U.S. Still Suspects Fraud In Nepalese Orphanages (NPR)

U.S. Still Suspects Fraud In Nepalese Orphanages

by Monica Brady-Myerov

May 10, 2011

Listen to the Story:

http://www.npr.org/2011/05/10/136179395/u-s-still-suspects-fraud-in-nepalese-orphanages

All Things Considered -- National Public Radio


Photo -- Prakash Mathema/AFP/Getty Images

The Helpless Children Protection Home is an orphanage in Katmandu. Last August, the U.S. government suspended adoptions from Nepal because it was concerned about fraud in Nepal's adoption system — and there's still concern.


May 10, 2011 from WBUR

Last August, the U.S. government suspended adoptions from Nepal because it was concerned about fraud in Nepal's adoption system. The suspension left dozens of American families in limbo.

After months of investigations almost all of those American families have been granted visas for their adopted Nepali children.

But there's still concern about whether many of Nepal's orphans really are orphans.

Children Sold By Traffickers

The desire to be a mother was so strong for 45-year-old Dee Dee Milton that she went halfway around the world from Boston to Nepal to try to achieve it.

"I tried to adopt through the American foster system here and was not matched with a child and was told they had no idea when I would be matched and if I would ever be matched," she says.

In July, Milton was matched with a 4-year-old Nepali girl. Just after Milton landed in Nepal and took custody of her daughter, Bina, the U.S. closed the program, saying too many children who were reported to be abandoned by their families may actually have been kidnapped or sold into the orphanage system.

Milton and 65 other American families were caught in the middle. Milton ended up living in Nepal and hiring lawyers and investigators to help prove Bina was legitimately abandoned. Milton had to take out a home equity line of credit to afford the delay.

"I was on an unpaid leave from my job, so I literally had no funds coming in the entire time I was gone and then came home to unemployment," she says.

"In the worst cases I've seen ...they are actually forging death certificates for families and putting these children up for international adoption."

- Conor Grennan, founder of Next Generation Nepal, an NGO that has reconnected 400 trafficked children with their families

Janice Jacobs, assistant secretary of state for consular affairs, says while she sympathizes with what Milton went through, Nepal's child adoption system isn't trustworthy.

"They estimate — the NGOs with a lot of on-the-ground experience — estimate that perhaps 10 percent of the children who turn up in orphanages are in fact abandoned," she says.

That means as many as 90 percent of children in Nepalese orphanages may have been sold by a child trafficker under false pretenses. UNICEF estimates there are 650,000 orphans in Nepal.

Conor Grennan says that happens all the time. He's the founder of Next Generation Nepal, an NGO that has reconnected 400 trafficked children with their families. He says some of the children have been kidnapped. Other children have been sold by their families to brokers, who claim they will educate and care for them.

"And in the worst cases I've seen ... they are actually forging death certificates for families and putting these children up for international adoption," Grennan says.

Grennan says the child trade continues because it's lucrative. Orphanages can make $5,000 per child from an international adoption — a lot of money in a country where more than half of the population lives on less than $1.25 a day, according to UNICEF.

Difficult To Prove Fraud

Five months after Milton went to Nepal, Bina got a U.S. visa once a government investigation found no fraud. Now Bina lives a typical life of an American little girl, attending preschool, visiting her nana and tormenting her cat.

Eventually, U.S. investigators determined there was no fraud in the cases of 65 of the 66 children waiting to be adopted by American families. Only one is still pending, which leads Milton to ask: Where is the fraud?

"I mean, the law of averages and the number of cases — [and] there was absolutely no fraud found?" Milton says.

But proving fraud is very hard, says Grennan. He says the only way is to travel to mountainous villages.

"There's no roads here," Grennan says. "You have to put on a backpack and you have to walk through the mountains and you have to get to the village and you have to say this is where the child is from, are the parents still alive or are they not? To me, that is the proof," he says.

The investigation of Bina Milton and the others was done by a government agency outside Nepal. Jacobs of the State Department says you can't draw conclusions about the adoption system in Nepal from those investigations. She says Nepal will have to make sweeping changes to its child welfare system if the U.S. is to reopen adoption.

"They have to work on a system that builds in better protections for these children and they also have to find ways to look for domestic solutions," she says.

http://www.npr.org/2011/05/10/136179395/u-s-still-suspects-fraud-in-nepalese-orphanages



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

Left in limbo: Nepalese adoptions halted (PBS)

Left in limbo: Nepalese adoptions halted (PBS)

On Mother’s Day weekend, adoptive parents on the verge of bringing home a child find themselves caught between two governments.

By Habiba Nosheen and Lisa Desai

May 6, 2011

The U.S. State Department has suspended adoption of abandoned Nepalese children, citing numerous examples of unreliable and possibly fraudulent documents.

For Dee Dee Milton and 70 other American families who were in the midst of finalizing adoptions from Nepal, the new U.S. policy left them in limbo. The onus was now on those families to prove that the child they wanted to adopt is a legitimate orphan.

Need to Know traveled to Nepal to meet American adoptive parents who are fighting to bring their adopted children home, as well as Nepalese biological parents whose children were put up for adoption without their consent.

http://www.pbs.org/wnet/need-to-know/video/video-left-in-limbo-nepalese-adoptions-halted/9158/


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

West not impressed by changes in adoption process (Republica)

West not impressed by changes in adoption process

Republica

KIRAN CHAPAGAIN

KATHMANDU, Feb 19: Recent government efforts aimed at reforming its widely questioned inter-country adoption practices have failed to impress the United States, one of the main Western countries to stop adoptions from Nepal on grounds of lack of integrity in the system.

The US said the amendment in the adoption process introduced last December is not sufficient to answer questions surrounding inter-country adoptions from Nepal.

Visiting US Assistant Secretary of State for Consular Affairs Janice Jacobs conveyed Washington´s stance on the reform initiatives during her meetings with officials from the Office of the Prime Minister and Council of Ministers, the Ministry of Foreign Affairs and the Ministry of Women, Children and Social Welfare (MWCSW) on Thursday.

“Assistant Secretary Jacobs noted that recent changes to the adoption process in Nepal are inadequate to address concerns about the origin of the children being matched for inter-country adoption,” said Heather Steil, spokesperson at the US embassy, when asked about the US stance on the recent reform measures.

Last December, the government, in the wake up of widespread questions over the adoption system, amended adoption-related provisions, making it mandatory for any children´s home, orphanage or children´s organization facilitating inter-country adoption to submit details about each orphan child to a Probe and Recommendation Committee (PRC) within seven days and to a Family Selection Committee (FSC) under MWCSW within 14 days after the concerned district administration office (DAO) verifies that the child in question is an ´orphan´ or a ´destitute´ seeking foster parents.

In addition, MWCSW has also made it necessary for the children´s home, orphanage or children´s organization to have been engaged for a minimum of six years in the field of child welfare to be eligible for facilitating inter-country adoptions.

The amendment has also provisioned to ´delist´ from its roaster of organizations eligible for inter-country adoption any children´s organization found involved in fraudulent practices. Once ´delisted´, such organizations will be barred from facilitating inter-country adoptions for the next five years.

Jacobs, who arrived here on Wednesday to discuss adoption issues, also conveyed the US government´s concern at lack of integrity and transparency in the adoption system.

Western countries have suspended adoptions from Nepal as investigations by The Hague Conference on Private International Law, an inter-governmental organization based in Holland, last February found the adoption system marred by widespread abuses.

Diplomatic sources told Republica that other countries are also not impressed by the recent steps taken by the government to improve the adoption system. A meeting of the adoption group - a loose alliance of Western countries whose citizens adopt Nepali children - held on January 13, had also concluded that the efforts were not sufficient. In addition, they were also against reopening adoption from Nepal. Besides the US, representatives from the embassies of Australia, Belgium, Denmark, France, Germany, the UK, Norway and Switzerland were present at the meeting called to discuss the reforms introduced in the adoption system in December.

“The U.S. suspension on new adoption cases involving abandoned children will remain in place until substantive progress is made on the issues raised by a February 2010 Hague Convention report,” the US embassy spokesperson further said in a statement to Republica.

The report had called on the government to overhaul the adoption system and even enact legislation so that children are better protected.

Jacobs, during her meeting with government officials here, encouraged the government to work with the international community, including The Hague Permanent Bureau, implement the Hague Convention and reform its adoption process to protect children and families.


Republica 2011-02-19

http://www.myrepublica.com/portal/index.php?action=news_details&news_id=28409

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

US bar on Nepali kids' adoption to stay (Kantipur)

US bar on Nepali kids' adoption to stay

Kantipur

BABURAM KHAREL

KATHMANDU, FEB 18 - Visiting US Assistant Secretary of State for Consular Affair Janice Jacob has said that the ban on inter-country adoption from Nepal would remain despite some changes to the adoption process in Nepal.

“The US suspension of inter-country adoption will remain in place until substantive progress is made on the issues raised by a February 2010 Hague Convention report,” said Heather Steil, Spokesperson for the American Embassy in Kathmandu. Assistant Secretary Jacob feels that recent changes to the adoption process in Nepal are "inadequate" to address concerns about the origin of the children being matched for inter-country adoption.

The US decision continues to affect over 80 prospective American parents who have already gone through meticulous paperwork for adoption of Nepali children. Though it is not clear how many American parents have adopted Nepali children so far, according to the Ministry of Women, Children and Social Welfare (MoWCSW), over 2400 children have been adopted since 2000 by parents in western countries.

The US government in August last year suspended the inter-country adoption involving abandoned children from Nepal questioning the authenticity of the system that has been marred by “fraud and irregularities.”

Jacob—who met officials in the Foreign Ministry, MoWCSW and Prime Minister's Office—encouraged the Nepali officials to work with the international community, including The Hague Permanent Bureau, to implement The Hague Convention and reform its adoption process to protect children and families.

The US government's decision to suspend adoption from Nepal follows a report last February by Hague Conference on Private International Law, an intergovernmental organisation. The report, based on investigation by a group of lawyers, had alleged systemic failure in Nepal's adoption system with widespread abuse and had called for suspension of adoption from Nepal until the system was reformed. Since then, ten other countries—Canada, Denmark, Germany, France, Norway, Sweden, Switzerland, Spain, Italy and Britain—have officially and unofficially suspended adoption from Nepal.

Last year as well, a team from the Department of State had visited Nepal to interact with government officials. The team investigated numerous abandonment cases, including field visits to orphanages and police departments. Its investigation found that documents presented to describe and "prove" abandonment of children in Nepal were unreliable. The US then said in a statement that civil documents such as children's birth certificates often included data that had been changed or fabricated.

Tilak Ram Sharma, acting Secretary of MoWCSW, met Jacob and said that addressing US concerns would take time. He said inter-country adoption was not a priority of the government. "Our primary focus will be to strengthen the domestic adoption in place of inter-country adoption," Sharma said.

http://www.ekantipur.com/2011/02/18/top-story/us-bar-on-nepali-kids-adoption-to-stay/329806.html

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

US Asst Secy Arrives Nepal To Discuss Inter-country Adoption (Republica)

US Asst Secy Arrives Nepal To Discuss Inter-country Adoption

KATHMANDU, Feb 16: United States Assistant Secretary of State for Consular Affairs Janice Jacobs arrived in Kathmandu on Wednesday for a two-day visit.

Jacob´s visit comes a day after the US Under Secretary of State for Democracy and Global Affairs Maria Otero, who arrived in Kathmandu on Sunday, wrapped her visit to Nepal.

According to a press statement issued by US Embassy in Kathmandu, the visit will primarily focus on the issue of inter-country adoption from Nepal.

Assistant Secretary Jacobs is scheduled to hold meetings with officials at the Ministry of Foreign Affairs (MoFA) and the Ministry for Women, Children and Social Welfare (MoWCSW) to discuss the US government´s concerns on the inter-country adoption process.

The visit of a senior US official to Kathmandu comes in the wake of concerns being raised by international community that inter-country adoption from Nepal is subject to widespread abuses.

In an apparent bid to address the concerns, the MoWCSW last month amended the conditions and procedures relating to inter-country adoption.


Republica:

http://www.myrepublica.com/portal/index.php?action=news_details&news_id=28319

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

USCIS: File I-600 in Kathmandu prior to travel/adoption

USCIS Announces Change to Filing Location for Nepali Adoption Petitions
Update

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) today announced that any U.S. citizen seeking to adopt a Nepali child, whose case is not affected by the suspension of processing of adoption cases involving Nepali children claimed to have been found abandoned, should file the Form I 600, Petition to Classify an Orphan as an Immediate Relative, with the U.S. Embassy in Kathmandu, Nepal.

This change in the filing location for the Form I-600 petitions applies to two groups of prospective adoptive parents who are not affected by the suspension.
* The first group is those who received a referral letter from the Government of Nepal’s Ministry of Women, Children and Social Welfare before Aug. 6, 2010, informing them of a proposed match of an abandoned child.
* The second group is those who seek to adopt Nepali children who were relinquished by known parent(s) and whose identity and relationship can be confirmed.

USCIS strongly encourages prospective adoptive parents to follow this procedure for their own benefit, based on growing concerns about unreliable documents, irregularities in the methods used to identify children for adoption in Nepal, and the resulting difficulties in classifying those children as orphans under U.S. immigration law. Please see the Aug. 6, 2010 announcement online regarding the suspension.

To file the Form I-600 petition with the U.S. Embassy in Kathmandu, prospective adoptive parents should complete and sign the Form I-600 and send the Form I-600 with all required supporting documents and evidence, other than the adoption or custody decree, to their respective local agency representatives in Nepal. The local agency representatives may then deliver the documents directly to the American Citizen Services Section of the U.S. Embassy in Kathmandu. Based on this filing, the U.S. Embassy in Kathmandu will then complete the required orphan determination before prospective adoptive parents travel to, or adopt a child in, Nepal.

Following this procedure will protect the interests of the prospective adoptive parents and the children by ensuring that the adoptive children will be eligible to immigrate to the United States before the prospective adoptive parents travel to Nepal and complete the Nepali adoption process. It is anticipated that most determinations will be completed within 90 days of receipt of the case by the U.S. Embassy in Kathmandu.

If, after completing its investigation of the case, the Embassy finds that the child qualifies as an orphan under U.S. immigration law, the prospective adoptive parents will be notified in writing that they may travel to Nepal to complete the adoption process.

For addition information about filing a Form I-600 petition at the U.S. Embassy in Kathmandu, please visit www.adoption.state.gov. Guidance for prospective adoptive parents of Nepali children is available online at http://www.uscis.gov/ .

For more information on USCIS and its adoption programs, visit http://www.uscis.gov/adoption .

From USCIS

Last updated:08/27/2010
Ethics, Transparency, Support
~ What All Adoptions Deserve.
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PEAR Response to Suspension of Adoptions in Nepal

PEAR Response to the August 6, 2010 Suspension of Adoptions from Nepal to the US

On August 6th, PEAR participated in the conference call held by the USDOS and USCIS in which they jointly announced their decision to suspend processing cases of anonymously abandoned children in Nepal. PEAR is saddened by the necessity of a suspension in Nepal. We believe that the best place for a child to grow is in a loving home. For the legitimately abandoned orphans in Nepal, a suspension will mean the delay or a loss of a permanent home for these children.

Because it is so important for children who need homes to find homes, we believe that inter-country adoption can have a place in a country’s child welfare plans. However, we strongly believe that adoption needs to be in the best interests of the child – and therefore all steps must be taken to ensure that all children placed are truly in need of homes.

Unfortunately, Nepal has a long history of corruption in its inter-country adoption program. There are many documented cases of children placed in orphanages for temporary care being adopted internationally without their parent’s consent. In countries with limited social welfare systems, like Nepal, a temporary orphanage placement is often the only option available to a parent during a crisis. It should not, however, lead to the child being placed for adoption without the parent’s consent.

PEAR hoped when the new program opened in 2009 that would mean a fresh start for the Nepal inter-country adoption program and a reduction in the kind of corruption and ethical violations that had previously plagued many adoptions from Nepal and resulted in the May 2007 closure. Our hopes seem to have been misplaced.

The Reasons

According to the USDOS¹ and news reports², one of the children referred to the first three US families traveling to Nepal was a child whose parents were searching for her. This little girl, Karuna, was placed in the orphanage by her parents for temporary care. Her identity was changed; she was declared to be an abandoned child; a false police report was created; and she was referred for adoption to a US family. Meanwhile, the parent’s requests for her return were refused by the orphanage several times. The prospective adoptive family was in Nepal when Karuna was finally returned to her parents.

On June 22, 2010, eKantipur.com published an article about Smriti³, a girl whose mother placed her in an orphanage for temporary care. During a regular visit to the orphanage to see her daughter, the mother learned Smriti had been adopted by a family in Italy. Her abandonment documentation is alleged to have been falsified. On June 25, 2010, Italy suspended adoptions from Nepal⁴.

The USDOS reports that, in recent months, there have been more cases of allegedly “abandoned” children – whose families were actively searching for them – being referred for adoption with falsified abandonment documentation. Given the small number of adoptions cases reviewed, this is a shockingly high percentage.

When a child is truly abandoned and turned over to an orphanage as an unknown child, documents are generated. There will be reports of whoever found the child and where the child was found. There will be a police report of the finding and a newspaper report alerting the community of the lost child. Eventually, if the parents cannot be found, new identity documents will be created. The USCIS (and the prospective adoptive parents) need to be able to rely on the authenticity of these documents. These documents need to reflect the real situation of each legitimately abandoned child.

Due to the falsifications in some paperwork, the USCIS conducted field reports to investigate the documents submitted for abandoned children. Either they were unable to confirm how and where the child was found and/or they were prevented from speaking with Nepali officials named in the documentation. The documents submitted could not be relied upon to reflect the child’s true situation, and therefore the child could not meet the legal criteria for an orphan visa.

In other words, USDOS has reason to believe that the entire chain of paperwork for some alleged orphans in Nepal is fraudulent. Compounding the allegedly fraudulent documents is the refusal by Nepali officials to reasonably investigate claims concerning the legitimacy of documents or to cooperate with USDOS.

The Warning Signs

The USDOS has issued at least 7 Notices and Alerts about adoption in Nepal since June 2009. These increased in severity: from concern about the safeguards in the new adoption procedures; to warning Adoption Service Providers (ASPs) not to accept new clients; to advising prospective adoptive parents (PAPs) to change to a different country; and finally to the suspension. In the Appendix, PEAR has excerpted important text from these Notices and Alerts.

PEAR believes that whenever the USDOS issues a warning about adoption issues in a sending country, it should be read with the utmost scrutiny by PAPs, as these warnings are not issued unless there is a specific cause for concern. As USDOS does not usually archive its warnings, it may be difficult for PAPs to notice that the warnings have been changed or updated.

PAPs should also be aware that it is highly unusual for USDOS to issue so many warnings about one country's program within such a short period of time. For example, of 67 USDOS Notices and Alerts that PEAR has posted from 2008 to 2010, at least 7 have been for Nepal. It is very significant that over 10 percent of the USDOS alerts/notices have pertained to one newly opened program.

The Nepal Program 2009-2010 and Available Children

When the Nepal program reopened in 2009, there was a huge rush of ASPs to open programs there, as well as a rush of PAPs to submit dossiers in Nepal. Nepal licensed 63 ASPs in 2009, and an additional 19 in 2010. In an April 12th eKantipur article⁵, MoWCSW officials reported that there were 534 registered adoption applications, and only 520 children available for adoption. In addition, while 90 percent of the US applications requested a child under 18 months, most of the registered children were 3 years or older.

Similarly, a 2005 study⁶ on children’s homes in Nepal surveyed 335 children’s homes with 8,821 children under age 18. The author estimated 80% of all the children’s homes in Nepal were surveyed and that the data would be representative of the unsurveyed homes⁷. Seventy percent of the children were in regular contact with their families⁸. Only 1 percent of the children had no information about the parents⁹. Fifty-nine percent were 10 years or older and only 7 percent were under age 5¹⁰. Twenty percent of the 8,821 children were double orphans¹¹ who might qualify for adoption under Nepal’s laws, but presumably, the majority of these children were over age 10.

Clearly, there was a mismatch in the information provided to PAPs about the number and ages of children in Nepal available for adoption.

We believe that Nepal should not have licensed additional ASPs in 2010, given the lack of legally available children and completed adoptions for already licensed ASPs.

We also believe that responsible ASPs should not have promoted Nepal as a viable alternative for most families considering inter-country adoption once the current problems were officially brought to light in September 2009.

Unethical Adoptions and Wrongful Referrals, Past and Present

We encourage you to read the recent articles about Karuna’s reunion with her family, Smriti’s adoption, and the historical articles about Nirmala Thapa’s three children¹², Sunita Bhattarai’s son¹³, Mitra Bahadur Thapa and Rama Karki’s son¹⁴, and Padam Bahadur Shahi’s son¹⁵. These children and their parents were permanently separated by an unethical child placement system.

The Nepali closure in 2007 was brought about by the numerous reports of children adopted illegally, including the situations referenced above and of an allegedly abandoned 6-year-old girl who told embassy personnel that she was 8, had a family, and did not wish to be adopted¹⁶.

Children reported to be “abandoned” plunged after the May 2007 closure, as documented by both Nepali police Women and Children Service Centre (WCSC) data¹⁷ and Gorkhapatra newspaper publications¹⁸ of abandonments. This data supports the evidence that abandonments were falsified specifically to place children for inter-country adoption.

The ASPs and Their Member Organizations

We believe that ASPs and their member organizations played a role in creating the situation in Nepal by failing to properly present the Nepal adoption program to their clients, including the lack of children available in the age range most requested, the warnings issued by DOS, the limitations and known fraudulent paperwork of the Nepali system, and its history of corrupt practices. ASPs who continued to promote and recruit prospective adoptive parents for Nepal after the DOS issued warnings opposing this should be held accountable for the pain and financial loss these families are suffering.

• We encourage ASPs to take responsibility for their role in this situation by allowing PAPs to transfer to another program or offering full refunds.
  
• We encourage ASP member organizations to hold their members to higher ethical standards and to actively promote ethical adoptions.

We understand that the JCICS, an ASP member organization, is requesting full contact and personal information from affected PAPs and asking them to allow JCICS to advocate for them. While we fully support every PAP’s right to seek assistance, we question the role of the JCICS in attempting to clean up a problem that was encouraged by its member organizations. What did the JCICS do to encourage ethical behavior by ASPs and the Nepali officials in order to prevent the suspension, particularly in light of the repeated and increasingly severe warnings by USDOS beginning in June 2009?

Our Suggestions

• PEAR encourages PAPs who had hoped to adopt from Nepal to join together with other PAPs and explore avenues for promoting the reopening of Nepal under an ethical and transparent process that supports and respects the entire triad, not just the ASPs and their in-country facilitators, orphanages, and Nepali officials. We are willing to speak with any and all families and to assist them in exploring ethical avenues for assistance.
  
• We hope Nepali officials will cooperate with USCIS investigators, especially in the cases of children referred prior to the deadline.

• We advise families that while there is no suspension for legally relinquished children, this process is very difficult in Nepal and rarely happens. The USDOS reports that there have been no relinquished children submitted for adoption by US parents since the program re-opened in 2009¹⁹.

• We advise families who are officially matched with children, and who also choose to proceed with the adoption, to be patient and expect long delays while in Nepal and understand they may not be successful if they proceed.

We are certain that PAPs want to provide a home for a child who needs a one, and not for a child stolen, tricked, or coerced from another family.

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¹ USDOS, Nepal Adoption Notice, (Feb 17, 2010)

² Claire Cozens, Nepal's stolen children point to flawed system, (Agence France-Presse, Mar 1, 2010)

Om Astha Rai, Dalit couple foils adoption of offspring, (Republica, Feb 24, 2010)

Gopal Sharma, International adoption resumes for Nepalese children, (Reuters, Sep 10, 2009)

³ Pratima Baskota, Fake police document to adopt a girl, (eKantipur.com, Jun 22. 2010), English translation

⁴ Commission for International Adoptions, (Italy, Jun 25, 2010)

⁵ Baby dearth snags adoption, (eKantipur.com, Apr 12, 2010)

⁶ Rudramati Marg, Study of Children in Children's Homes in Nepal, (June 2005)

⁷ Ibid. page 41

⁸ Ibid. page 39

⁹ Ibid. page 50

¹⁰ Ibid. page 26

¹¹ Ibid. page 27

¹² IRIN, NEPAL: Concern rising over illegal adoptions, (Sep 2, 2008)

Lucia Mari Bueno, Un drama lejano: los niños vendidos de Nepal, (El Pais, Sep 17, 2004)

¹³ Alessandro Gilioli, Premiata Macelleria delle Indie, Chapter 24: Mercanti di Bambini, (Rizzoli, 2007)

Joseph Aguettant, Andrea Koller, Anand Tamang, Moni Shrestha, and Marlene Hofstetter, Adopting: the rights of the child, A study on intercountry adoption and its influence on child protection in Nepal, (UNICEF and Terre des homes Foundation, Aug 2008), Page 40

¹⁴ Bueno, Un drama lejano: los niños vendidos de Nepal, op. cit.

Razen Manandhar, Duped whammy: Torture Follows trickery, (The Himalaya Times, Sep 25, 2004), Also here page 6

¹⁵ Thomas Bell, On Sale, (Nepali Times, Issue 339, March 9, 2007)

Lekhnath Pant, Irregularities rife in adoptions, (Kathmandu Post, Mar 8, 2007)

¹⁶ Aguettant et al., Adopting: the rights of the child, op. cit., page 8

¹⁷ Ibid., page 20

¹⁸ Ibid.

¹⁹ USDOS, Nepal Adoption Suspension: Frequently Asked Questions, (Aug 6, 2010)

Appendix of USDOS Notices and Alerts

PEAR Response to the August 6, 2010 Suspension of Adoptions from Nepal to the US Full Statement in PDF format


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

USDOS Adoption Alert: Nepal and Pipeline Cases

August 13, 2010
Important Information Regarding Adoptions From Nepal

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

•Information for Nepal adoption pipeline cases - 8/13/10

•Joint Statement on Suspension of Processing for New Adoption Cases Based on Abandonment in Nepal - 8/6/10

•Frequently Asked Questions: Suspension of Adoptions of Abandoned Children in Nepal - 8/6/10

•Notice: Caution About Pursuing Adoption in Nepal - 5/26/10

---

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

Information for Pipeline Cases

August 13, 2010

We are sending this message to answer your questions about the status of the program that the United States Citizenship and Immigration Services (USCIS) and the Department of State are currently setting up that will enable the U.S. Embassy in Kathmandu to complete the required I-604 Determination of Child for Adoption (sometimes referred to as the “orphan investigation”) in your case before you travel to Nepal to finalize your adoption.

As of this date, the program is not yet finalized. Every effort is being made to finalize and implement the program in the immediate future. The Office of Children’s Issues will inform you when the program is implemented and will post a notice on adoption.state.gov with information and instructions. Please continue to monitor http://www.adoption.state.gov for updated information.

At this time we do not recommend that prospective adoptive parents travel to Nepal to finalize their adoptions. We are concerned that problems identified in our public announcement will affect the processing of all adoption cases in Nepal. Prospective adoptive parents who do elect to travel to Nepal to finalize their adoptions should be prepared for an extended stay. If the I-600 petition is determined to be not clearly approvable, it will be forwarded to USCIS/New Delhi for further processing, per standard procedure.

We wish to caution prospective adoptive parents that even with a pre-approval program in place, it may take the U.S. government several months to process adoption cases to completion. Questions concerning adoptions in Nepal may be sent to either AskCI@state.gov or AdoptionsNepal@state.gov .

The Embassy is working with the Government of Nepal to see if the 60 day period in which prospective adoptive parents are required to travel to Nepal to finalize their adoption can be extended. We will provide more information as soon as it is available.

The best way to contact the Embassy is by email at AdoptionsNepal@state.gov . Please include your name, your child’s name, your adoption agency, and, if possible, the immigrant visa case number for your child’s case (this number begins with a year, followed by the letters KDU, followed by several more numbers) and can be found on any document sent to you by the National Visa Center).

Please continue to monitor adoption.state.gov for updated information on adoptions in Nepal.

Ethics, Transparency, Support
~ What All Adoptions Deserve.
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USCIS -- Questions & Answers: U.S. Suspension

Questions & Answers: U.S. Suspends Processing New Nepal Adoption Cases Based on Abandonment 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 obstacles 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 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. Last updated:08/06/2010

http://tinyurl.com/USCISNepalNotice

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~ What All Adoptions Deserve.
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MEDIA: US suspends adoption from Nepal (Republica)

US suspends adoption from Nepal

Republica

Kiran Chapagain

KATHMANDU, Aug 6: The US has suspended inter-country adoption from Nepal from Friday, questioning the authenticity of the system that has been marred by fraudulence and irregularities.

"In order to protect the rights and interests of certain Nepali children and their families, and of US prospective adoptive parents, the Department of State and US Citizenship and Immigration Services (USCIS) have jointly decided to suspend adjudication of new adoption petitions and related visa issuance for children who are described as having been abandoned in Nepal," the Department of State said in a statement on Friday.

Nepal´s adoption system has been questioned by the Western countries following publication of a report by The Hague Conference on Private International Law, an intergovernmental organization, in February this year.

The report based on an investigation by a group of lawyers had accused Nepal´s adoption system of widespread abuse. It had also called for suspension of adoption from Nepal until the system is reformed.

Following the publication of the Hague report, eleven Western countries including the US, have suspended adoption officially and unofficially from Nepal. Earlier Canada, Denmark, Germany, France, Norway, Sweden, Switzerland, Spain, Italy and the United Kingdom had suspended adoptions from Nepal.

The US decision is likely to force the Ministry of Women Children and Social Welfare to suspend inter-country adoption altogether.

No official from the ministry was available to comment on the US decision. But Secretary at the Ministry Mahendra Shrestha had told myrepublica.com in July that the government would suspend adoption from Nepal if the US also halted adoption.

A team from the Department of State had recently visited Nepal to interact with government officials.

The team had investigated numerous abandonment cases, including field visits to orphanages and police departments. Its investigation found that documents present to describe and "prove" abandonment of children in Nepal were unreliable, according the statement.

"Civil documents, such as the children´s birth certificates often include data that has been changed or fabricated. Investigations of children reported to be found abandoned are routinely hindered by the unavailability of officials named in reports of abandonment," the US said in the statement.

In March, the US had issued an alert notice to prospective adoptive US parents, expressing concern over Nepal´s adoption system and the accuracy of the information in children´s official files.

kiran@myrepublica.com

Published on 2010-08-06

http://www.myrepublica.com/portal/index.php?action=news_details&news_id=21944

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

MEDIA: US halts adoption of abandoned children in Nepal (The Washington Post)

US halts adoption of abandoned children in Nepal

By DAVID CRARY

The Associated Press

Friday, August 6, 2010

NEW YORK -- The U.S. government on Friday suspended the adoption of abandoned children from Nepal because of concerns about unreliable and fabricated documents.

The State Department said the suspension would take effect immediately, although it will continue to consider adoption applications already in the pipeline on a case-by-case basis. About 80 such cases are pending.

More than 60 Nepalese children were adopted by Americans in 2006. The number dropped to six last year as U.S. officials intensified warnings about possible problems.

The State Department acted after finding numerous cases where Nepalese children's birth certificates were falsified and orphanage officials refused to assist efforts to confirm information.

Because of the unreliable documents and "the general situation of noncooperation with and even active hindrance of investigations," U.S. authorities can no longer accurately determine whether a child qualifies as an orphan, the State Department said.

It cited one case where the birth parents were actively searching for a child who had been matched with an American family for adoption.

Regarding the pending cases, the State Department said they would be approved only if supported by reliable evidence.

"Every effort will be made to process their cases as expeditiously as possible with the best interests of children in mind," it said.

U.S. officials said the duration of the suspension would depend on the pace with which Nepal's government implements more rigorous oversight of adoptions. One step in this direction would be to ratify the Hague Convention, with sets standards for international adoptions.

According to the State Department, numerous other countries - including Canada, France, Germany, Israel, Italy and Britain - have recently suspended adoptions from Nepal based on similar concerns.

Chuck Johnson, head of the private National Council for Adoption, expressed dismay at the suspension, saying it would consign many Nepalese orphans to longer stays in institutions.

"It's a sad day for us children's advocates," he said. "When you suspend adoptions due to concerns of abuse, you're also preventing the adoption of legal and legitimate orphans. ... There will be suffering, profound psychological and physical effects."

The Washington Post:

http://www.washingtonpost.com/wp-dyn/content/article/2010/08/06/AR2010080603380.html?

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

USCIS/DOS Joint Statement: U.S. Suspends Processing New Nepal Adoption Cases Based on Abandonment

U.S. Suspends Processing New Nepal Adoption Cases Based on Abandonment

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) and the Department of State today issued a joint statement on the decision to suspend processing for new adoption cases based on abandonment in Nepal.

Joint Statement

In order to protect the rights and interests of certain Nepali children and their families, and of U.S. prospective adoptive parents, the Department of State and U.S. Citizenship and Immigration Services (USCIS) have jointly decided to suspend adjudication of new adoption petitions and related visa issuance for children who are described as having been abandoned in Nepal.

The Department of State’s recent interactions with the Government of Nepal and its efforts to review and investigate numerous abandonment cases, including field visits to orphanages and police departments, have demonstrated that documents presented to describe and “prove” the abandonment of children in Nepal are unreliable. Civil documents, such as the children’s birth certificates often include data that has been changed or fabricated. Investigations of children reported to be found abandoned are routinely hindered by the unavailability of officials named in reports of abandonment. Police and orphanage officials often refuse to cooperate with consular officers’ efforts to confirm information by comparing it with official police and orphanage records. In one case, the birth parents were actively searching for a child who had been matched with an American family for adoption. Because the Department of State has concluded that the documentation presented for children reported abandoned in Nepal is unreliable and the general situation of non-cooperation with and even active hindrance of investigations, the U.S. Government can no longer reasonably determine whether a child documented as abandoned qualifies as an orphan. Without reliable documentation, it is not possible for the United States Government to process an orphan petition to completion.

To the best of our knowledge, all other countries that had been processing adoption cases from Nepal have stopped accepting new cases due to a lack of confidence that children presented as orphans are actually eligible for intercountry adoption.

The suspension of adjudication of new adoption petitions on behalf of Nepali children reported as found abandoned is effective as of the date of this statement. Any petition filed for a child who has been presented as found abandoned and who was matched with a prospective adoptive parent prior to the date of this announcement, as evidenced by an official referral letter from the Government of Nepal, will continue to be adjudicated on a case-by-case basis and in light of the totality of the evidence available. The Department of State will reach out to prospective adoptive parents who meet this criteria. Petitions that continue to be adjudicated will only be approved if they are supported by reliable evidence. Every effort will be made to process their cases as expeditiously as possible with the best interests of children in mind.

Last updated:08/06/2010

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c720992b8144a210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Or Tiny url: http://tinyurl.com/USCISNepalNotice

FAQs can be found here:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b170992b8144a210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

OR Tiny URL: http://tinyurl.com/USCISNepal-FAQs

PEAR will issue a statement discussing the suspension shortly.

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