Potential upcoming changes on the US side

One big occurrence which I haven’t written much about yet is that the US entity overseeing intercountry adoption is changing from the Council on Accreditation to a newly formed organization called Intercountry Adoption Accreditation and Maintenance Entity (IAAME). The US State Department has posted FAQs about this change on their website. Until now, adoptive parents and adoption advocacy groups have focused on the new fee structure. The Save Adoptions group is warning that new fees will shut down intercountry adoption altogether while adoption ethics advocates sensibly point out that having a paid team of employees who travel to sending countries to inspect agency offices is going to cost more than four volunteers who who monitor from stateside.

Earlier this week, new controversy broke out when an agency representative announced that IAAME will begin requiring all families to be home study approved before they are allowed to view files or be matched with children. We’ve all been trying to backtrack to figure out where this came from since other agencies said it was news to them. Apparently, it began with this footnote on the IAAME FAQ posted on the State Dept website:

An ASP is “adoption service provider.” Adverse action means any adoption agency who does this could lose their accreditation. This was the clarification given:

While the law referenced hasn’t changed, IAAME is apparently interpreting it differently than was the previous practice. This will have a significant impact on the China program, because China allows children with special focus designated files to be matched with families who have not even begun the home study process. This was allowed previously because there was technically no referral given until the LOA/LSC. The Letter Seeking Confirmation says, in effect, this is the child we have matched you with. Do you accept the referral?” All of the “matching” prior to that was more like “We have a family that is interested in this child. Could you hold the file and IF the family is qualified and IF you think they’d be a good match, THEN you could officially refer that specific child to this specific family?” Adoption agencies, China, and the potential family knew that it was a matter of being able to jump through hoops, but it wasn’t an official referral.

A significant amount of families choose the China program because they can choose a child first. It is no exaggeration to say that hundreds of families had no thought at all of adopting until they saw their child’s face. The concern of agencies and adoption advocates is that many people will simply decide not to adopt at all if they don’t have the motivation of a specific child’s face. The Save Adoptions perspective is that anything which puts up a barrier to children being adopted is bad. The top priority is to get these kids home to families, which a laudable goal.

However, the point of the Hague treaty and changes in regulations is to make sure adoptions are handled in an ethical manner. Lots of babies came home to families in the 80’s and 90’s that turned out to be children which were bought or stolen. We want to make sure that doesn’t happen again. We also need to preserve the rights of the children. One of those rights is the right to privacy. Many countries prohibit photolistings altogether. Here in the US, you will only find children whose parental rights have been terminated on photolistings, not children in foster care who are not yet available for adoption. One of the concerns about the partnership system in China is that agencies could pressure orphanage officials to prepare files for children who might be able to be placed domestically, or even to unethically obtain young children with minor needs to fulfill a quota.

What we are talking about is a requirement that agencies make sure potential families are actually qualified to adopt before they start matching them with children. Is that really an extreme requirement to have? Before now most of the requirements have focused on the sending country side. However, the US has always been outside the norm in the way we do things. Other countries require families be approved to adopt and have a dossier sent before they are matched with a child. Of course, other countries also adopt only a handful of children a year compared to the US.

There are some valid concerns when you “soft match” a child with a family who has not been home study approved. One of them is that you tie of the child from consideration of other families. Children have been soft matched to a family for months, sometimes close to two years in a few cases, only to have the family not complete the process in the end. Having a home study already completed shows a level of commitment.

Another serious concern is that if a family is already soft matched to a child, the social worker is going to be under pressure to approve the family. Yes, most families will pass a home study. However, would the social worker have normally approved them for an older child or a child with serious medical needs if they hadn’t already been matched? It is not unusual for people to be motivated to adopt an aging out child when they had previously never considered adopting an older child. If a family is already matched, will they give real consideration to the challenges that adopting an older child will bring? Older children are at high risk of disruption or dissolution for this reason. When I pointed this out in an online discussion, someone said essentially that if we ruled out the people who decided to adopt an older child on the spur of the moment because of an advocacy post, no older child would be adopted. How many people start out by saying “I’d like to adopt a teenager”? Very few. And very few set out to adopt children with major medical needs.

While no one is sure at this time how this will play out, I hope that we will all remember that both sides want vulnerable children to find families. We all want to make sure that the adoptions which take place are ethical adoptions leading to a secure family bond rather than disruption or dissolution. It is very difficult to balance setting regulations to ensure ethical adoptions while not completely eliminating practices which are effective at finding families for children.

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