adoptees 18 years
and older access to their original birth certificates
upon request. Current law permits the release of
identifying information to adoptees 21 or older only
if a court has found "good cause" or if
birth parents have filed a release with the
child-placement agency and have "been contacted,
if possible, by the agency, and reaffirmed [their]
desire to be contacted." Existing law also gives
agencies receiving requests from adoptees and birth
parents discretion in cases where no release of
information has been filed for contacting birth
parents and adoptees to discover their preferences.
The pending bill permits adult adoptees access to
their original birth certificates on request and
replaces references to "natural" parents
with "birth" parents. The Public
Institutions, Health & Human Services Committee
will resume a hearing on the bill it began this month
on February 3, 2004. While the New Hampshire House has
passed open records bills in pervious sessions,
currently there is not a companion bill under
consideration in the House. To read the Senate bill,
go to: http://www.gencourt.state.nh.us/legislation/2004/SB0335.html.
2. Research
EXPERTS IDENTIFY INTERJURISDICTIONAL BARRIERS TO
ADOPTION
"Interjurisdictional Placement of Children in
Foster Care" by Freundlich, Heffernan and Jacobs
identifies policy and practice obstacles to
interjurisdictional adoptive placements of children in
foster care. Among the policy problems, the authors
cite the Adoption and Safe Families Act's failure to
address financial support of interjurisdictional
placement efforts and the absence in the Interstate
Compact on the Placement of Children of standards for
prospective adoptive placement evaluations. According
to the article in the January/February 2004 issue of
Child Welfare, practice problems include lack of
uniformity in home studies and post-placement
services. The child welfare experts make the following
recommendations to address these and other
deficiencies: increase exposure of
interjusrisdictional placements; use tools and
resources, like websites and training, more
effectively; develop new tools and resources, such as
a uniform homestudy format; promote jurisdictional
collaboration; focus on family-centered policy and
practice, i.e., placement with relatives; and utilize
existing and increase financial support for pre- and
post-placement services. To order the journal, search
for Child Welfare Journal at http://www.cwla.org/pubs/titl.htm.
SURVEY SHOWS ADOPTIVE PARENTS' PERSPECTIVES ON
THEIR KOREAN CHILDREN
A 1990 survey of 117 two-parent Caucasian families
with a least one Korean adopted child, in one
Midwestern state, found that the most frequently cited
reason for adopting a Korean child was a "desire
to adopt internationally" for mothers, while for
fathers it was a shorter waiting time. According to
"Caucasian Parents and Korean Adoptees: A Survey
of Parents' Perceptions," by Kathleen Ja Sook
Bergquist, a plurality of both mothers (46 percent)
and fathers (40 percent) responded that in terms of
racial/ethnic group, their children identified with
Koreans/Asians. A 1997 follow-up study (with 28% of
the original group responding) showed an increase in
the number of parents stating that their children had
learned about Korean culture, while at the same time
more said that in terms of racial/ethnic group, their
children identified with Caucasians. The research,
reported in Adoption Quarterly, Vol. 6, Issue 4, found
that 50 percent of fathers and 43 percent of mothers
reported "few or more" additional family
problems "upon placement of the child." At
the time of the survey, the average age of adoptees
was 5.7 years, the children were with their families
for a median of 3.5 years, and 85 percent were adopted
at age 3 or younger. To order the article, go to: https://www.haworthpress.com/store/ArticleAbstract.asp?sid=J06LDH72SMXA9M7KALM846LC9QDXCQA0&ID=34430
STUDY
FINDS TERMINATION OF PARENTAL RIGHTS DOESN'T EXPEDITE
PERMANENCY
A 2003 study of 1,995 children from several states,
"After Parental Rights Are Terminated: Factors
Associated with Exiting Foster Care," found that
termination of parental rights (TPR) did not expedite
children's discharge from foster care. The study,
which used data from the Adoption and Foster Care
Analysis and Reporting System (AFCARS), tracked a
group of children who were legally eligible for
adoption in October 1997. Only 35 percent of the
children in the sample were permanently placed at the
end of fiscal year 1998. Older children,
African-American children, children in kinship care,
and children with more placements during foster care
were less likely to be in permanent situations. The
study by Brenda D. Smith, published in Children and
Youth Services Review 25 (12), also found significant
variations from one state to another, possibly because
states define permanency or adoption finalization
differently. To order the journal, go to: http://www.childwelfare.com/kids/cysr.htm
PEDIATRICIANS FAVOR COMMUNICATION, SEARCH FOR
RELATIVES IN ADOPTION
A new American Academy of Pediatrics' report,
"Families and Adoption: The Pediatrician's Role
in Supporting Communication," provides an
overview of children's developmental understanding of
adoption and advice for parents and pediatricians
concerning communicating with children about adoption.
"From the time a child is adopted, it is
appropriate for families to use language on a routine
basis that relates to adoption," explains the
article, which notes that such "foundations are
important in the later development of positive
attitudes about adoption, a child's birth parents, and
himself or herself." The report, in the December
2003 issue of Pediatrics, also states that adopted
children's search for biological families is "a
sign of healthy emotional growth in the search for
identity." To read the report, go to: http://aappolicy.aappublications.org/cgi/reprint/pediatrics;112/6/1437.pdf.
STUDY
EXAMINES ADOPTEES' COUNTRIES OF ORIGIN, TIME SPENT IN
INSTITUTIONS
The University of Minnesota International Adoption
Project has initiated a "New Arrivals
Study," a follow up to its 2001 study of families
adopting from 1990-1998, and has received surveys from
292 families who have adopted children through
Minnesota agencies from October 2002 to June 2003.
According to "IAP New Arrivals Study" by
Gunnar, Madsen and Kamin, most of the New Arrival
children came from China (25 percent versus 10 percent
in 2001), Korea (24 percent versus 32 percent in
2001), Russia (17 percent versus 8 percent in 2001),
and Colombia (11 percent in both studies). The new
survey, published in the International Adoption
Project Fall 2003 Newsletter, found that nearly
two-thirds of the children (64 percent) spent more
than a month in institutional care, a 10 percent
increase over the prior study. The largest percentage
of children adopted were age 10-12 months (22
percent), as compared to 4-6 months in 2001 (31
percent). In both studies, about three-quarters of
parents who adopted child younger than 1-year-old
thought their children had been well or very well
cared for before the adoption. Just 10 percent of
parents in the recent survey responded that the
children had more health concerns than expected. About
65 percent of the parents were offered pre-adoption
information classes, and 77 percent said parental
leave benefits were available through their employers
(compared to 48 percent in the study's 2001 survey).
To read the article, go to: http://education.umn.edu/icd/iap/2003iapnewslette.pdf.
MOST
AMERICANS BACK EMBRYO DONATION, BUT MOST INFERTILE
COUPLES DO NOT
According to a national survey commissioned by
Resolve, a national infertility association, nearly
two-thirds (63 percent) of Americans age 18-45 believe
its is a "a good thing" for infertile
couples to try to have children with donated embryos.
Of Resolve members with frozen embryos stored from
their own infertility treatments, "only 18% said
they were likely to consider" donating those
embryos to another infertile couple, while one-third
(34 percent) of infertile members said they would
consider using someone else's donated embryos.
Three-quarters of infertile Americans said they did
not have enough information about embryo donation to
make an informed decision. Resolve is conducting a
public awareness and education campaign, funded by the
Department of Health and Human Services, to reach
500,000 people "facing decisions regarding frozen
embryos." To read the press release, go to: http://www.resolve.org/main/national/media/pressrelease/pr20031014.jsp
U.S.
BIRTH RATE, INCLUDING FOR TEENAGERS, FALLS TO RECORD
LOW
According to the Centers for Disease Control, there
were 4,021,726 births in the United States in 2002,
slightly fewer than in 2001, and the birth rate
dropped to the lowest on record (13.9 live births per
1,000 total population). The December 17, 2003, report
by Martin, et al, "Births: Final Data for
2002," found that the birth rate for teens age
15-19 decreased 5 percent in 2002 to its lowest level
(43.0 births per 1,000), while births to unmarried
women 15-44 years old rose to more than 1.3 million,
an all-time high. "Timely initiation of prenatal
care" increased to nearly 84 percent and almost
all (99 percent) of births were delivered in
hospitals, with most (65 percent) of out-of-hospital
births in a residence, "a rate that has
fluctuated only moderately since 1989." To read
the report, go to: http://www.cdc.gov/nchs/data/nvsr/nvsr52/nvsr52_10.pdf
3.
News
12 ABANDONED INFANTS, NOT JUST 1,
REPORTED FOUND DEAD IN CALIFORNIA IN 2003
A columnist for the Sacramento Bee, Marjie Lundstrom,
reported that the number of illegally abandoned babies
found dead in California in 2003 was 12 - not one, as
she had originally reported. The January 17, 2004,
column, headlined "Surrender Law Hasn't Reduced
Number of Infant Deaths After All," was prompted
by research provided by Bastard Nation's Marley
Greiner and corrects the journalist's original
assertion that the number of such babies found dead
had decreased from 11 each in 2001 and 2002 to one in
2003. State officials say that 38 infants have been
relinquished under the "safe haven" law
since it went into effect in 2001. To read the
article, go to: http://www.sacbee.com/content/news/columns/lundstrom/story/8115887p-9048060c.html.
ADOPTION AGENCY OWNER AND
FACILITATOR CHARGED WITH FRAUD
The owner of Seattle International Adoptions and an
adoption facilitator in Cambodia have been charged
with federal fraud for falsifying documents to obtain
visas for Cambodian children placed with American
adoptive parents, according to "Indictment
Alleges Fraud in Adoptions," by Timothy Hurley.
The two women allegedly submitted false information to
U.S. immigration officials to portray the children as
orphans. The article in the January 6, 2004 edition of
the Honolulu Advertiser reports that a grand jury
indictment charges the women "with illegally
obtaining immigrant visas 'to expedite the adoption
process' and 'enhance their profits' between 1997 and
1999." To read the article, go to: http://the.honoluluadvertiser.com/article/2004/Jan/06/ln/ln13a.html
4.
Resources
FAMILIES BY LAW: AN ADOPTION
READER
Families by Law: An Adoption Reader, edited by Naomi
Cahn and Joan Heifetz Hollinger, is intended to
supplement law, social welfare, public policy,
psychology, and legal studies courses on families, as
well as for a general audience interested in the
social and legal history of adoption and contemporary
debates about issues such as openness. Families by
Law, published by NYU Press and available February 1,
2004, "brings together diverse perspectives on
contemporary aspects of adoption law and
practice."
IRS TAX INFORMATION FOR
ADOPTIVE PARENTS
IRS Publication 968: Tax Benefits for Adoption, is
available for tax year 2003. The maximum credit for
2003 is $10,160, as is the exclusion from income of
benefits under employer adoption assistance programs.
It is the first tax year for which maximum credits and
exclusions apply to adopting children with special
needs, regardless of qualifying expenses. To access
the publication, go to: http://www.irs.gov/publications/p968/index.html.
5. 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/newsletter/archive.html.
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OUR WORK
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