| UNICEF has been waging war against international | | | | middlemen who were supposedly forcing these |
| adoption for many years contrary to popular | | | | women to give up their children, paying the women |
| understanding. It's a war with results that fall far | | | | as an inducement, or even, as many reports claimed, |
| short of real time solutions to the spoils of its | | | | kidnapping these children for adoption. Many of these |
| victories. UNICEF's premise that parents in | | | | reports glossed over the fact that birth mothers had |
| underdeveloped countries should be provided the | | | | to relinquish their child to an attorney advising her of |
| means to keep their children is not arguable. Neither is | | | | her rights, undergo an interview with the Family |
| UNICEF's stance that international adoption should | | | | Court, DNA testing of the birth mother and child, |
| only be a last resort. | | | | review by the Guatemalan Solicitor General's office, |
| However, UNICEF's tough and effective pressure | | | | and once again, the birth mother's consent to the |
| tactics and lobbying efforts towards developing | | | | adoption after the Solicitor General's approval. The |
| nations calling for ratification of the Hague Treaty for | | | | Embassies regularly interviewed birth mothers and |
| the Protection of Children and implementation of | | | | conducted investigations at random or of cases that |
| adoption law and policy models which effectively | | | | appeared questionable. During the last year of |
| serve to close programs completely or almost | | | | adoptions in Guatemala, a 2nd DNA test was required |
| completely to foreign adopters belies a misguided, | | | | at the end of the process based on accusations of |
| unrealistic and out of touch policy contrary to the | | | | child switching with unimpressive findings to back up |
| best interests of hundreds of thousands of | | | | these wanton allegations. |
| legitimately orphaned and abandoned children around | | | | Avila's report indicates that the Guatemalan |
| the world. These efforts have resulted in the semi or | | | | Department of Social Welfare has now created |
| complete closure of adoptions around the world in | | | | satellite offices all over the country in an attempt to |
| such countries as Guatemala, Bulgaria, Paraguay, and | | | | increase its pool of families interested in fostering or |
| Romania to mention just a few examples. | | | | adopting these children. Unfortunately, this is exactly |
| Let's take the example of Guatemala. After intense | | | | the kind of reform that many adoption attorneys |
| pressure from UNICEF, Guatemala finally closed its | | | | called for which would remove involvement by |
| doors to international adoption on December 31, | | | | middlemen but allow attorneys to work with the |
| 2008. Prior to that time, foreign nationals adopted | | | | Department of Social Welfare in concert with its |
| approximately 5,000 Guatemalan children per year. | | | | ongoing program to promote foster care and |
| Oscar Avila, "Guatemala Seeks Domestic Fix to | | | | adoption domestically. UNICEF would not come to the |
| Troubled Overseas Adoptions," Chicago Tribune, | | | | table nor would the Guatemalan government which |
| October 26, 2008 indicated that "Guatemala has | | | | was eager to completely shut the door on |
| launched an ambitious campaign to recruit foster | | | | international adoption in response to UNICEF's strong |
| parents and even adoptive parents at home." So far, | | | | and effective lobbying efforts. |
| the program is failing miserably. Avila reports, "Only | | | | Another example of misguided criticism regarding |
| about 45 families in a nation of 13 million currently | | | | international adoption is in Malawi, where the infamous |
| have taken in foster children since the program | | | | Madonna adoption took place. Malawi is a country of |
| began this year." | | | | 13 million and approximately 1 million are orphans half |
| The approach that Guatemala is taking by attempting | | | | of which are "AIDS orphans". Solutions are slow in |
| to gain domestic attention to the problem is certainly | | | | coming in a nation beset by an AIDS epidemic |
| meritorius; however, this approach could and should | | | | infecting almost one fourth of its population. These |
| have been implemented concomitant with an | | | | orphaned children deserve a chance at having |
| international program which would ensure that | | | | permanent homes and families. International adoption |
| thousands of children will find homes rather than | | | | is not a perfect solution to the problem in Malawi and |
| waste away in institutions that are often | | | | so many other nations of Africa but it saves lives, |
| underfunded, understaffed and unable to provide for | | | | gives children a chance, one adoption at a time. |
| the needs of these children. | | | | Of course, most would agree that international |
| One of the main criticisms of the Guatemalan | | | | adoption should not be the sole answer to poverty |
| adoption program prior to its closure was that it was | | | | faced by nations around the world. No rational person |
| in the hands of private attorneys who depended on | | | | would think so. International adoption should be seen |
| sometimes unscrupulous middlemen to procure | | | | as a stopgap emergency measure taken while the |
| birthmothers wanting to give up their children and | | | | United Nations, human rights groups, humanitarian |
| perhaps those not wanting to give up their children. | | | | organizations and the governments of these |
| Of course this depiction glosses over the nature of | | | | underdeveloped countries seek answers to the |
| how this practice developed in remote villages in | | | | abject poverty, high birth rates, AIDS epidemic, |
| Guatemala, far from the lawyers in Guatemala City | | | | malnutrition, lack of education, lack of women's rights, |
| who could arrange adoptions by foreign nationals. It | | | | and massive unemployment which lead to parents |
| was a practical way to connect birthmothers, who | | | | making these hard decisions about the future of their |
| were seeking adoption as an option to their usually | | | | offspring. International adoption is one temporary cog |
| dire circumstances, to attorneys who could then take | | | | in the wheel. UNICEF and other detractors and critics |
| the children into custody through the use of foster | | | | of international adoption have continually failed to |
| homes and then place the children with families | | | | recognize the vital emergency role of international |
| abroad through adoption proceedings. It is interesting | | | | adoption and how compromise and middle ground |
| to note that neither UNICEF nor the Guatemalan | | | | solutions could serve the orphaned and abandoned |
| government could see that there could be a middle | | | | children. |
| ground to solving the problem of unscrupulous | | | | |