Updated 07 Oct. 2024 AT 1:26 PM

The black car slows down and stops in front of a low brick house.

The house's brown front doors are open, but Natalie Montaño (35) stays inside the car.

Right now, she is regretting the Facebook post she made three years ago. The post that has led her from Oslo to this house in Colombia.

The body feels numb. Disconnected, like a shell.

Social Committee 2023-24
SOU Alm. part Annex 290
Public
 

Families who spent years in limbo have had their hopes dashed, and some analysts fear disabled children may never get to enjoy family life

China’s abrupt decision to ban international adoptions last month appears to have crushed the dreams of hundreds of foreign families and possibly ended the last chance many Chinese children would have had of a family life.

“You’re losing a kid even though you didn’t give birth to them and you haven’t even met them,” said Kathy Rice, one of the affected would-be parents. “But they’ve been part of our family all this time and all of a sudden we’re losing them.”

Rice had been waiting for five years to adopt Ruby, a teenager with Down’s syndrome, and bring her home to Michigan.

For many Indian orphans, placement in the West is the only chance of a life with a family. But couples willing to adopt must sometimes wage a grueling battle against bureaucracy

© Andrea Schuhmacher
 

The one-year-old sits up in her crib with wide eyes. The girl is much too thin and too small for her age

Jegan shyly points to the crumpled photo in his brown hand. Then he whispers: "Dad, Mum." The man in the picture is holding a blonde woman in his arms. The little Indian's finger continues to wander across the paper: a laughing boy and a girl with cheeky braids are steering a white motorboat. Jegan looks questioningly out from under his jet-black fringe of hair. "Brother," Sister Paulina interjects: "Brother and Sister."

The six-year-old speaks Tamil, he can barely speak English and not at all in German. He could have learned his first words of Swabian months ago if it weren't for the bureaucratic hurdles: Monika and Ulrich Kippelt from Alfdorf in Stuttgart have been fighting to adopt the Indian orphan since September 2003. The story of Jegan and his new parents is a drama with great emotions, disappointments and hopes and an uncertain ending. It shows how difficult international adoptions are - and how important.

Last week, a study showed that the adoption of children from India between 1973 and 2002 was often without the consent of the biological parents. What does this mean to you?
Monika Pfaffinger: I am very concerned. Since I have been dealing with the topic for a long time, these study results are unfortunately no surprise. But the extent and regularity of the violations of the law, which the investigations of the individual files in particular have revealed, are shocking. This is all the more so because it is not only the practices in Switzerland that are riddled with such irregularities. The concept of irregularity is important to me.
About the person

Expert in family law
The legal scholar Monika Pfaffinger heads the expert group on international adoptions on behalf of the federal government. She has specialized in family and adoption law, among other things, and is a private lecturer at the University of Basel.
Why?
The legal framework that applied in the 1970s to the 1990s was different from today. The study on India found that the law was already being violated at the time. But there may now be aspects that are only illegal today. There were also practices that violated moral and ethical principles. In addition, the spectrum of actions worthy of criticism is very broad. All of this is covered by the term irregularity proposed by the expert group on international adoption.
As a result of the reporting on the study on India, an adoptive father got in touch. He has often been to India and is shocked by the conditions faced by children affected by poverty there. He referred to their extremely precarious living conditions and the possibility of leading a life in Switzerland through adoption. What do you say about that?
In the expert group, we talked for a long time about this narrative of a possibly better life. We came to the conclusion that the end does not justify the means. We must be able to guarantee in all cases that the children who are taken in here are not affected by child trafficking.
The adoptive father in question also said that the study results had given him sleepless nights. Although the authors prove that the authorities failed, their findings have aroused great fears in him that he himself had made a mistake. What advice do you have for families who are struggling with such tormenting questions?
I recommend that they seek support in this dispute. This was also addressed at the press conference. The state should guarantee and provide the necessary resources.
When asked the relevant question, however, the cantonal representatives appeared helpless. They were referred to the affected organizations or immediately given the floor.
The affected organization "Back to the Roots" has built up a great deal of expertise in the area of ​​tracing origins and supporting adopted children. However, it specializes in Sri Lanka and is mandated and financially equipped for this purpose. This is not enough. There are also responsible bodies in the cantons that can help with questions about international adoptions. However, I cannot judge how well prepared they are for this. Addressing the dark past must now be done as a priority, in a coordinated and timely manner.
How can it be ensured that illegal adoptions never happen again?
The expert group has only two options. Either Switzerland ends the practice of international adoptions or it needs far-reaching and comprehensive reforms. Until the appropriate measures are in place, a moratorium could come into effect. This is a well-known instrument. Only those adoption procedures that are very advanced could be completed. All others would be stopped.
What reforms do you consider essential?
There needs to be a well-founded selection of states with which Switzerland will cooperate in international adoptions in the future. There must be a relationship of trust with them and reliable evidence that everything is done in accordance with the rules. One possibility is that all countries of origin have signed the Hague Convention and the UN Convention on the Rights of the Child. This would already lead to a reduction in the number of possible cooperation states. In addition, the current law must be adapted in various areas - for example, the recognition of adoptions made abroad. Institutional responsibility must also be reconsidered. A central office at the federal level would make sense given the small number of international adoptions. Another issue is how financial flows can be better controlled and regulated.

How much security does the Hague Adoption Convention, which came into force in Switzerland in 2003, provide?

We don't know that for sure.

Zwischenbericht z. H. des Bundesamtes für Justiz   -  Interim report e.g. H. of the Federal Office of Justice

Public evening lecture by PD Dr. iur. Monika Pfaffinger
Tuesday 19 March 2024, 7:15 p.m. to 8:15 p.m., followed by an aperitif
Faculty of Law of the University of Basel, PRO IURE Auditorium, Peter Merian-Weg 8, CH-4002 Basel

Consequences for the Institute of International Adoption in the Light of the Irregularities Found – Findings and Recommendations of the Expert Group on International Adoption

In Switzerland, too, serious irregularities occurred in the context of international adoptions. This led to the establishment of the expert group on international adoption. The Federal Council and the Federal Office of Justice commissioned it to develop solutions, including legal reforms. One of the guiding principles was that unlawful practices must never be repeated. In her presentation, the chair of the expert group will provide an insight into the analyses and recommendations according to the interim report of March 28, 2023, published on December 8, 2023. The expert group considers the continuation of previous practices to be legally and morally impossible and is convinced that a fundamental change is required. What such a change could look like will be presented and discussed at the evening event.

Michael.HAGER@ec.europa.eu

Attachments

Mon, 15 Oct, 13:09

to me, Michael.HAGER

Dear Ms Post,

Vijayawada: The AP child rights commission has ordered immediate steps against illegal sale and adoption of children in the state.

Its chairperson Kesali Appa Rao issued the guidelines to the director of women development and child welfare department, Guntur, and also sought an inquiry in the matter.

Action has been initiated by the police and 16 children have been identified out of 60 children rescued from illegal adoption and selling, and they have been sent to Shishuvihar, Hyderabad.

Appa Rao said it was important to ensure the safety of the children through strict vigilance against their possible sale and purchase transactions across the state.

HYDERABAD: A tedious procedure and lengthy wait for adoption were blamed for the child trafficking racket that came to light recently. Many childless couples found themselves drawn into the racket operated by three women who targeted fertility centres and Child Welfare Committee (CWC) offices.

The accused women frequented the CWC office and fertility centres to lure the couples who were frustrated by the wait associated with legal adoption through the Central Adoption Resource Authority (CARA). The adoption process can take anywhere from two to eight years, driving some couples to seek faster alternatives, said a CWC member. Exploiting this frustration, the trio trapped and sold children to childless couples.

Legal adoption, while often lengthy and complex, is designed to ensure the safety and best interests of the children, said a police officer. Authorities urged couples to adhere to legal adoption methods despite the challenges.

The modus operandi of the three accused was to identify prospective parents at fertility centres and CWC offices and promise a quicker process in exchange for a ‘fee’. This illegal route not only bypassed legal safeguards but also posed risks to the children involved. Though the accused followed a foolproof method, the phone of one of the women, Shoba Rani, gave most of the details, said a police officer. She saved the parents’ phone numbers including the price they paid: ‘Rathnam@3L’.

According to the CWC, while many children are abandoned for various reasons, only 20% are registered with the CWC for adoption. The remaining 80% often endure abuse and trauma at home, exacerbated by factors such as low income and alcohol addiction. Raja Reddy, Medchal CWC chairperson, said that delays and complex procedures are inevitable as a thorough checking goes into the credentials of the adoptive couple to ensure a stable environment for the children.