DOS Adoption Notice: Caution About Pursuing Adoption in Nepal

U.S. DEPARTMENT OF STATE
Bureau of Consular Affairs
Office of Children’s Issues

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Caution About Pursuing Adoption in Nepal

May 26, 2010

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.

http://adoption.state.gov/news/nepal.html

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

MWCSW -- List of Adopted Child (From 2009 to date)

MWCSW -- List of Adopted Child (From 2009 to date)


Ministry of Women, Children and Social Welfare

Notice

Date May 25, 2010

List of Adopted Child (From 2009 to date)

S.N	Country	No. of Child Adopted
1	Canada	2
2	France	9
3	Italy	25
4	Norway	1
5	Sweden	4
6	UK	1
7	USA	24
Total		66

http://www.mowcsw.gov.np/opensection.php?secid=484



~ What All Adoptions Deserve.
http://www.pear-now.org/

Draft Agenda for the Special Commission on the Hague includes a viewing of Paper Orphans

A provisional draft agenda has been released for the Special Commission on the practical operation of the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption. The agenda includes a screening of the Terre des Hommes/UNICEF Nepal documentary Paper Orphans.

The Special Commission will meet June 17 - 25, 2010. The screening of Paper Orphans will take place on the 17th during the afternoon session. A full copy of the agenda can be downloaded at:

http://www.hcch.net/upload/wop/adop2010agenda_e.pdf

NOTE: This agenda is a provisional draft agenda. It is being sent to participants so they may see the proposed outline for the meeting. The draft agenda could be considered as a work in progress and it may be modified before the meeting to adjust the time of some sessions and to add some discussion points. The draft agenda will be treated with some flexibility and may need to be modified in the light of continuing discussions in the Special Commission.

A review of Paper Orphans is offered below for educational purposes:

Paper Orphans on the screen (Voice of Children)

Voice of Children Monthly -- May 2010

Rajesh Sharma

Translated from Nepali

Badoma Sarki cannot stop tears trickling down her eyes by hearing that her son had been taken abroad for good. At the time when she had seen her son off, she had thought that he would someday return home being an educated man, but this never happened. Nowadays she has been consoling herself just by looking at a photo of her son. Now her eldest son, Kishan Sarki, born in Humla, cannot speak in Nepali. His gestures and accent clearly sounds that he is a Spanish guy. He is now very perfect with all the household works as well as with the computer works. He often gives hands to his Spanish mother in the household works. He often walks around with his Spanish mother along the beaches.

These are some of the scenes of a very heart touching documentary "Paper Orphans" shown at Patan Durbar Museum on 19th of March. This film has tried to show how the children from Nepal, specially the rural parts of the country, are sent abroad in the name of adoption. The film at first shows all the facilities and comforts of life in which Kishan is living and slowly takes the audiences to the poverty stricken rural village of Humla where Badoma Sarki is weeping in pain for her long separated son. She had entrusted her child to Mr. Nar Bahadur Rokaya, chairman of Red Cross Humla, almost a decade ago in the hope to educate her son in Kathmandu. But she never saw her son again thereafter. Now her heart is shattered to hear that her son is not only in a foreign country, but he also has a new mother.

The audience present in the show from the various child rights groups and organizations were discussing among themselves that it was getting late to find the solution of such a problem. The environment of the show had become quite serene when the musical band "Kutumba" gave some entertaining performances. Present in the show were the national and foreign representatives of the organizations working in the field of child rights. The film had taken the audience to Europe through Humla and Kathmandu.

Rosa, a Spanish lady, had waited for 3 years to adopt Kishan before getting permission. During this period she visited many children's homes. She adopted Kishan from Balmandir, Kathmandu and took him to Spain. But she was surprised later to know that Kishan had his parents in Humla. Though she had heard about the cases of adoption made with the fake documents, she had a firm belief that Kishan was a real orphan. But she couldn't believe at first when she heard that Kishan had his real parents. With full of tears in the eyes, she says - "We were told that Kishan didn't have parents. Had I known at that time that he had parents, I would not adopt him. But after so many years, Kishan has now become an inseparable part of my life." On the other hand, there is Badoma Sarki, in the rural Himalayan district of Humla regretting her decision to let her son go to Kathmandu for education. She weeps bitterly and says - "If my son was living with me now, I would not be living under this poverty; I had sent him to Kathmandu because life was very difficult here then." This film with such heart appealing scenes has also played a significant role in mission journalism. The film has become successful in casting real pictures of the condition of ever disputed Inter-country Adoption programs in Nepal. The film directed by Marie-Ange Sylvain was prepared in partnership of Terre des hommes (Tdh), a Swiss INGO working for children, and Unicef.

Joseph Aguettant, delegate to Nepal for Tdh, says that the central message of the film was to seek alternative ways instead of sending children abroad in the name of adoption by making fake documents. He admits - "We are not against the intercountry adoption, but we want this to be done in a legal way. It's our objective that the orphans be adopted domestically, and they can also be reintegrated with their family."

The documentary was filmed by Image Ark Pvt. Ltd all the way from Spain and Humla to the children's homes of Kathmandu. The executive director of CCWB, Mr Dharmaraj Shrestha, proudly admits in the film that children are taken to Europe because they can have better life there with all the facilities and comforts in comparison to Nepal. This film has not included the views of any person from Balmandir. Balmandir has been sending many children abroad, like Kishan, for last many years. This film could have been better if it had taken the views of Balmandir also. In the film, Joseph and his team are shown visiting the Helpless Children Home at Ranibari, Kathmandu to interrogate about a child whom the children's home had tried to send abroad. The owner of that children home, Mrs. Sabitri Basnet, is shown in the film showing door to Joseph's team saying that they couldn't interfere with her. Her children home was punished earlier by the government for trying to send a girl abroad by pretending she was an orphan and creating fake documents. The lady as seen in the film is defending her act and behaving with the film crew in a rough manner.

Statistics have shown that around 1500 children are lost from Humla. The local politicians have been found involved in bringing these children to Kathmandu. Numbers of such children have been sent abroad by adoption, and the remaining children are still lost. Local people of a remote village Thehe, which is at 6 hours of walking distance from Simikot, the district headquarters of Humla, say that they had given Rs 10,000 each to Mr Chakra Sahi, an MP of the region, to educate their children in the city. A young man admits before camera - "We now come to know that Balmandir is just a trade organization which selects the children in a similar way that is done in a goat market."

In an interview in the film, Joseph says - "The real cause of this problem is not the poverty. Parents want to send their children to cities to get better education. Lack of awareness in the people is the main cause, and we believe that this film can convey this message. Tdh will always be active in this direction."

The film is centrally focused over the complex issues of adoption in Nepal and has quite successfully presented the whole story. This film could have been more relevant if it had included the opinions and the fake documents prepared, then, by Balmandir to prove Kishan an orphan.

English translation by Purushottam Lamsal for Voice of Children.

(Voice of Children is a leading child rights magazine in Nepal.)

A previous review of Paper Orphans was reported in the Kantipur Daily and published on PEAR's Nepal blog in March 2010:

http://pearadoptinfo-nepal.blogspot.com/2010/03/paper-orphankishan-sharki-kantipur.html


Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

High Level Committee to submit Technical Report (MWCSW)

Ministry of Women, Children and Social Welfare

Notice

Date : May 24, 2010

NOTICE

Nepal has signed the Hague Convention on Protection of Children and Co-operation in respect of Inter Country Adoption on 28 April 2009. With an objective of ratifying the Hague Convention, Ministry of Women, Children and Social Welfare has formed a High Level Committee on 14 May, 2010 to submit a Technical Report to the Ministry.

1. Secretary, Ministry of Women, Children and Social Welfare

Coordinator

2. Joint Secretary, Ministry of Women, Children and Social Welfare

Member

3. Joint Secretary, Ministry of Home Affairs

Member

4. Joint Secretary, Ministry of Law and Justice

Member

5. Joint Secretary, Ministry of Finance

Member

6. Joint Secretary, Ministry of Foreign Affairs

Member

7. Joint Secretary, Office of the Prime Minister and Council of Ministers

Member

8. Executive Director, Central Child Welfare Board

Member

9. General Secretary, Nepal Child Organization, Central Office

Member

10. Representative, Save the Children Foundation

Member

11. Representative, UNICEF

Member

12. Chairman, Child NGO Federation - Nepal

Member

13. Chairman, Confederation of NGO’s for Child Integration–Nepal

Member

14. Chairman, CWIN Nepal

Member

15. Under Secretary , Ministry of Women, Children and Social Welfare

Member Secretary

The High Level Committee will submit a Technical Report within three months. Therefore, the Committee would like to request to the concerned stakeholders to provide suggestions to the Ministry.

http://www.mowcsw.gov.np/opensection.php?secid=484



Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

MEDIA: Cash crunch renders ministry toothless (Himalayan Times)

Cash crunch renders ministry toothless

2010-05-10

The Himalayan Times:

http://www.thehimalayantimes.com/fullNews.php?headline=Cash+crunch+renders+ministry+toothless&NewsID=243715

Himalayan News Service

KATHMANDU: Hard hit by finance crunch, the Ministry of Women, Children and Social Welfare (MoWCSW) has been unable to monitor cases of inter-country adoption for the last two years.

Sher Jung Karki, under-secretary at MoWCSW, said the ministry is in no position to monitor cases of inter-country adoption, though the ministry itself introduced the provision.

According to the provision on inter-country adoption 2008, the fee amount paid shall be deposited in the Government of Nepal's account. The Finance Ministry will then release a sum of money equal to the amount collected in one year to the MoWCSW account. This money will be spent on welfare and protection of orphaned children, monitoring of listed foreign organisations or agencies, child welfare home, orphanage or children's organisation and other work determined by the ministry.

He informed that the ministry was working with 80 foreign agencies and 44 domestic agencies. "We have prioritised monitoring of adoption and will resume it within two months," said the under-secretary adding that the ministry has also been receiving reports of abuse of adopted children in foreign countries. He said a list of countries to be monitored was being prepared.

"Inter-country adoption applications have come in for 534 children this year, but there are only 400 children available" said Karki informing that around 40 children had been handed over till date.




Ethics, Transparency, Support~ What All Adoptions Deserve.

http://www.pear-now.org/

US Embassy Reopens Today

The US Embassy in Kathmandu has reopened today, Monday May 10 after a week's closing due to nationwide strikes.

From the Embassy: If you were scheduled for an immigrant visa interview on Tuesday, May 4^th, please come for your immigrant visa interview on Friday, May 14 at 13:00. If you were scheduled to pick up your immigrant visa and travel packet on Thursday, May 6^th, please come to pick up your immigrant visa on Thursday, May 13^th at 14:00. For additional information regarding consular services, please carefully read the full announcement that is posted on the Embassy’s website at: http://nepal.usembassy.gov/pr-04-30-2010.html.

Please continue to monitor the Embassy website for updated information.


Ethics, Transparency, Support~
What All Adoptions Deserve.
http://www.pear-now.org/

State Department -- Caution About Pursuing Adoption in Nepal

Adoption Alert

U.S. DEPARTMENT OF STATE
Bureau of Consular Affairs
Office of Children’s Issues

---

Caution About Pursuing Adoption in Nepal

May 4, 2010

The U.S. Embassy in Kathmandu was closed on May 3 and will be closed on May 4 and 5 due to a nationwide strike. The closure may continue thereafter, depending on whether the strike continues and what the situation warrants. The Consular Section has scheduled back-up appointment dates as follows: If you are scheduled for an immigrant visa interview on Tuesday, May 4^th, please come for your immigrant visa interview on Friday, May 14 at 13:00. If you are scheduled to pick up your immigrant visa and travel packet on Thursday, May 6^th, and the Embassy is closed, please come to pick up your immigrant visa on Thursday, May 13^th at 14:00. For additional information regarding consular services, please carefully read the full announcement that is posted on the Embassy’s website at: http://nepal.usembassy.gov/pr-04-30-2010.html.

Please continue to monitor the Embassy website for updated information.

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 (MWCSW) 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.

Prospective adoptive parents who currently have active files at the Ministry of Women, Children and Social Welfare and who may already have an approved I-600 (Petition to Classify an Orphan as an Immediate Relative) from a USCIS Domestic Field Office may experience significant difficulties and delays. 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. Depending upon the circumstances of a case, this investigation may take up to several months to complete, even if the I-600 petition is already approved. 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 the Nepali adoption process is questionable, it can be very difficult to satisfy the requirements of the I-604 investigation. When we cannot do so, we must return the case to USCIS with a recommendation that the I-600 approval be revoked.

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 prospective adoptive parents have a signed Adoption Decree issued by the Government of Nepal, and the Government of Nepal will not issue an Adoption Decree until the prospective adoptive parents are in Nepal. Thus, prospective adoptive parents are currently faced with the need to either make two trips to Nepal or to spend an extended period in-country while awaiting the results of the I-604 investigation. DOS 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) http://nepal.usembassy.gov/pr-2-24-2010.html.

Adoptive parents may contact the Embassy at adoptionsnepal@state.gov if they have questions about the status of their case.

Please continue to monitor http://adoption.state.gov for updated information as it becomes available.

http://adoption.state.gov/news/nepal.html

Ethics, Transparency, Support~
What All Adoptions Deserve