Tag Archives: China program updates

Five Reasons to (Still) Adopt from China

Last November for National Adoption Month, I gave five reasons to choose China to adopt from. Since then, two of those reasons are no longer part of the China program. I thought I should update it this year to let you know that despite recent program changes, the China program is *still* a great option.
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November is National Adoption Month! I thought I would kick off the celebration by giving some reasons why China’s adoption program might be a good fit for your family.

1. The process is streamlined and predictable. Unlike adopting from foster care, domestic infant adoption, or programs from some (but not all) other countries, the China program has a clearly defined timeline of steps. Most families will bring home a child 10-15 months after they begin the process. Many people switch to the China program after a failed attempt at adopting through another program, so the stability is appealing.

2. You have the ability to choose your child’s age, gender, and the special needs you are comfortable with. You will not be assigned a child, nor will you be penalized for declining a file which you do not feel is a good fit for your family.

3.Travel is a single two week trip and only one parent is required to travel. Some countries require multiple trips or a lengthy stay in country to complete the adoption. While this gradual approach is undoubtedly better for the child or children being adopted, the fact is that many families could not adopt if that were a requirement. China’s travel requirement is one which most families can meet.

4. The China program still has generous eligibility guidelines. While the guidelines are now more restrictive than previously, the upper age limit is 5-10 years higher than many programs. Allowing five children in the home is more than other programs such as Thailand, South Korea, or India. China’s criteria for single parents or couples with a single divorce in their marital history are more generous than the former guidelines.

5. The China program is well established and stable. Some people have been concerned that the recent changes might indicate an upcoming closure of the program. On the contrary, China has regularly made updates to their program every 3-5 years. This is one of the aspects of the program which has helped it to continue going strong for more than 20 years. Nearly 80,000 children have been adopted to the US from China, far more than any other placing country. Of the other four top placing countries, only the Korean program remains open to American parents now that Russia, Guatemala, and Ethiopia have closed.

If you are just beginning your adoption journey and found this post helpful, you might consider buying my book which has all of this information and more, including several chapters on travel.

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File distribution in the China program

People who are considering or starting out in the China program right now are beginning at a time when the program is in transition. At the beginning of 2017, China stopped granting waivers, which had allowed families who did not quite meet all of China’s criteria to adopt. China made changes to their parent eligibility guidelines over the summer, as well as announced that the partnership system would be ending as of January 1st, 2018. I hope this post will help to explain these changes to those who aren’t sure what they mean.

Does this mean the China program is ending?

No. China’s international adoption program has been active for over 20 years. During that time they have made changes in parent eligibility as well as how the files are designated and distributed. The partnership program was a relatively new innovation in China’s program. Families will still be able to adopt from China without the partnership program.

What was the partnership program and why would they end it?

The One-to-One program, more commonly known as “partnerships” involved adoption agencies signing a contract with a specific orphanage in China. In return for providing material, medical, and/or educational support for the orphanage, all files prepared by that orphanage would be designated to that agency first for a period of time. Larger agencies might have 15-20 partnerships while small agencies might only have one or two. China’s ending of the partnership program, is likely a side effect of the law governing Non- Governmental Agencies (NGO) which went into effect January 1, 2017. You can learn more about the NGO law in this post.

If there are no partnerships, how will agencies get files?

Prior to the partnership program, all new files were added to the shared list once a month. Agencies will continue to receive files from their active partnerships through the end of the year, but on January 1st, 2018 all newly created files will presumably be added to the shared list. Files which reach Civil Affairs by the last day of December will still be sent to partner agencies when they are finalized, so partnership files will continue to trickle in for the first few months of 2018.

I don’t want to wait a long time to be matched. How do I know which agency will be able to match me fastest after January?

That’s a question no one can answer. Agencies are still giving match time estimates, but we really don’t know how things are going to go. Some agencies are experienced at matching off of the shared list while others relied almost exclusively on their partnerships for matching. Theoretically an agency with a long list of waiting families with you at the bottom of the list would take longer to match you than an agency with few waiting families, but until we’ve been on the system long enough for agencies to know what their average number of matches per month are, we won’t know for certain.

Will files still be designated LID only or Special Focus?

I would assume that these designations will remain. Losing the LID designation would only slow down the process for young children with minor needs because they could be locked by families without a dossier in China. Similarly, the Special Focus designation allows a greater amount of potential families to commit to a child that might be more difficult to place. Being able to lock a file without a dossier in China is a relatively new option, and it is only done in America. However, some families respond much better to an actual child that they have seen in a photo so this is a very effective way to place children. Hopefully this aspect of the program will remain unchanged. If you don’t know what LID and Special Focus files are, read this post.

Does this mean there won’t be any more agency photolisting so I can find my child first?

Possibly, but I doubt it. China has always had the ability to designate files to a particular agency for a period of time. I think it is likely that children who have been unmatched on the shared list for a few weeks or months will be designated to a specific agency so that the agency can advocate for the child. The “former shared list” program shows that China understands this is an effective way of helping overlooked files to be seen.

Isn’t it a bad thing if partnerships end?

There were certainly positive aspects to the partnership program. Agencies were able to improve orphanage conditions by providing material aid and training to their partner orphanages. CCAI and Holt, as the two agencies with NGO recognition, might be uniquely placed to continue to provide aid to particular orphanages or meet children in the orphanages. Holt announced that they have received consultative status on the Economic and Social Council at the United Nations. While CCAI does not have quite the same international presence for humanitarian aid, both agencies have a high reputation with the CCCWA and been involved in child welfare in China for a long time. We can hope that they continue their work in China alongside NGOs such as Love Without Boundaries or OneSky, in addition to the many China based organizations which exist.

A good aspect of the partnership program was that often agency personnel would advocate for files to be created for particular children they met, so children got the opportunity to be adopted who had been considered unadoptable by the orphanage director. Moving to the partnership ended the “feeding frenzy” for the most desired files because agencies knew that they would be receiving files from their partner orphanages to match. It’s possible that agencies might feel a certain amount of reluctance to invest advocacy resources into files which could disappear from the shared list at any moment. However, if designated file continue as I speculated above, that would help with this negative aspect.

The partnership system also gave families more time to have a file evaluated and come to a decision with less pressure. Shared list files can only be locked for 72 hours. It can be difficult to get a file review in that amount of time, particularly over weekends or holidays. Sending questions for a file update would presumably be out of the question.

Can you give me any good side to moving back to an all shared list system?

The partnership program was not without its downsides. Partnerships were an almost exclusively American phenomenon. Most other countries could not enter into a partnership contract because of their governing laws or interpretation of the Hague agreement. This made it very difficult for families in other countries to be matched with a child, particularly those in countries with restrictions on the age or special needs of the child to be adopted. The partnership system always carried the risk of encouraging corruption. Would orphanages feel pressure, implied or actual, to provide a certain amount of files for young children with minor needs to justify the agency’s “investment” at their orphanage. Moving back to an all shared list system will level the playing field in that case. Regardless of country or size of agency, all will have the same access to new files.

It will also make it easier for people who have identified a particular file to use their preferred agency to lock the file and complete the adoption. However, since people often identified files through the advocacy efforts of agencies who had the file designation, this might happen less often.

 

I know that any changes in the China program cause people to feel uneasy. We like consistency and predictability. Be assured that families were matched through the shared list for many years. People like myself continued to be matched from the shared list even when most agencies had partnerships. While there were many advantages from the partnership system for families, the China program will continue to be a wonderful program for families even without agency partnerships.

 

China Program Changes July 2017

The CCCWA released an announcement yesterday making official changes which have been expected for some time. The statement was posted on the SuperKids blog but it is short so I will reproduce it below.

Relevant government departments and adoption agencies in receiving countries,
Following the enactment of the Law of the People’s Republic of China on the Administration of Activities of Overseas Non-Governmental Organizations within the Territory of China (hereinafter referred to as Administration Law) since January 1, we would like to notify as follows on relevant issues about the programs carried out by adoption agencies such as the One-to-One Assistance Program, Journey of Hope Program, and Summer/Winter Hosting Program based on the regulations of the Administrative law and conclusions of competent authorities:

  • All activities concerning the One-to-One program, Journey of Hope Program, and Summer/Winter Hosting Program will be terminated. For children who have been assessed by adoption agencies through the One-to-One program before the enactment of the Administrative Law and whose reports have not been submitted to CCCWA, if their reports are submitted through the provincial department of civil affairs to CCCWA before December 31, 2017 (subjected to the approval date of the provincial department), CCCWA will post these files to the specific list of the original adoption agency. Agencies are requested to look for children within required deadline, otherwise the files will be withdrawn by CCCWA when the deadline is closing.
  • Foreign adoption agencies should abide by the business scope specified in the registration when working in China. No activities with inter-country adoption as the purpose are allowed when agencies work in welfare and charity related activities.
  • Adoption agencies should look for adoptive families according to the requirements outlines in the Review Points for Decision on the Eligibility of Foreigners Adopting from China and avoid hasty placements without discretion within the deadline.

What this means is that all partnerships (One-to-One program) will be terminated as of January 1, 2018. If files currently in process through a partnership program are submitted to the CCCWA by December 31st, the partner agency will still receive the file. That means that if you are currently pre-matched to a file, you will be able to complete the adoption. Agencies will probably (or should) begin tapering off from pre-matching as it will become increasingly unlikely that the pre-files they receive will be completed in time.

While this announcement did not specify how files will be disseminated without the partnership program, presumably they will all be added to the shared list. You can read more about what this means and what it might look like in this post.

Hosting programs will also cease. Many hosting programs were already canceled this year, so this is making changes already in place official.

The second point reads to me as if the NGO law is causing a separation between adoption agencies and charitable activities which they engage in. If an agency is not listed as an NGO, trips to visit orphanages will no longer occur. Does this mean that aid programs which took place under the partnership system will also stop? Probably, but we will see how it plays out.

The final point seems to be indicating that waivers will continue to not be granted. The CCCWA seems to feel that agencies should be more selective in the matches they make and not jump at any family for a file.

 

I will continue to update on the blog as information comes available.

June 2017 China program guideline changes

The CCCWA has released the new parent eligibility guidelines, effective immediately June 30, 2017. These guidelines were published yesterday in several locations such as Rainbow Kids, No Hands But Ours, and RedThread Advocates. I waited a day to report because I knew there would be many questions as to how to interpret the new guidelines. Agencies have now had clarification, so what is in the post reflects how agencies have been told the guidelines will be interpreted. Please note that some of these clarifications might change over the next few weeks as agencies figure out the nuances. I will update as things become more definite.

Here are the guidelines:

  • Age– Parents must be at least 30. No more than 50 years age difference between the child and the youngest parent. This is the same as the previous requirement.
  • Length of marriage– Couples need to be married for 2 years for a first marriage or only 1 divorce. If there are two divorces in the history, the couple needs to be married for 5 years. Years cohabiting can count toward the marriage. This is actually more generous than the previous guideline which required 5 years of marriage for any history of divorce and did not officially say that time cohabiting counted.
  • Health– (1) Use of medication for “mental disorder” such as anxiety or depression is still allowed under the new guidelines. It is now explicitly stated that a psychological exam is required. (2) History of cancer has again appeared in the guidelines. You must be cancer free for 3 years for skin, breast, testicular, or thyroid cancer. Other types of cancer require 5 years cancer free. (3) Adoptive parents who have dwarfism themselves can only adopt from China if they adopt a child with the same condition, making official the previously unofficial policy.
  • BMI– The BMI requirement remains under 40 in order to be eligible to adopt.
  • Financial requirements– This remains a net worth of $80,000 for families plus an income of $10,000 per household member including the adopted child. The net worth is $100,000 for single parents, plus an additional $10,000 per household member above married parents. The 12/2014 guideline included a mention of “relaxing” in the case where the family did not meet the net worth requirement but were above the “local average living standards” which has now been omitted. The new guidelines say that the requirements could be relaxed for foreigners living in China. Many families were only able to qualify because they were given a cost of living waiver, so the loss of this will have a significant impact.
  • Number of children in the home– Perhaps the most significant change is that families must not have more than 5 minors (under 18) in the home or only 2 for single parents. In addition, the youngest child in the home should be at least 3 years old at time of LID. The age of the 3 year old or a minor turning 18 is determined by what age they are at the time of LOI or LID, whichever is first.
  • Frequency of adoption– There should be a year from the adoption date of the first adoption until “current adoption application date” to begin a second adoption. The current application date is submitting LOI. This means reusing a dossier is no longer an option.
  • Adopting multiple children– Previously China allowed families to adopt two unrelated children at the same time, sometimes more depending on the circumstances. The guideline says “In principle, [parents] should adopt 1 child from China at a time.” It does make an exception for twins or siblings. Adopting two unrelated children at once was a very popular option for many families. The loss of this option will also have a significant impact.
  • Singles– Two requirements regarding singles adopting were removed from the previous guidelines. One was that the age difference between a single parent and the child they are adopting cannot be greater than 45 years. The other stated that the single parent must not have children younger than age 6 in the home. Presumably this means that the requirements are now the same as married families in those areas, so this is an improvement.
  • Expatriates– American citizens residing outside of the US must live in a country which is part of the Hague agreement or has an inter-country adoption program with China.

If you are currently in process to adopt from China but no longer qualify, here is how this will effect you:

  • If you have LOA and are working towards travel—> Your process will continue normally
  • If you have a LID, PA, and are waiting for LOA—->Your process will continue normally
  • If you have PA but do not yet have a dossier logged in—->Your PA will be honored and you can continue the process
  • If you have a dossier logged in but do not yet have a match—–>You will still be able to be matched because you qualified at the time your dossier was logged in.
  • If you had started the process but are not matched nor have a dossier logged in—->You are no longer eligible for the China program
  • If your agency has you matched to a “pre-release” file but you do not have a dossier logged in—–>I have not heard this clarified specifically, but since you cannot send a LOI until the file has officially been released, I think you will not be allowed to adopt because this falls under no PA, no LID

Will the CCCWA start granting waivers again for the harder to place kids?

We will have to wait and see on that. We can hope that with the stricter guidelines, there will be some leeway as there was previously.

What about the partnerships? 

This document only contained adoptive parent eligibility requirements. Agencies are expecting information on the future of partnerships to be released separately, at some time in the near future.

Why did China make these changes? So many kids won’t get families now that you can’t adopt two at once, reuse your dossier, or adopt if you are a large family!

At the beginning of the document, China stated that this criteria is “in order to further promote the scientific and standardized level of inter-country adoption, and implement our working principle “everything for the children.” As far as I’m aware, adopting two at once was only an option in the US so they might see eliminating that as standardizing the level of inter-country adoption. This could also refer to bringing their requirements in alignment with those of other countries. If you look at the requirements of other country programs you will find that most say you can adopt a single child, specify a maximum number of children in the home, do not allow you to adopt with a baby or toddler in the home, and say that you must wait 1 or 2 years between adoptions.

These are common requirements because they are in alignment with what is considered best social work practices. Adopting a single child at a time and having over a year between adoptions allows the parents to focus on the physical and emotional needs of their new child. The same goes for not allowing an adoption with a child under age three in the home. The requirements state that “Parents should have enough time and energy to take care of the minors in the home, including the prospective adoptee.” Babies and toddlers require a lot of focused attention, the same as newly adopted children. A family who has six in the home who are spread out over a large age range will qualify sooner than a family with six under the age of five, which I have seen happen when families with young children adopt multiple children at once and have back to back adoptions.

It is very difficult to realize that you are no longer eligible to adopt from China. These new guidelines mean that our own family is no longer eligible. Even though we had no plans to adopt again, choosing not to adopt feels different from China saying you do not have the option. For many families it feels as if China is saying their family is no longer good enough, even though prior to this week you were good enough. People are looking at the children who would not be in their family if these policies had been in place previously and wondering why China now feels it isn’t in their child’s interest to be there. I understand all of these feeling. This is really hard for those families who love China and who love the children there who need families.

However, we have to keep in mind that China does not have to have an international adoption program at all. We do not have any entitlement to their children. The new rules are much closer to the rules they have had in place for the majority of the program. We have heard that China is very concerned about the amount of disruptions and dissolutions. Every single week, there are families who travel to China but decide not to adopt the child they were in process for. Perhaps China has concluded that the experiment in looser guidelines did not have good outcomes. That view might be oversimplified (certainly the special needs of the children now are greater than they were seven years ago), but even so, they are making this decision because they feel it is in the best interest of the children they place. I know many wonderful adoptive families who have more than six children, have young children, or who have adopted multiple unrelated children at once who disagree, but in the end, we have to choose to be thankful for the great number of children who were able to find families before China decided to restrict the parent criteria.

If you would like to consider another country’s adoption program, I would suggest you check program requirements at the US State Department website. Be sure to see how many adoptions occur from that country per year. A very low number indicates it is difficult to adopt from, even if an agency might say it is a good option. You can check program eligibility requirements and find agencies who have a program with that country at Rainbow Kids. For example, if you are no longer eligible to adopt from China because of family size, you might want to look at Poland, Hong Kong, Colombia, or Bulgaria.

 

 

Upcoming changes to the China program

This week three different agencies have stated that they were informed the CCCWA will soon be announcing that the partnership program will be ending, as well as other possible changes to the program. This is causing a lot of questions and anxiety for those in the China adoption community. Since there have been several program changes within the past few months, I created a “China program updates” tag for blog posts. While we have more speculation than information at the moment, I’ll try to answer the questions people are asking right now. I tried to make it clear what is certain and what is my opinion.

Does this mean the China program is ending?

No. The partnership program involves agencies agreeing to provide aid to specific orphanages in exchange for being the first to receive files from that orphanage. It is a relatively new innovation in China’s program, which is over twenty years old. Families will still be able to adopt from China without the partnership program.

Why would they end the partnership program?

If China ends the partnership program, it is likely a side effect of the law governing Non- Governmental Agencies (NGO) which went into effect January 1, 2017. I wrote about the law and it’s implications about six months ago.

Is this really new information? I thought most partnerships were ending when the contracts expired anyway.

Most families in process get their information directly from their agencies. Not all agencies have informed their families about the NGO law and how it affects partnerships, presumably because they hoped they could get NGO classification without any disruption to services for their families. Some are speculating that the information this week is merely agencies finally coming clean to their families. In that case, China would continue to honor the partnership agreements until the contract date comes to an end. For most agencies that would be within the next year. Some agencies have already had their contracts expire and are now matching solely from the shared list.

However, I don’t think that is the case. Agencies have been really struggling with the NGO law, as much as they would like to meet the requirements. It was not written intentionally to affect adoption agencies. It is very difficult for some to meet the requirements. I think that China has been trying to find a way to make it work for six months but has concluded that the partnership program is not going to be sustainable under the new law.

What about the agencies that are already certified NGOs? Will they be able to continue their partnerships?

That’s the big question, isn’t it?  There are currently only two agencies who have NGO status. Will China let them continue their partnerships or would that be seen as unfair to the other agencies? We will have to wait and see there.

What if we are waiting for a pre-release file from our agency? Will we still receive it?

A pre-release file is one that the agency has been notified by their partner orphanage is in process of being prepared. Some agencies “pre match” these potential files with families in process with their agency so that the child can be officially matched the moment the file is available. Some agencies don’t begin the matching process until the file is close to being finalized while others match quite early in the file production process.

Because these are not official files yet, there is no guarantee that they will go to the agency if partnerships are ended. We do not yet have a possible date for the ending of partnerships. One agency said by the end of 2017 while another indicated they expected them to all end as soon as next month. China does have the ability to designate files to a specific agency so it is possible they could do that if the agency indicates they already have a family. If you are not yet matched, it would be best to decline any pre-release files until this issue is settled.

If there are no partnerships, how will agencies get files?

Prior to the partnership program, all new files were added to the shared list once a month.

Will files still be designated LID only or Special Focus?

We have no way of knowing that. I would assume that the LID designation will remain because it would only slow down the process for young children with minor needs if they could be locked by families without a dossier in China. Similarly, the Special Focus designation allows a greater amount of potential families to commit to a child that might be more difficult to place. Being able to lock a file without a dossier in China is a relatively new option, and it is not available in many countries. However, some families respond much better to an actual child that they have seen in a photo so this is a very effective way to place children. Hopefully this aspect of the program will remain unchanged.

Does this mean there won’t be any more agency photolisting so I can find my child first?

Possibly, but I doubt it. China has always had the ability to designate files to a particular agency for a period of time. I think it is likely that children who have been unmatched on the shared list for a few weeks or months will be designated to a specific agency so that the agency can advocate for the child. The “former shared list” program shows that China understands this is an effective way of helping overlooked files to be seen.

Isn’t it a bad thing if partnerships end?

There were certainly positive aspects to the partnership program. Agencies were able to improve orphanage conditions by providing material aid and training to their partner orphanages. CCAI and Holt, as the two agencies with NGO recognition, might be uniquely placed to continue to provide aid to particular orphanages or meet children in the orphanages. Holt announced this week that they have received consultative status on the Economic and Social Council at the United Nations. While CCAI does not have quite the same international presence for humanitarian aid, both agencies have a high reputation with the CCCWA and been involved in child welfare in China for a long time. We can hope that they continue their work in China alongside NGOs such as Love Without Boundaries or OneSky, in addition to the many China based organizations which exist.

Often agency personnel would advocate for files to be created for particular children they met, so children got the opportunity to be adopted who had been considered unadoptable by the orphanage director. Moving to the partnership ended the “feeding frenzy” for the most desired files because agencies knew that they would be receiving files from their partner orphanages to match.

Agencies might feel a certain amount of reluctance to invest advocacy resources into files which could disappear from the shared list at any moment. However, if designated file continue as I speculated above, that would help with this negative aspect.

The partnership system also gave families more time to have a file evaluated and come to a decision with less pressure. Shared list files can only be locked for 72 hours. It can be difficult to get a file review in that amount of time, particularly over weekends or holidays. Sending questions for a file update would presumably be out of the question.

Can you give me any good side to moving back to an all shared list system?

The partnership program was not without its downsides. Partnerships were an almost exclusively American phenomenon. Most other countries could not enter into a partnership contract because of their governing laws or interpretation of the Hague agreement. This made it very difficult for families in other countries to be matched with a child, particularly those in countries with restrictions on the age or special needs of the child to be adopted. The partnership system always carried the risk of encouraging corruption. Would orphanages feel pressure, implied or actual, to provide a certain amount of files for young children with minor needs to justify the agency’s “investment” at their orphanage. Moving back to an all shared list system will level the playing field in that case. Regardless of country or size of agency, all will have the same access to new files.

It will also make it easier for people who have identified a particular file to use their preferred agency to lock the file and complete the adoption. However, since people often identified files through the advocacy efforts of agencies who had the file designation, this might happen less often.

What about new regulations?

This is all speculation, but new regulations could be making official things which we have been seeing the past few months. That was the case in December 2014, which the CCCWA formalized practices which had been unofficial for quite some time.

Some things we are seeing right now is a family size limit of no more than 10 children under the age of 18 in the home and a limitation on adopting two at once or several adoptions within a shorter time frame. If a family adopts two at once, they can no longer turn around and complete another adoption within a year. At times, an agency has been informed that a family who just completed a single adoption should wait until the six month post placement visit before submitting LOI to begin another adoption.

Try to keep in mind that the current China requirements are really about as generous as they have ever been. There was a time that the China program was closed to single moms, and the previous family size limit was five children in the home so the new limit of ten is a big change for the better. Adopting two unrelated children at once is a pretty recent option. I know this is discouraging for families who have been hoping that China would begin allowing waivers again soon. It is especially hard for those who adopted from China previously but no longer qualify, or those who have been denied provisional approval for a child who might not get a family at all because they are close to aging out or have a need like Down syndrome.

Note: The new family eligibility guidelines are now available.

I hope this blog post has helped to ease fears and better understand the possibilities of upcoming changes. I will update as soon as anything official is released.

Understanding Waivers in the China Program

As I wrote in A new year . . . a new China program? there were several changes in December 2016–some official and others unofficial. Although these changes have been in place for a couple of months now, people still find them confusing. Waivers seem to be the aspect that people have the most questions about.

A waiver is when a family or person who does not meet all of China’s criteria is granted permission to adopt. For example, China used to say that anyone on medication for depression or anxiety was not eligible to adopt. However, many people in that situation adopted through the China program anyway because China granted them a waiver. It sometimes came with stipulations, such as adopting a special focus child rather than a LID designated child, or that the person have a psychological exam to make sure their mental health was sufficient to parent.

According to my understanding, a waiver is not a formal part of the adoption process. You do not draft a letter, sign and notarize it, and send it to China. Rather, agency personnel will inquire at the CCCWA about individual cases to see if it is likely they would be granted permission to adopt. For this reason, some people are interested in adopting again, but they don’t really know if they had a waiver the first time they adopted.

In December 2014, China changed their requirements to make official many of the situations where waivers were commonly granted. Among these new guidelines changes included:

  • Instead of setting an upper age limit of 50, the requirement is now that there should not be more than 50 years difference between the younger spouse and the child. For single parents, the age difference is capped at 45 years.
  • Instead of limiting the family size to 5 children under age 18 in the home, the number of children cap was eliminated entirely. However, as of December 2016 no families with more than 10 children under 18 in the home have been approved.
  • While the guidelines still state that adoptive parents should not have “mental disorder,” the following statement was added: “In the adoption by a couple, if they have such illness with minor symptom (sic) and are under good control by taking a small dose of medicine, they will be exempt from this limitation.”
  • Similarly, serious health conditions which affect one spouse now have the caveat: “In the adoption by a couple, if one party is completely healthy and the other suffers any of such diseases but is under good control after treatment, they will be exempt from this limitation.”
  • Finally, regarding the income and new worth requirements, China stated that “For PAPs whose family per capita annual income and family net worth does not meet the requirements . . . but is above the local average living standards, the limitation can be relaxed accordingly if they can provide valid certification.

What this means is that if you take a low does of medication for anxiety or depression, you do not need a waiver and are eligible to adopt from China. If a married couple is 62 and 60 years of age, they do not need a waiver as long as they are adopting a child between 10-13 years of age. If one spouse has a condition such as epilepsy or has cancer in their medical history, you do not need a waiver if your spouse is in good health and you are therefore eligible to adopt from China. Unfortunately, a BMI of over 40 does not fall under this “healthy spouse” category, even if the other spouse has a BMI under 40. At this time, both the marriage length and BMI requirements remain unchanged. If you do not meet these requirements, there is really nothing to do but wait to see if waivers begin to be granted again in a few months.

Red Thread Advocates, in conjunction with WACAP, has compiled this information in a great chart. You can see what the guideline is, whether a waiver is necessary, and in come cases whether waivers were likely or unlikely to be granted in the past. I have been given permission to post the charts below.

 

A new year . . . a new China program?

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I’m breaking my holiday hiatus a little early because panic has been spreading through the online China community. I’m seeing:

  • No more waivers–ever!!
  • China is denying LOA to families who already had PA!
  • Agencies can’t visit partnership orphanages any more!
  • The political situation between the US and China is causing all these changes!
  • This is the beginning of the end of the China program. It will be closed in 5 years!!

I contacted three different agencies to discuss these issues: WACAP, Holt International, and Lifeline. All three of the representatives I spoke with have many years of experience in the China program. None of them were at all concerned. They all stressed that there are always minor changes in the program, as well as an ebb and flow of being strict with the rules or relaxing them.

What seems to have created this situation is the coincidental timing of some policy changes within the CCCWA paired with the implementation of the Chinese laws governing NGOs (non-governmental organizations) which will take effect on January 1st. And without getting political on you, all of this happened around a time that the US/China relationship seems strained because of the presidential transition. This seems like overwhelming change to people, and it is causing the sort of rumors and speculation that leads to the idea that the China program will close down at any moment. Let me try to sort these issues out individually for you. Hopefully this will ease your fears as well.

First, the new laws foreign charities operating in China. You can read about the new NGO laws here or here. Agencies have been aware of this law for some time and planning on how to handle the issues raised by it.

IMG_5573Children’s House International posted the following on their Facebook page:

The CCCWA notified all agencies today that the new NGO law that goes into effect January 1, 2017 will have the current impact on adoption agencies:
1) The CCCWA will continue to assign children from CURRENT one to one partnerships to agencies. Agencies are currently asked to not travel to visit partnerships. No new partnership contracts may be added and expiring contracts will not be renewed at this time.
2) Advocacy Camps and hostings here in the USA will continue, but must be registered and approved under the new NGO law.

Does this mean that all partnerships will be ending? No one knows exactly how it will play out in practice. Presumably agencies with partnerships will register as an NGO, if that is possible for them. Holt International informed me that they are already registered as an NGO, while WACAP and Lifeline told me that they are seeking NGO status. No agency will be able to create a NEW partnership unless they have NGO status under the new law, but agencies which already have partnerships will continue to receive files from the partnerships until the contracts end, typically 1-2 years. Hopefully by that time everyone will be set up to be compliant with the new law or some new system will have come about. Remember that the partnership system is still fairly new in the China program.

What does this mean if you are in process? If you are already matched with a child in a partnership orphanage, you should expect to receive the file and complete the adoption. If you were expecting an update because your agency planned to visit the orphanage soon, that will probably be postponed. It is best to contact your agency directly to ask how they will be handling the situation. All of the agencies I contacted expected to be directed through the implementation by the CCCWA working with their in country agents.

The next issue that is the CCCWA recently notified agencies that they would no longer be granting waivers. First, we need to backtrack a little. China has changed the parent eligibility requirements over the years. At one point they stopped allowing single women to adopt but then they began allowing it again. In December 2014, China changed their eligibility guidelines in a way that formalized the waivers that they had been granting regularly. This included changing the upper age limit, family size, and allowing couples where one spouse has a serious medical condition to adopt if the other spouse is healthy. One of the biggest changes was to formally allow people to adopt if they are taking “a small dose of medication” for depression or anxiety. You can find the full text of these rules in the China Adoption Questions group on Facebook.

In the time after these rules, the CCCWA stopped granting waivers. Over time, they began granting waivers again. In some cases these waivers were to take into account special situations for particular couples. In other cases, it seems that because the changes moved the line to X point, that made it seem that now you could request waivers even further to Y or Z. If you think about it, someone in the CCCWA has to process the waivers. It got to be a lot of work, so they decided to change the rules to cut out most of the waiver requests. But the waivers kept coming. At this point, the CCCWA feels that the rules in place are sufficient and they will enforce them. China has very generous parent criteria compared to many countries. While it is disappointing to not qualify, this is one of those times where we need to remember that each country gets to decide their own program criteria. If the program history is any indicator, it is likely that they will begin granting waivers again at some point, but it seems clear that they want agencies to stick closely to the guidelines and reserve waivers for exceptional circumstances rather than routinely.

IMG_5400Pushing the envelope seems to be the catalyst for the situation regarding adopting three children at once. That happened a time or two, for particular families with particular circumstances. But once people found out that it was possible, they began asking if they could do it, too. Recently a few couples who had received PA for three children were told that they needed to let the CCCWA know which two they would like LOA for. If they wanted to adopt the third, they would have to start the process over and return to China. While I do not feel that adopting multiple unrelated children at once is generally in the child’s best interest, I know that this had to have been devastating for the families involved. It would have been better for China to have said no initially than to have changed the answer at the point of LOA. China has become increasingly concerned about the number of in country disruptions. It is possible that they found the situation sufficiently serious to warrant not granting LOA even though PA had been received. None of the agency representatives I contacted felt that this would begin happening in any other circumstances. They felt that at most, more information might be requested at the point of LOA for those who had requested a waiver prior to the tightening up on guidelines.

Finally, as regards the political tensions between China and the US currently, none of the agency representatives I contacted felt it was having any impact on the China program. Beth Smith of Holt International specifically said “I have worked with the China program for over 18 years, and, during this time there have been various major and minor political events and/or levels of tensions between our two countries. Political tensions or events historically have never had an impact on the China adoption process.” Her sentiments were echoed by the other two representatives I contacted who have been working in the China program for a similar length of time.

I hope this information has helped to reassure those who were concerned. The China program is still a good option for those who qualify.