Child trafficking and adoption An illegal adoption network in Madagascar, bound for France

12 May 2004

AMADEA, an NGO founded in 1986, Authorized Body for Adoption (OAA) authorized for Madagascar since 1990 and member of the French Federation of OAA (FOAA), found itself confronted and attacked head on by what seems to be a network of illegal adoption in the region of Toamasina (Tamatave) in Madagascar.

The French adoption organization has signed a partnership agreement with the Nomena center which takes in abandoned children on this part of the island.

Nôry, a 2.5-year-old girl, is one of these children and her judgment of adoption by a French family is pronounced on 5/11/2003. It will only be notified 2.5 months later (legal appeal period: one month).

In January 2004, an illegal network, orchestrated in all likelihood by a couple of Franco-Malagasy restaurateurs neighboring the children's institution, came to the fore. The man, Mr AA, a Malagasy jurist, is an ambitious political figure, his companion, Mrs FC, is French. They take care together of the management of a hotel located a few hundred meters from the center. Without it being possible to identify the origin of the rumour, many in Mahambo believe that they are responsible for the center. Fraudulently pretending to be someone close to Amadea, it was therefore not difficult for Madame to show the center to candidates looking for children to adopt.

For a few months, in fact since the electoral campaign for the municipal councils, the Malagasy Association which manages the center was opposed to its former director dismissed from his functions following serious shortcomings, busy as he was leading the electoral campaign of Mr. AA. The dismissed former director then never ceased to file complaints against the staff and officials of the Malagasy association, citing in particular abuse of children (while it was at the time of the facts that he denounced, himself the first local official!). This layoff was the subject of an agreement signed by the 2 parties on 6 Nov 03.

The smear campaign on the subject of child abuse has intensified against the Reception Center and pressure is exerted on the biological parents, with abusive signing of papers, to withdraw their children.

Despite the existence of a judgment on the merits for the adoption, the former director and the couple obtain (how?) an order from the children's judge to give custody of Nôry to the biological father. Order which is quickly retracted by the judge when she learns of the existence of the adoption judgment.

This order can never be executed because Nôry disappeared: complaints were then filed for non-presentation of a child, kidnapping and forcible confinement.

The steps taken to enforce the law remain in vain. It seems that at all levels, we are afraid of Mr. AA., who also declares that he fears nothing because at all levels of justice there is an A. Mr. A is present at all times of

the procedure, with the gendarmes, in court by declaring himself the biological father's legal adviser and indeed, the general impression is that the investigation is stalling.

We then discover that little Nory is intended for a French couple expatriated to Reunion, therefore to France, and that a visa has been requested for its transport under the reason of medical evacuation, with supporting documents. (A judicial inquiry is open in Reunion).

Of course, significant pecuniary exchanges would justify this process succeeding, especially since the same scheme was in progress for all the other children in the center.

Recounting all the events would take too long as the story seems incredible.

Where are we today ?

Nory finally arrived in her legal adoptive family on the evening of 03/13, 4 months after the judgment.

Six other children arrived on 15/03.

The last children were moved as a safeguard measure to a center of the Malagasy association located in another province. But a complaint for misappropriation of children, forgery and use of forgery, was then filed against the association. Those responsible were charged and the children placed in judicial custody pending the regularization of the administrative and judicial situation. Indeed the couple AA – FC maintains the following version of the facts: “The children of the center are all mistreated. Nory's father therefore wanted to take her back to have her treated and oppose her adoption.

AMADEA has instituted civil proceedings in order to be able to lift the serious charges brought against its employees and partners, to provide proof of criminal practices and to bring to light illegal adoption networks with pressure on biological families and even kidnappings of children.

All ABOs authorized for Madagascar, without exception, have been confronted for some time with difficult or even hostile working conditions and there are signs that they are led to believe that hidden financial interests are at the root of this.

The "Nory affair" puts us this time in the presence of a very precise reality which enlightens us but which also raises many questions. In particular this one: Is Madagascar on the way to becoming the new Viet-Nam of adoption, a zone of lawlessness where children become the merchandise of a lucrative traffic?

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