Home  

Nicolin : « Non à une loi sur l'adoption par les homosexuels »

HOMOPARENTALITE

Nicolin : « Non à une loi sur l'adoption par les homosexuels »

le 13.11.2009 04h00

« La société doit-elle s'adapter par une loi aux mœurs des uns et des autres ? » interroge Yves Nicolin / Archives David Blanchard

zoom

Président de l'Agence française de l'adoption et député UMP, le Roannais Yves Nicolin revient sur la décision de justice autorisant l'adoption pour un couple homosexuel


Le tribunal de Besançon vient d'ordonner au Conseil général du Jura de délivrer un agrément d'adoption à une enseignante homosexuelle vivant avec sa compagne. Qu'en pensez-vous ?

Je pense qu'en l'état actuel de la loi, le tribunal ne peut pas rendre d'autre décision. L'agrément se donne à un couple marié ou à une personne célibataire. Dans ce cas précis, une des deux personnes pacsées a déposé une demande d'agrément. Le refus du Conseil général du Jura n'était pas basé sur des considérations juridiques, il devra donc le lui donner.

Mais sur le fond, que vous inspire cette décision ?

A titre personnel, je ne suis pas favorable à l'adoption d'enfants abandonnés, et j'insiste sur ces cas, par des couples homosexuels, dans l'intérêt des enfants. Je fais un distinguo entre les enfants abandonnés, et le cas où l'un des deux conjoints a déjà eu des enfants dans le cadre d'une relation hétérosexuelle. Ces enfants doivent pouvoir être adoptés par le nouveau conjoint dans le cadre d'un couple homosexuel si l'autre parent décède. En revanche, quand un enfant a déjà subi l'abandon, le déracinement, il est déjà stigmatisé par les autres. Si en plus on ajoute le regard porté sur deux papas ou deux mamans… Il faut penser aux difficultés que ça entraîne plus tard.

Vous êtes président de l'Agence française de l'adoption : quel sera le regard de l'agence sur ces dossiers ?

Si on fait appel à nous, le dossier sera traité de la même manière que n'importe qui : on ne regarde pas les mœurs. Mais certains pays, je pense à la Chine, et même si ce n'est pas dit officiellement, refusent de confier des enfants à des parents homosexuels.

Vous n'êtes pas opposé à ce qu'un couple homosexuel puisse avoir des enfants ?

Ça ne me choque pas. C'est un fait aujourd'hui : il y a déjà des couples homosexuels qui ont des enfants biologiques. C'est leur affaire : je ne veux pas rentrer dans la sphère privée.

Pensez-vous que le Parlement doive légiférer sur le sujet ?

Je n'y suis pas favorable, pas plus que je n'étais favorable au PACS. Je suis en phase avec le gouvernement. C'est la même chose pour le mariage homosexuel. La société doit-elle s'adapter aux mœurs des uns et des autres par une loi ? La société privilégie le mariage, et donne des allocations familiales parce que faire des enfants, cela concourt au développement de la société française.

Propos recueillis par

David Blanchard

Chinese culture embraced by Canadian adoptive family

Chinese culture embraced by Canadian adoptive family
(Xinhua)
Updated: 2009-11-17 10:25

Kyrgyzstan launches 194 proceedings on illegal child adoption

Kyrgyzstan launches 194 proceedings on illegal child adoption

18/11-2009 14:24, Bishkek – News Agency “24.kg”, By Ivan DONIS

At least 194 criminal proceedings on illegal child adoption have been launched in Kyrgyzstan, Elmurza Satybaldiev, Prosecutor General of the republic told journalists on Wednesday.

As of today, over 30 cases were reportedly opened in the country. As to Satybaldiev, only seven persons figures in the proceedings, while the cases were opened against notary offices, wardship agencies and some officials.

Speaking about child trafficking, the prosecutor general outlined, that no cases have been initiated on the article in Kyrgyzstan as of today.

Outcomes of DCSF meeting with China Center of Adoption Affairs

20 May 2009 – Outcomes of DCSF meeting with China Center of Adoption Affairs

DCSF officials met with the China Center of Adoption Affairs (CCAA) on 2 April 2009.

The meeting was positive, and valued by both the Department and the CCAA. As a result, we believe we are making progress in reaching agreement with the CCAA in a number of areas on the process of adopting from China for UK prospective adopters. These are set out below.

Waiting times for referrals and access to CCAA system on case progression

The CCAA confirmed the information held on their database that the waiting time for an application to be matched with a child is currently 36 months. The CCAA is aware that waiting times are a concern for prospective adopters in the UK but cannot predict whether or not this will change as the waiting time will depend on the numbers of prospective adopter applications in the system and the numbers of children available for adoption. The CCAA also confirmed that the number of domestic adoptions within China is rising.

DCSF meeting with the China Center for Adoption Affairs (CCAA) on 15 October 2009

12 November 2009 – DCSF meeting with the China Center for Adoption Affairs (CCAA) on 15 October 2009

Following a positive meeting with the CCAA in April 2009, the Department met the CCAA again on 15 October to continue to discuss a number of areas of work and outstanding issues.

Key issues:

  • The CCAA confirmed that the number of domestic adoptions in China is increasing. This is thanks to the country’s rapid economic growth and Government intervention with plans for the treatment and rehabilitation of children with special needs.

  • The CCAA confirmed that at present there are 30,000 families awaiting a match in China and, because of the decrease in the availability of healthy children, some of these families are transferring to the special needs system waiting list. It is unlikely that the waiting time for the main list will reduce.

  • The change to procedures on the timing of the issue of the 17(c) agreement came into force on 23 October. If your application is affected by this change, the casework team will explain this to you and your agency. It means that the 17(c) agreement can be issued before you travel to China to meet the child, but you should still continue to liaise with your agency when you have met the child, and confirm whether you wish to proceed with the adoption.

  • The CCAA confirmed that they recognise that occasionally a match is not satisfactory. If the prospective adopters decide not to go ahead with the adoption once they have met the child, they should notify their adoption agency immediately to notify the CCAA. The CCAA confirmed that in these circumstances they would usually put forward an alternative suitable match.

  • The CCAA has requested that post-placement reports are written and submitted by the social worker and not by the families, and that the reports have to comply with the standards set by the CCAA. For more details, please visit the CCAA website. DCSF is following up outstanding reports with agencies.

Children with special needs – new online system

Jane Aronson: The Guardian Angel

Jane Aronson: The Guardian Angel
 
She is a Woman of the Year because: “She has a heart the size of Texas and a drive like Tiger Woods, and she has made a huge difference to countless children and their families.” —Hugh Jackman, actor and longtime supporter of Worldwide Orphans Foundation
November 3, 2009
by Susan Dominus

Photographed by Brigitte Lacombe in Maplewood, New Jersey, surrounded by kids from families she has advised and supported through the adoption process; her sons, Ben and Des, are directly behind her.
More about Women of the Year 2009
Women of the Year 2009 [main]


The 2009 Woman of Your Year
Women of the Year Fund [main]
Michelle Obama: Your First Lady (Special Recognition)
VIDEO: Most Memorable Moments from the 2009 Glamour Women of the Year Awards
“What got to me most was the smell,” says pediatrician Jane Aronson of her years touring overseas orphanages in the nineties, “that terrible odor of filth and illness and neglect.” Once home, she couldn’t shake the sights she’d seen: famished, sore-covered babies in Romania; glassy-eyed AIDS-doomed kids in Vietnam. “I couldn’t take it anymore,” says Aronson. “There was no way I was going to continue practicing medicine without helping the kids left behind.” Her solution: Worldwide Orphans Foundation (WWO), which she started in 1997. Within a few years WWO was providing AIDS drugs for HIV positive children in Ethiopia and Vietnam—one of the first organizations of any type to do that; launching the “orphan rangers,” essentially a Peace Corps through which volunteers work in orphanages; and building a school in Ethiopia. Today Aronson is credited with bringing the plight of orphans and the importance of adoption to the world’s attention. “She shone a spotlight on what we should be doing,” says adoption expert Adam Pertman, head of the Evan B. Donaldson Adoption Institute. “A lot of people give lip service to wanting to make the world better for children. She actually does it.”
As an advocate, Aronson has improved the lives of 20,000 kids; as a doctor, she saves them one at a time. From her small Manhattan office, wallpapered with photos of smiling children, the jeans-clad pediatrician works with adopting parents—including celebs like Angelina Jolie and Brad Pitt—giving them the medical and emotional support they need to ensure that their new family can work. “Dr. Aronson gave us courage,” says Meg D’Ariano, who adopted a now perfectly healthy girl from China after being told the baby had insurmountable health problems. “She said, ‘Go get her.’” A parent to two adopted children, Aronson is determined to show the world’s orphans that she will always look out for them. She notes that she’s learned to say “see you soon” to the kids in six languages. “I never say goodbye.”

 


U.S. Adoption Agent Blasts Armenian Orphan Placement Plan

in English

U.S. Adoption Agent Blasts Armenian Orphan Placement Plan

19.01.2004
By Emil Danielyan
A U.S. middleman specializing in arranging adoptions of Armenian children has slammed as “ridiculous” the Armenian government’s plans to encourage local families to host and raise the orphans until they come of age.

The scheme, announced last week, is part of the government’s stated efforts to reduce the number of such children adopted by foreign nationals each year. Officials said they have already secured donor funding for the unprecedented scheme.

Writing in an Internet discussion group, Robin Sizemore of the U.S.-based Carolina Adoption Services (CAS), claims that orphans placed in a caretaker family would not necessarily be happier and might even be abused by caretaker parents.

“I am worried sick to think that a child would leave the institution and be placed in an unsuspecting and uneducated family,” Sizemore said in a message posted on the online forum Sunday. “Not only for the family, but most of all for the child that will never get the therapy needed and most likely become a victim of abuse and perhaps run away and become a child of the street.”

The planned arrangement, which requires corresponding amendments to Armenia’s laws on children’s rights and education, does not amount to a formal adoption of children. Caretaker families will simply be required to bring up orphans as their own children in return for a monthly financial compensation from the state. According to Deputy Minister of Labor and Social Affairs Ashot Yesayan, the government will pay at least 50,000 drams ($90) per child for food expenses alone.

Yesayan assured reporters last Thursday that families willing to take in children from state-run orphanages will undergo close scrutiny based on a dozen selection criteria to be set by his ministry. Those include the size of their income, the state of their “physical and mental health” as well as the opinion of their neighbors and colleagues, he said.

But Sizemore, who is in charge of CAS activities in Armenia and neighboring Georgia, warned: “One should not romance the idea that just a loving stable home will remedy any issue. This sets the child up for abuse in the foster home as the parents will not have the education, training, support or resources to deal with these issues.”

CAS is one of several private U.S. adoption agencies operating in Armenia either directly or through local agents familiar with a long list of Armenian officials in a position to affect the process. Other local facilitators work directly with adoptive parents in the U.S. and Europe.

There has been a steady increase in foreign adoptions in the country in recent years. According to official figures, at least 76 Armenian children were adopted by foreigners, most of them Americans of Armenian extraction, last year.

It is not known how many of them were taken abroad through CAS and other U.S. agencies. They typically charge their clients between $9,000 and $13,000 per child -- a suspiciously high figure given the much lower cost of official paperwork inside Armenia. An RFE/RL report suggested last year that a large part of the money is spent on bribes to local government officials.

The report led Social Affairs Minister Aghvan Vartanian, who took over shortly before its publication in June, to ask prosecutors to launch an official inquiry. Vartanian was also the main initiator of changes in the adoption rules approved by the Armenian government last month. They are primarily aimed at facilitating domestic adoptions.

Sources told RFE/RL that Vartanian’s ministry was pushing for much tougher rules that would exclude the middlemen from the process and subject foreign adoptive parents to stricter scrutiny. They said the proposals were not accepted by the cabinet of Prime Minister Andranik Markarian, which has the final say on every single foreign adoption in Armenia.

As things stand now, the foreigners face few requirements except having a minimum annual income of $24,000 each. They are not even personally interviewed by a government commission overseeing the process.

Government Approves More Curbs On Foreign Adoptions

in English

Government Approves More Curbs On Foreign Adoptions

05.02.2004
By Atom Markarian and Emil Danielyan
The government put forward Thursday additional restrictions on the controversial adoptions of Armenian children by foreigners which would force the latter to deal directly with relevant state bodies without any third-party involvement.

The provision is contained in a draft “family code” approved by ministers. If endorsed by parliament, it could further complicate foreign adoptions in Armenia, the integrity of which has been called into question over the past year.

“The bill bans intermediary activity in the area of adoptions, which was very commonplace until now,” Deputy Justice Minister Gevorg Malkhasian told reporters, describing the proposed change as “very important.”

Malkhasian said anyone who represents foreign nationals in the adoption of local orphans for financial or other motives will be liable for administrative and even criminal punishment. “This will be considered an illegal activity, and those who engage in it will be held accountable,” he said.

The move, which requires the parliament’s approval, is the latest in a series of government actions complicating the foreign adoptions which hit a record-high number of 76 last year. The toughening of the adoption rules began in late December with a government decision allowing foreign couples to have an Armenian orphan only after the state exhausts all possibilities of finding the latter local parents. And on January 15 the government approved a scheme offering local families financial incentives to take in and raise children from state-run orphanages until they come of age.

The foreigners, most of them U.S. citizens of Armenian descent, normally arrange the adoptions through local “facilitators” who either work independently or in conjunction with private American agencies. The facilitators reportedly charge between $9,000 and $13,000 per child -- a suspiciously high figure given the much lower cost of the entire paperwork inside Armenia.

An RFE/RL report last June suggested that a large part of the money may be spent on bribes to Armenian officials involved in the process. Social Affairs Minister Aghvan Vartanian asked state prosecutors at the time to look into the report, and it was his ministry that subsequently floated the idea of removing adoption intermediaries.

Malkhasian said the proposed family legislation would also mandate additional requirements to potential foreign adoptive parents and obligate the state to keep track of orphans already taken abroad. “Many people worry about what happens to children adopted abroad. After the passage of the code we will adopt rules and our diplomatic missions will be obliged to follow our children’s fate,” he said.

The code would amend rule for local adoptions as well, with the ultimate authority to approve or reject them to be transferred from local governments to the courts of justice. The central government, however, will continue to have a final say on foreign adoptions.

Government Approves More Rights For Armenian Orphans

in English

Government Approves More Rights For Armenian Orphans

05.08.2004
By Armen Zakarian
The Armenian government approved on Thursday a set of measures designed to give children living in state-run orphanages more rights and facilitate their future integration into the society.

The changes took the form of draft amendments to a law on the social security of children deprived of parental care. Officials said they will be discussed by parliament this fall.

“Children living in orphanages must be immune to any kind of violence, exploitation and sexual abuse,” Ashot Yesayan, the deputy minister of labor and social affairs, told a news briefing after a weekly cabinet meeting.

Yesayan specified that the amendments spell out 20 requirements that will have to be met by all orphanage administrations. He said those include giving the orphans the right to choose their clothes, make unrestricted phone calls to their friends and relatives and have some “pocket money.”

“Any child must have a certain sum at their disposal depending on their age,” he added.

The proposed changes are also meant to tackle the equally serious problem of those orphans who have nowhere to live, work or study after coming of age. Other officials from the Social Affairs Ministry have said that many of them have to stay in the orphanages for that reason.

Under one of the draft amendments to the law every homeless person who has left an orphanage since 1992 must be provided with free housing by the government. Yesayan put their number at 180, saying that 55 of them were given apartments in Yerevan and elsewhere in Armenia last year and 75 others will get them this year. The provision of housing will be complete by the end of 2005, he said.

The government decision comes after a major toughening earlier this year of official rules for the adoption of Armenian children by foreign nationals. In February ministers imposed additional restrictions on the practice in an apparent reaction to media reports suggesting widespread corruption among government officials handling the process.

In another move aimed reducing foreign adoptions which hit a record-high number of 76 in 2003, the government approved a scheme offering local families financial incentives to take in and raise orphans.

According to government figures, there are about 600 such children in Armenia -- a relatively low figure for a country of 3 million that has gone through dramatic political and social upheavals since the Soviet collapse. Anecdotal evidence suggests that many of them have at least one parent, usually a single mother, who is unable to support them.

Prosecutors Probe Reported Corruption In Armenian Child Adoptions

in English

Prosecutors Probe Reported Corruption In Armenian Child Adoptions

15.08.2003
By Emil Danielyan
State prosecutors are investigating a recent RFE/RL report which exposed apparent government corruption in the adoption of Armenian children by foreigners, it emerged on Friday.

The story, which appeared on the web site of the RFE/RL Armenian Service on June 23, suggested that the adoption procedures involve thousands of dollars in informal expenditures, apparently bribes paid by adoptive parents and their agents to Armenian officials administering the process.

An official in the prosecutor’s office told RFE/RL that Prosecutor-General Aram Tamazian has instructed his subordinates to look into the matter and report their findings to him. The official said the order followed a written request sent to Tamazian by Social Security Minister Aghvan Vartanian who was apparently alarmed by the report.

It is not yet known whether the preliminary inquiry will result in a criminal case. The prosecutors may question some government officials involved in the foreign adoptions.

The report in question is based on information collected by Ara Manoogian, an Armenian-American based in Nagorno-Karabakh. Posing as a U.S. woman interested in adopting an Armenian child, he has communicated by-email with Americans knowledgeable about the issue. Several of them told him that the entire process cost them between $9,000 and $13,000 per child and that most of the expenses were bribes paid to local officials. They all acted through Yerevan-based mediators.

A foreign adoption in Armenia typically takes between four and six months and requires a chain of positive decisions by several government bodies. The most important of them is a special government commission made up of high-ranking officials, including the ministers of justice, education, health and social security.

Its day-to-day affairs are managed by Aram Karapetian, a senior member of Prime Minister Andranik Markarian’s staff. Interviewed by RFE/RL in June, he strongly denied that any government official might have accepted kickbacks in return for facilitating foreign adoptions.

The final decision to allow a foreign national to adopt an Armenian orphan is given by the full cabinet of ministers. Officials say the government made about 30 such decisions in the first half of this year.