LONDON, United Kingdom — The past few decades have seen an upsurge in the phenomenon of “paper orphaning.” Children are taken illicitly from their birthparents and are falsely presented as orphans by means of fraudulent documentation, rendering the children “legally” adoptable to satisfy the demand for intercountry adoptions. This demand, mainly from couples in developed countries wanting to adopt from the Global South, combined with the adoption fees associated, results in recruiters in sending nations using illicit means to generate a sufficient supply of “adoptable” children, or illegal orphans. According to the Office of the High Commissioner for Human Rights, illegal intercountry adoption is a human rights issue as the act violates several human rights and has “devastating consequences on the lives and rights of victims.” Intercountry adoption processes must at all times consider the best interests of the child. The Borgen Project spoke to Professor David Smolin, director of Cumberland School of Law’s Center for Children, Law and Ethics on the topic of illegal intercountry adoptions.
False Promises and Financial Incentives
Through coercive tactics such as deception, bribery or even abduction, wily recruiters obtain children from impoverished, vulnerable families and sometimes even pregnant women, a research article by Griffith University law lecturer Kathryn E. van Doore discusses. These recruiters promise better opportunities for the children, such as a good education, and tell parents that they can see them during the holidays. There are further incentives such as financial or other rewards. Many parents, therefore, do not give consent freely but under psychological pressure and/or deception. Sometimes, recruiters take children by force and, in some cases, parents actually pay to relinquish their child.
These children are then legally “adoptable” through the falsification of identities and papers, including falsified birth certificates and death certificates of the parents, and they become “paper orphans.” These incidents have occurred in Nepal, Cambodia, Uganda and Ghana, among others, says Van Doore on a Griffiths University news page.
Paper Orphaning and Poverty