France and irregular international adoptions: a necessary restorative justice

In the landscape of initiatives aimed at better understanding the history of international adoption and the many irregularities that have affected it, the " Historical study on illicit practices in international adoption in France was published on February 6, 2023. Carried out by Yves Denéchère, professor at the University of Angers and recognized specialist in the history of international adoption, and Fabio Macedo, doctor of history, the study, rather than analyzing in detail the adoptive practice between such and such countries at such and such a period (as did the Netherlands and Switzerland for example), produces a unique compilation of the available sources. The body of the document thus consists of a review of academic literature including a rich bibliography, and an annotated guide to sources – archives, audiovisual sources, press – likely to document illicit practices. The conclusions offer “ avenues for reflection to launch in-depth research on the subject or more simply to guide the analyzes".

This enormous work of researching sources draws a fascinating history as to the way in which information relating to abuses and bad practices have, since the 1970s, flowed between the countries of origin and France. Communications from diplomatic representations are particularly enlightening in this respect, pointing out precisely and sometimes insistently the problems noted by the diplomats in charge of issuing visas. Explicit press articles concerning trafficking are also listed as early as 1976.

In their analysis, the authors conclude: " Since the 1980s at least, and in particular major court cases and publicized in Peru or Brazil, all the structured actors of international adoption were aware of illicit practices perpetrated in the adoption international. They could not therefore be unaware of the risks of offenses relating to international adoption ” (p.137). And to add:It would have been necessary to be blind and deaf to what was said, shared, written, published. This position is even less defensible coming from people or associations claiming experience and expertise in international adoption, a rigorous choice of their partners and in-depth knowledge of the contexts and procedures of the countries of origin in which they work. . In doing so, they bear an undeniable share of responsibility for certain deviations ” (p.140).

Coincidentally, I have just finished Véronique Piaser-Moyen's testimonial book " My daughter, I didn't know ". The author first recounts the story of the adoption of her daughter in Sri Lanka in 1984, describing in detail those very special moments when candidates for adoption become adoptive parents. The second part of the book is devoted to uncovering the widespread abuses when Sri Lanka practiced large-scale intercountry adoption. This book is of real interest if you want to understand the origins of the difficult questions that cross international adoption today. By following these parents step by step, we realize how difficult, if not impossible, it would have been to question an administrative act or an incongruous request when picking up the child. Language, emotional stress, the staging of local actors and a certain underlying violence make any initiative, any questioning of the system, illusory. This powerlessness becomes devastating upon discovery of the abuse, leading to feelings of betrayal and guilt that are very difficult to overcome. It is repeated when the "fight for the truth" which then begins also becomes a source of stress, threats and disappointment, especially since Mrs. Piaser-Moyen, after her adoption, is involved in helping other French families wishing to adopt in Sri Lanka.

Putting the historical study and intimate testimony into perspective then questions the statement quoted above regarding the blindness of the actors and their respective responsibilities. For the researchers, the information was there, but hardly anyone paid it the necessary attention. For the Piaser-Moyen parents “ They [the French State] knew and they told us nothing ” making them “ accomplices in an irreparable crime ” (p.329).

Although the approach may seem difficult for some, and in particular for adoptees, the historical and international observation of this file leads me to think that the search for responsibilities is not the path to follow. As the Dutch report pointed out, intercountry adoption has always, and perhaps still often, been perceived as beneficial to the child anyway. This presumption has led the authorities to a laissez-faire policy, despite the fact that evidence of abuse and bad practices has been brought to their attention. This wait-and-see attitude has been fueled by various factors such as the wish to respond to the candidates' wishes for adoption (supported by public opinion and a certain establishmentnational), the desire to maintain good relations with the countries of origin, insufficient control of the activities of private intermediaries, etc. The study emphasizes: " But from when, from what act, can we consider that there is deviance in international adoption, that is to say an individual or collective behavior who deviates from the norm? This notion of deviance implies a certain relativism. What is deviant for one person or society is not necessarily so for another; what is considered as deviant at such a date may no longer be so at a later time; and vice versa: what is not perceived as deviant at a given moment may become so a few years later with regard to the evolution of the normative framework” (p.149).

In other words, the context, the matrix one might say, which prevailed at the time is so different from that of today that, in my opinion, it renders ineffective any search and any designation of those responsible. This does not mean that justice should not be rendered, on the contrary: the recognition of past errors is essential, and the provision of the means necessary for any form of reparation must intervene quickly, but only restorative justice is able to bring the necessary relief to everyone.

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