ICAV - Let’s talk about Illegal and Illicit Intercountry Adoptions
There’s a resounding silence around the world from the majority of adoptive parents when adult intercountry adoptees start to talk about whether our adoptions are illegal or illicit. Why is that? Let’s begin the conversation and unpack it a little.
As an intercountry adoptee, I was purchased through illicit and illegal means and it has taken me years to come to terms with what this means and how I view my adoption. I’m not alone in this journey and because of what I hear and see amongst my community of adoptees, I believe it’s really important for adoptive parents to grapple with what they’ve participated in. This system of child trafficking in intercountry adoption is widespread! It’s not just a Guatemalan, Vietnamese, Sri Lankan or Russian issue – it impacts every country we are adopted to and from, beginning back in the 1950s enmasse, through to current day adoptions. The 1993 Hague Convention came about because of the vast number of illegal and illicit adoptions. The Hague could possibly blind adoptive parents into believing their adoptions cannot be illegal or illicit because they went through the “approved” process and authority. But while a Hague adoption is less likely than a pre-Hague private or expatriate adoption to have illegal and illicit practices within, it is no guarantee because the Hague lacks mechanisms to enforce and safeguard against child trafficking.
To date, most adoptive countries have also not curbed or stopped private and expatriate adoptions that bypass the Hague processes. This means illegal and illicit adoptions are very much still possible and facilitated through a country’s immigration pathways and usually the only role an adoptive country will play in these adoptions, is to assess visa eligibility. This remains a huge failing of adoptive countries who assume a birth country has all the checks and balances in place to prevent illegal and illicit practices within private and expatriate adoptions.
If you aren’t grappling with what you’ve participated in as an adoptive parent, you can be sure your adoptees are, at some point in their lives. More so these days, as the world around us changes and country after country (Netherlands, Belgium, Norway, Switzerland, Sweden, France) eventually investigates and recognises the wrongs done historically in intercountry adoption. Germany, Denmark and Australia are countries where adoptees are currently pushing for their governments to investigate. Support comes from the UN who last year, issued their joint statement on illegal intercountry adoptions.
It’s important we have these discussions and be truthful with adoptees about illegal and illicit practices that are our adoptions. In ICAV, we grapple with the reality, especially when it comes to searching for our origins and finding out the truth. Here’s a webinar I co-facilitated two years ago on this topic. As you’ll see from the webinar, we are all impacted by these practices – adoptees, adoptive parents, and our original families.
When I first started ICAV in 1998, I didn’t want to discuss the darker sides of adoption. I blindly mimicked what I’d heard – being grateful for my life in Australia and thankful that my life was so much better than if I’d remained in Vietnam. It’s taken me years to educate myself, listening to fellow adoptees around the world who are impacted and advocating for our rights and for the dark side of adoption to be dealt with. I’ve finally come to understand deeply what the adoption industry is and how it operates.
My adoptive parents couldn’t deal with my questions or comments about being paid for in France, or the questions I had about the Vietnamese lawyer who facilitated my adoption. They jumped to his defence. But there is no evidence I am an orphan and my 40+ years of searching for the truth highlights how illegal my adoption is, to date: no relinquishment document, no birth certificate, no adoption papers from the Vietnam side, only a few personal letters written from lawyer to adoptive family and an exchange of money to a French bank account, then the Victorian adoption authority processed my adoption 16 years after I entered Australia with parents who were questionably “assessed and approved”.
I’m a parent of teenaged children and I know what it’s like to have those tough discussions on topics we aren’t comfortable with. I’m sure many adoptive parents must feel doubts and possibly a sense of guilt looking back in hindsight, for not looking into things more, pushing away doubts about the process, the costs, the facilitators, in their zeal to become a parent at all costs. If you feel guilt or remorse as an adoptive parent, at least you’re being honest about the reality of intercountry adoption. Honesty is a good place to start. What’s worse for adoptees is when our parents deny and defend their actions despite data that indicates there were plenty of signals of illicit practices from that country or facilitator. Being honest will help your adoptee start to trust you can take responsibility for your actions and not pass the buck to the “other” stakeholders who also contribute to trafficking practices.
The difficult part for us all, is that there are rarely any supports or education on this topic from those facilitating adoption or supporting it – either as pre or post adoption organisations. Even less support exists for those who KNOW it was illegal or illicit adoption and no-one guides us as to what we can do about it except our own peer communities. This needs to change! It should not be the responsibility of the impacted community to provide the industry and authorities with education and resources on what it means to be a victim of the process and how to support us.
At ICAV, we have been attempting to fill this gap because the industry continues to fail us in this way. Here is our global paper we compiled of our responses we’d like from governments and authorities. I hope those who feel guilt or remorse will turn that feeling into an action to demand better supports and legislation for impacted people and speaking up to hold governments and agencies accountable. That is how you’ll help us in my humble opinion. The fact that so many parents who participated in trafficking practices are silent is only damning your adoptee to have to fight the system by themselves.
Thankfully, the work I was involved in, to represent adoptees in the Hague Working Group on Preventing and Addressing Illicit Practices in Intercountry Adoption, has concluded with a published toolkit in which Central Authorities are now provided a template for how they could respond to queries from victims of illegal and illicit adoptions. Sadly, this toolkit, like the 1993 Hague Convention is not enforceable and so, it requires those of us who are impacted to spend much time and energy pushing governments and authorities to respond to us in an appropriate manner.
If you are an Australian and you’d like to support us in our push for an investigation by an independent body into Australia’s history of intercountry adoptions, you can participate in our survey as an adoptee or as an adoptive parent. We aim to gather high level data showing the human rights abuse patterns throughout the birth countries and the ongoing lack of adequate responses from the Australian government and authorities. Prior to this, we created a letter with signatures from the community which was sent to every Australian Central Authority, every Minister responsible for Adoption at both State and Federal level, and to our Prime Minister and State Premiers.
For the benefit of many, I felt it important to provide an easy to read document on what an illicit and illegal intercountry adoption is. My heartfelt thanks to Prof David Smolin who did the lion share of creating this easy to read document. I’m honoured to know some incredible adoptive parents like David who spend their lives advocating and working with us to change this global system.
.