ROMANIA: DEMARCHE CONCERNING PENDING INTERNATIONAL ADOPTION CASES (US)

29 April 2005

ROMANIA: DEMARCHE CONCERNING PENDING INTERNATIONAL ADOPTION CASES

Date:2005 April 29, 12:47 (Friday) Canonical ID:05BUCHAREST1062_a

Original Classification:CONFIDENTIAL Current Classification:CONFIDENTIAL

Handling Restrictions:-- Not Assigned -- Character Count:5742

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TAGS:CASC - Consular Affairs--Assistance to Citizens | EU - Europa Island | PGOV - Political Affairs--Government; Internal Governmental Affairs | PREL - Political Affairs--External Political Relations | RO - Romania | SOCI - Social Affairs--Social Conditions Concepts:-- Not Assigned --

Enclosure:-- Not Assigned -- Type:TE

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Office Action:-- N/A or Blank -- Archive Status:-- Not Assigned --

From:Romania Bucharest Markings:-- Not Assigned --

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Classified By: CHARGE D'AFFAIRES THOMAS DELARE FOR REASONS 1.4 B AND D

1. (C) Begin Summary: Recent conversations with the

President,s domestic affairs advisor and the State Secretary

for Adoption Affairs reveal substantial philosophical

opposition to international adoption and even concern about

alleged irregularities in the registration of such cases.

This is despite general acknowledgment of the pledge made by

President Basescu in the White House to find a solution to

the problem of so-called &pipeline cases.8 Romania is

currently engaged in a &protection plan8 that entails the

case review of every child abandoned in Romania, with the

expressed intent of reuniting such children with their birth

parents if possible, or with other Romanian families. Even if

not specifically targeting U.S. adoptive families, the

on-going program may drastically reduce the total number of

pipeline cases. End Summary.

2. (C) Charge called upon Presidential Domestic Affairs

Advisor Claudiu Saftoiu on April 23rd and raised reftel

points concerning pending international adoption cases.

Saftoiu readily acknowledged the commitment made by President

Basescu during his recent White House visit to seek

resolution of the so-called &pipeline cases8 and said he

will attempt to &work8 this category of adoptions. Charge

also warned that formal signature of Romania,s scheduled

entry into the EU on April 25 would mark the beginning of a

much more active campaign on our part to secure changes in

Romanian adoption law and practices. In a later conversation

that day, Saftoiu reported that he had briefed the President

on our demarche.

3. (C) Unfortunately, Saftoiu would not directly reply to

Charge's questions about implementation of the Child

Welfare/Adoption Law. Charge stressed that implementation

should not target prospective international adoption cases as

the government investigated whether birth parents or extended

families were now in a situation to take back children from

institutional care. Saftoiu responded that he had just been

briefed by Theodora Berti, State Secretary of the Romanian

Office for Adoption, who told him that many of the

international pipeline cases had been registered after the

2001 moratorium on international adoptions went into effect

were regarded as &corrupt8. Charge urged Saftoiu to seek

more concrete information on ostensible corruption so that we

might find a way forward without that damaging charge hanging

over the process.

4. (U) On April 26, the Consul General (CG) called on Berti

to inquire how the GOR planned to proceed on the adoption

question following the April 25 signing of the EU agreement,

and to follow up Charge,s conversation with Saftoiu.

5. (U) Berti stated that she had no evidence that corruption

per se was involved in the registration of any adoption

request by U.S. citizens. But she did aver that unspecified

irregularities may have been in play. Regarding the specific

&targeting8 of U.S. adoptive parents, she claimed that the

ROA is creating a &protection plan8 for every abandoned

child in Romania, not only for those matched with U.S.

families. That process will be completed in July, and will

include scrutiny for any evidence of corruption. After July,

the ROA will consider whether to recommend the GOR create an

international commission to assess "exceptional8 cases for

potential international adoption. Berti doubts that such a

commission would be needed, believing that there are domestic

solutions ) family reunification or domestic adoption ) for

all the children.

6. (U) Other foreign embassies have withdrawn many cases

pending international adoption since January 1, Berti said,

and have followed up with lists of cases of exceptional

humanitarian concern. CG declined to provide such a list of

U.S. cases, as our position is that child welfare experts

should determine the best interests of each child in a legal,

transparent process.

7. (SBU) Asked whether there was any hope that cases

registered during the moratorium could ever be processed for

international adoption, Berti responded that, at present,

Romanian law and the philosophy the GOR has adopted preclude

international adoption except by biological grandparents.

The ROA will try to resolve cases that were registered during

the moratorium if current law allows, for example by

recommending approval of Romanian residency for foreigners

seeking both to become residents and adopt Romanian children.

(Note: This same option was raised by Saftoiu with the

Charge, but the latter dismissed it as impractical and

missing the point. End Note.)

8. (SBU) COMMENT: Despite President Basescu's commitment for

positive action on the adoption issues, we see no movement by

the GOR towards processing the pending international adoption

cases to conclusion. Rather, the ROA has more explicitly

embraced opposition to international adoption, in part out of

philosophical conviction and, in part, owing to an admitted

fear of EU criticism. Assistant Secretary Maura Harty,s

upcoming May 10-11 visit to Bucharest will be an important

opportunity to emphasize to the GOR leadership the importance

the USG places on finding a legal, transparent method for

processing to conclusion international adoption cases

registered before the ban.

DELARE