FOR THE CREATION OF A LAW AGAINST ILLEGAL INTERNATIONAL ADOPTIONS IN FRANCE

Author

Author(s):

Collective of French Adoptees of Mali (Collective AFM)

Recipient(s):

Emmanuel Macron (President of the Republic)

Elisabeth Borne (Prime Minister of the French Republic)

Eric Dupond-Moretti (Keeper of the Seals, Minister of Justice)

Catherine Colonna (Minister for Europe and Foreign Affairs)

Charlotte Caubel (Madam Secretary of State in charge of Childhood), Mrs Yael Braun Privet (President of the National Assembly)

The petition

In recent years, testimonies and investigations have brought to light many reprehensible and even criminal practices concerning international adoptions. Aware of the scale of the phenomenon and its dramatic consequences, the United Nations experts, on September 29, 2022, called on States to take measures vis-à-vis these practices, which in certain circumstances could amount to crimes. against humanity.

The recommendations and the various independent studies could not have been done without the work of “whistleblowers” ??who very often were adopted persons themselves.

Indeed, once they become adults, these people then in search of their origins often discover illicit practices that have marred their adoptions, ranging from simple misdemeanors to more serious crimes such as child trafficking or enforced disappearance.

Faced with these discoveries, the victims of these abuses (adopted persons, biological parents and adoptive parents) are left to their own devices and their efforts to reconnect with their origins or quite simply to discover the truth about these practices, which is akin to a real obstacle course;

It is urgent that France initiates a law to prevent, recognize, condemn and repair illegal international adoptions and support the victims .

1) Multiplication of discoveries of illicit practices and human rights violations: ranging from irregularities, to misdemeanors or serious crimes such as child trafficking, enforced disappearance

In France, a historical study , associations, extensive journalistic investigations , and an official statement by United Nations experts report facts that are contrary to the best interests of the child, to the international convention on the rights of the Child of November 20, 1989 and the Hague Convention of May 29, 1993 signed by France in 1995 and ratified on June 30, 1998.

Thus a very large multiplicity of facts could be brought to light such as:

child abductions, sales, purchases and trafficking;

enforced disappearances;

fraud in declarations of adoptability;

falsification of official documents (false birth certificates, visas, passports, adoption orders, consents to abandonment, false death certificates, etc.);

lack of informed consent from biological parents;

the making of fraudulent financial gains by intermediaries;

corruption and embezzlement;

the voluntary separation of siblings (brothers and sisters separated during adoption by organizations approved by the French State);

false stories about the adoption circumstances told by intermediaries involved in the adoption (false orphans);

the absence of a visa to enter French territory;

non-compliance with the laws of the countries of origin regarding adoption and international law.

Published in February 2023, a historical study on illicit practices in international adoption in France, conducted by two historians, Professor Yves Denechere and Doctor Fabio Macédo from the University of Angers confirms a recurrence of illicit practices. This 150-page report is based in particular on French diplomatic archives .

The two academics demonstrated the systemic nature of illicit practices ;

2) Absence of support from the French State regarding assistance in researching origins for adoptees born abroad

Currently, the French State does not help adoptees born abroad in their search for origins, unlike adoptees born in France. It shows that these people are discriminated against based on their place of birth and their social background because the search for origins can be expensive (travel, etc.); There are also difficulties for adoptees in obtaining information about their adoption;

The State is however the guarantor of international adoptions in France.

Collectives and associations of adoptees have organized themselves in recent years to make up for this lack.

3) Current French law is not adapted to the fight against illegal international adoptions and to compensation for damages

In 2007, public opinion was shocked by the affair of Zoé's Ark , this French association which had deceived Chadian families with a view to taking their children away from them, yet 16 years later, it still does not exist. legal text allowing children who have been adopted in very similar circumstances to obtain justice and reparation. For example, limitation periods are currently not adapted; the most serious facts often being prescribed when they are discovered by the victims. However, as the facts were committed when they were children, the victims were not in a position to know about them;

However, in September 2022, the United Nations Committee on Enforced Disappearances published a joint statement on illegal international adoption recommending that States modify their legislation on the issue. The text specifies that “in certain cases provided for by international law, illegal international adoption may constitute a serious crime, such as that of genocide, or a crime against humanity”; and that “states should ensure that statutes of limitations do not constitute an obstacle for victims seeking to access a legal remedy, given the particular difficulties that child victims encounter in bringing complaints and continuous nature of the infringement. »

4) French victims are mobilizing, in France and abroad, to defend their rights

In France, the collective of French adoptees from Mali led a campaign with certain ministers, deputies and senators. Other organizations of adoptees and adoptive parents have also mobilized;

Internationally, it is alongside the Voices Against Illegal Adoption (VAIA) coalition of 13 organizations (including 3 French) of people adopted internationally and of adoptive and biological parents that an awareness campaign relating to adoptions illegal international relations and the right of access to origins is carried out with different committees, working groups of experts and special rapporteurs. A few months later, the experts of the United Nations published the joint declaration relative to the illegal international adoption drawing up very clear recommendations to the States.

Following this mobilization, on November 8, 2022, the State announced the establishment of an inspection mission on illicit practices in international adoption . The conclusions should be submitted to the Minister of Justice, the Minister of Foreign Affairs and the Secretary of State responsible for children at the end of the spring.

We would like this report to be made public, as it promised to the press, because the State has a duty of truth towards the victims: adopted persons, adoptive parents and biological parents.

We also hope that the State will take measures in consultation with all the representatives of organizations of persons adopted internationally and hear their legitimate demands.

5) The demands of the Collective of French adoptees in Mali: recognition, public apologies, prevention, support, investigations, legislation and reparation if necessary

Application of the joint declaration on the illegal international adoption of United Nations experts of 09/29/2022;

Official recognition of illegal international adoptions by the French State with an acknowledgment of the responsibility of the State. Switzerland, for example, expressed “its regrets about the failings of the authorities”;

Amendment of the penal code so that offenses and crimes related to illegal international adoptions become continuous offenses with appropriate limitation periods;

Creation of a legal framework framing the authorization of DNA tests which are sometimes the only possible recourse to certify the bond of filiation when a person thinks he has found his biological family; while the use of these tests is currently prohibited in France;

Implementation of repair procedures recommended by United Nations experts for adoptees who so wish;

Implementation of investigations, administrative and judicial inquiries without delay when reporting past or current illicit practices;

Right to truth: Legal obligation for all persons or organizations holding information on an adoption to make it available to the adopted person concerned as part of his search for origins (example: separated siblings, identities of birth parents or intermediaries) with cooperation between States if necessary;

Creation of a multidisciplinary structure supporting the search for origins (psychologist, social worker, legal and administrative assistance, etc.).

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