http://www.sltrib.com/ci_11700836
 
 
Adoption scandal has prompted only minor changes
Focus on Children » Defendants in the case likely to get probation.
By Pamela Manson
The Salt Lake Tribune

Salt Lake Tribune
Posted:02/14/2009 06:00:00 AM MST

A federal indictment accusing a Wellsville agency and its workers of tricking parents in Samoa into giving up their children marked a rare prosecution in the international adoption industry.
But the use of trickery, coercion or kidnapping in foreign countries to place children with American families is far from unusual, according to advocates with watchdog groups who say the Focus on Children case bolsters their calls for reform.
"There's no real consequences now," David Smolin, a law professor in Alabama and the parent of an internationally adopted child, said of agencies and adoption facilitators accused of wrongdoing.
To stem abuses, Smolin and others are pushing for national adoption laws to replace a patchwork of state laws; limiting the amount of money involved in the adoption of foreign children to prevent human trafficking; and making U.S. agencies responsible for the actions of their overseas contractors. They also want more prosecutions and harsher punishment for offenders.
Kimberly Kennedy, a board member of Parents for Ethical Adoption Reform (PEAR), is urging U.S. District Judge David Sam to impose significant sentences when defendants in the FOC case are sentenced later this month. Under plea deals, the U.S. Attorney's Office is recommending probation.
"What this agency did in Samoa will have long lasting effects for families and children," Kennedy, the California parent of internationally adopted children, wrote to the judge.
A 2007 federal indictment accused the defendants of coercing and tricking parents in Samoa into placing their children for adoption, then falsely claiming that the children were orphans. Five defendants have pleaded guilty to misdemeanor counts.
Barbara McArtney, an attorney in Grand Island, N.Y., who runs an accredited adoption agency and serves on PEAR's board, said prosecutions of U.S. adoption agencies are rare.
One of the few prosecutions similar to FOC's was the case of Lauryn Galindo, who was accused of falsifying immigration documents to make it appear that Cambodian children placed for adoption through her agency were abandoned.
In fact, prosecutors alleged, some of the children were bought from their parents for small amounts of money and Galindo, in turn, charged adoptive parents in the United States large fees. She pleaded guilty to several charges, including visa fraud and money laundering, and was sentenced in 2004 to 18 months in prison.
Many nations, including the United States, have signed on to the Hague Convention on International Adoptions, an agreement among the participants to follow certain procedures. However, enforcement can be difficult and some countries, such as Samoa, are not parties to the agreement.
"No one is watching on a federal level," said Joni Fixel, a Michigan lawyer who has represented prospective adoptive parents in lawsuits against adoption agencies. "We need another department in the Department of Homeland Security to make sure these types of cases don't happen. We don't want to become a haven for children being illegally adopted."
In addition, American adoption agencies are regulated by states. PEAR board member David Kruchkow said if a problem arises with an international adoption, states generally say they have no authority over the case.
That, in turn, leads to federal prosecutions for misdemeanor visa violations, said Kruchkow, a Florida high-school science teacher.
Kruchkow said he and his wife were victimized when they adopted a little girl from Mexico, a Hague Convention country, in the late 1990s. They later learned that a Mexican lawyer and two consultants in New York, where the Kruchkows lived at the time, had forged their daughter's paperwork.
Both McArtney and Smolin believe capping fees connected to adoptions could curb many problems. The amount paid to facilitators and lawyers overseas for identifying children for adoption and completing their country's paperwork can be multiple times the average annual income of the country, according to Smolin, who teaches at Samford University in Birmingham, Ala., and has written extensively about international adoption.
Smolin also proposes making American agencies legally responsible for the actions of their foreign partners, saying many U.S. placement agencies have a "see-no-evil, hear-no-evil" attitude toward how adoptees are obtained overseas.
Federal prosecutors charged two Samoan citizens who helped Focus on Children locate children for adoption -- Tagaloa Ieti and Julie Tuiletufuga -- but the government has so far been unable to extradite them.
The criminal case against FOC doesn't address the status of the Samoan children who were placed for adoption. However, Tom DiFilipo, president and CEO of the Joint Council on International Children's Services, an association of adoption and child advocacy groups in Alexandria, Va., said because the children are U.S. citizens, it is very unlikely they would be sent back to Samoa.
But they may be back in contact with their birth families. The plea agreements require the defendants to pay into a fund to facilitate communication between both sets of parents.
Smolin likes the idea. He and his wife, Desiree, adopted two adolescent girls from India whose birth mother, they later learned, had been told her children would be temporarily placed in a boarding school.
The couple were able to eventually track down the mother and take the girls to visit her. But keeping the girls in touch with their mother has been costly, Smolin said.
"If they get the (FOC) trust fund together, the children ought to go back a few weeks every year," he said.
pmanson@...
Lisa Rosetta contributed to this article.
The Focus on Children case
Five agency operators and employees will be sentenced on Feb. 19 and 25 for misdemeanor offenses involving the adoptions of Samoan children.
In January, Focus on Children principals Karen and Scott Banks; Dan Wakefield, who located Samoan children for adoption; and caseworkers Coleen Bartlett and Karalee Thornock pleaded guilty to counts of aiding and abetting the improper entry of an alien for putting false information on immigration forms.
Their plea agreements have a recommendation for probation, but U.S. District Judge David Sam could impose up to six months on each count and a $5,000 fine.
Focus on Children, which arranged adoptions of children from a number of foreign countries, ceased business in Utah in the summer 2007.
The prosecution halted all international adoptions in Samoa. Earlier this month, Attorney General Ming C. Leung Wai said overseas adoptions are allowed only if the application certifies the child does not have a family or suitable person to provide care and no other suitable arrangements can be made in Samoa.

News Release
http://craig.senate.gov/press/

INDIA  German nun replaces Sister Nirmala as Missionaries of Charity head

March 25, 2009  |  IE06922.1542  |  266 words     Text size 
KOLKATA, India (UCAN) -- The Missionaries of Charity, the congregation founded by Blessed Teresa of Kolkata, elected Sister Mary Prema as its new superior general on March 24.
 
Picture of Sister Mary Prema pinned on the notice board in the Archbishop's House in Kolkata
The German-born nun replaces Sister Nirmala Joshi, who was re-elected for a third time on March 13. Sister Nirmala has led the congregation since 1997, after taking over from its founder.
"It is now officially announced that Sister M. Prema is the new superior general," Sister Christie, the congregation's spokesperson, told UCA News late on March 24. The Missionaries of Charity (MC) sisters usually use only one name.
The election took place a day before the congregation's general chapter was scheduled to conclude. It began on Feb. 1.
Sources close to the congregation said the nuns had to have a second election as Sister Nirmala had requested to be relieved from such duties, citing ill health and a desire to live a contemplative life in the congregation.
Her appointment for a third term would have required papal approval since the congregation's constitution allows for only two six-year terms for this position.
Before the chapter began, Church circles in Kolkata had mentioned Sister Prema as one of the possible candidates to succeed Sister Nirmala.
A hundred and sixty-three electors, who are currently attending the chapter at a secluded location about 30 kilometers away from Kolkata, also elected Sister Joseph as the assistant superior general and first councilor. Other councilors are Sisters Joanna, Adriana and Joseph Maria.
The electors comprise 74 Indians, while the rest are from other countries.
 
 
http://www.ucanews.com/2009/03/25/german-nun-replaces-sister-nirmala-as-missionaries-of-charity-head/

Wednesday, February 4, 2009

Honored

Thank you, thank you, thank you Susan for honoring me with "The Lemonade Award"—a wonderful way to recognize someone who maintains a positive attitude, hence the little old lemonade stand.

I actually met Susan face-to-face EXACTLY a year ago. I was an avid reader of her blog "Our Adventures to Bring Home Baby Kaz" for a number of months. We were both busy paper chasing and I distinctly remember our dossiers hitting Kazakhstan within a day of each other. Susan has been such a big supporter of mine (and about 5 trillion other adoptive families) from day one. We had one big thing in common: both our husbands were over the 50-year mark (and I was fast approaching it myself) and at the time, there were a number of rumors circulating about a bill that was to be introduced to the Kazakh Parliament, limiting the cut-off age. While I was a Nervous Nelly, Susan remained as cool as a cucumber and talked me down from the ledge many times. (Happily, the bill sat in limbo land and we both adopted the cutest kids, Susan and Joe’s Leeza and our Garrett.) While in the waiting phase, Susan and the other Hot Kazakh Mamas of Tampa, FL (Suzanne, Shannon, Stephanie and Sandi) were hanging out together having too much fun. Well, I had enough of that, so I thought to myself, “Why not invite myself down?” So I wrote Suzanne, asking her if I changed my name to Seren (because everyone’s name started with an “s”), could I join them? Her “come on down” reply was all I needed to set the wheels in motion. And here are a couple of photos of us having a “pregnant” moment. From left to right: Susan, me, Kristin and Suzanne.Kristin and her husband Cary are in Kazakhstan right now bonding with two adorable sibling girls. Congrats Kristin!!!!!
Now back to the award: the rules are that you post the graphic, write a post that links back to the giver, and then pass it on to up to ten others. Leave a comment on the blogs that get the award, so they know what's happened.

I've made so many friends in blog-o-world that it made it REALLY hard to choose from, but when all is said and done, two families really stick out in my mind for this award:

Cheryl and Jack (Return to Uralsk) are an amazing couple with the biggest hearts. We met them and their tween daughter Hailee in Almaty. They were on their way to Uralsk to adopt an older girl, so Hailee could fulfill a dream of hers to become a big sister. Hailee was adopted nine years ago from Uralsk, so it was a home coming of sorts. Well, their story did not have a happy ending. After bonding with two other girls (after which both decided they couldn't leave Kaz), they found their daughter Vika. Unfortunately, her aunt blocked the adoption at the last minute and left them broken hearted (and empty handed). After much soul searching, they’ve opened their hearts again, but this time it’s Bulgaria that’s calling them. I pray their daughter is waiting there with an open heart and open arms. We're rooting for you, Cheryl and Jack.

The second “Lemonade Award” goes to Suzanne and Matt (Mission: Adoption) who are two of the most talented and gifted people on this planet. When I stayed with them last year in Tampa, I was totally blown away. Suzanne is quite an accomplished artist and her artwork is stunning. But, boy, can this woman sing. Unbelievable. Opera. Show tunes. You name it, she nails it. (She even auditioned for the Metropolitan Opera at one point.) Then there’s Matt. I believe he speaks four to five languages and plays even more instruments. At the time, he was learning to write in Cyrillic, so that he could compose his own court speech in Russian. But none of this compares to the heroics of their parenting skills. In May, they adopted two beautiful siblings, 5-year-old Alyona and 3-year-old Andrey—and let me tell you they’re making lemonade every day. In fact, they’ve got a warehouse full already. While the two A’s are adorable, they challenge them to no end (as many older institutionalized children will do), but they handle it with grace, creativity and a loving heart. Way to go Suzanne and Matt.

Lastly, I’m so thankful to have met so many amazing people during our adoption process. Your support means the world to me. I can hardly wait to see/meet many of you at Kazapalooza in June.

Posted by Karen at 3:33 PM

(Italian Embassy + Adoptionscentrum)
 
 
 
 
 
International Conference
 
Policies and Perspectives of the development of  Intercountry Adoptions in Bulgaria

19 March 2009, Sofia, Bulgaria
 
 
08.45 – 09.20         Registration (Royal III Hall, Sheraton Hotel)
 
09.20 – 09.30         Introduction
                                  Goals of the Conference. Introduction of participants
 
09.30 – 10.00         Opening of the Conference.
                                  Welcoming remarks by Mrs. Miglena Tacheva, Minister of Justice
                                  Welcoming remarks by H.E. Mr. Stefano Benazzo, Ambassador of Republic of Italy to Bulgaria
 
10.00 – 10.40         Summary of the latest developments in the area of intercountry adoptions       
                                  Mrs. Ilonka Raichinova, Deputy Minister of Justice and Chair of the Intercountry Adoptions Council 
 
10.40 – 11.10         Children deprived of parental care and their upbringing in specialized institutions
                                  Mrs. Stefka Djankova MD, Director of Home for Medical and Social Care of Children in the town of Varna
                                  Mrs. Evgenia Georgieva MD, Director of Home for Medical and Social Care of Children in the town of Dobrich
         
11.10 – 11.30         Coffee-break (Royal I + II Hall, Sheraton Hotel)
 
11.30 – 11.50         The Ministry of Justice and Bulgarian Accredited Adoption Organizations. Unity, partnership and team work in the intercountry adoption procedures.
                             Mr. Nikolai Elenkov, Chair of the Management Board of    Association of the Accredited Adoption Organizations
 
11.50 – 12.20           The new Family Code – pros and cons and amendments, governing intercountry adoptions
                    Prof. Tzanka Tzankova, LL.D., A.M. 
 
12.20 – 12.40         Legislative Practice and Intercountry Adoption Procedure
                    Judge Maria Georgieva, Sofia City Court
 
 
12.40 – 13.00         Priority procedures for adoption of special needs children. Registration process for special needs children at the Ministry of Justice. New opportunities. Necessity of receiving additional and updated information
Mrs. Milena Kuzeva, member of the Association of the Accredited Adoption Organizations
 
13.00 – 13.30           Foreign experience in adoption of special needs children
Mr. Nils  Karlström, Aadoptionscentrum – Swedish Accredited Organization
 
13.30 – 15.00           Lunch  (Royal II Hall, Sheraton Hotel)
 
15.00– 16.00            Discussion on intercountry adoption matters between the foreign Accredited Organizations and the Bulgarian Central Authority
 
16.00 – 18.00         Discussion on intercountry adoption matters between the foreign Central Authorities and the Bulgarian Central Authority
 
18.00              Official Closing of the Conference
 
18.30           Cocktail (Royal I + II Hall, Sheraton Hotel)
 
http://admin.vestaadoption.org/media/website/469l7Ydece167ad70df1c0fac8ea874d67cd55.doc

 
Russia, U.S. discuss treaty on child adoption
19:31|07/ 04/ 2009

MOSCOW, April 7 (RIA Novosti) - Russia's Science and Education Ministry is in talks with the United States on a bilateral treaty to specify the responsibilities of U.S. parents who adopt Russian children, the minister said on Tuesday.
The treaty, if signed, would oblige U.S. parents to show more responsibility when raising adopted Russian children. Russia has already concluded a similar treaty with Italy.
"The United States has for the first time shown its interest by requesting documents on this bilateral treaty," Andrei Fursenko said. "They are ready to study it."
The lower house of parliament, the State Duma, has asked Prime Minister Vladimir Putin to speed up the process of concluding bilateral international treaties on child adoption following the death of 18-month-old Dima Yakovlev, who was adopted by a U.S. couple.
The boy died on July 8, 2008, when his adoptive father, Miles Harrison, left the boy shut in his car for nine hours during 50-degree Celsius (122-degree Fahrenheit) heat.
The minister also said that Russia should as soon as possible ratify the Hague Adoption Convention, which it signed on September 7, 2000.
"We think that the convention should be ratified - it poses no threat to our children, on the contrary, it defends their rights to a greater extent," Fursenko said.

Israeli patient: We'll sue Romania for damages

Israeli woman accuses Romanian police of brutal treatment during raid on Bucharest fertility clinic, says investigators stole money, valuables from Israeli detainees before releasing them. Israeli consul general: We're handling case. Romanian doctors' association slam Israeli colleagues, saying they are comparable to doctors at Auschwitz
Daniel EdelsonPublished: 07.21.09, 13:30 / Israel News

Yarden (not her real name) was being treated at the Sabyc fertility clinic in Bucharest when the Romanian police raided the place, arrested the Israeli doctors who run it and held dozens of doctors and patients for questioning.
 
In a conversation with Ynet Tuesday, Yarden, 44, said that not only were she and the other patients humiliated by the local police, but money and valuables were also stolen from them at the police station. They now plan to sue Romania for damages.
 
According to Yarden, "They opened up bags and took everything that was inside, whether money or mobile phones. Some people lost 4,000-5,000 euro." She said that she wrote to the Israeli Foreign Ministry and the Consulate General in Romania, asking for help with getting the money back, but hasn't heard from anyone.

 
Yarden also complained about what she described as the Romanian police's "brutal treatment," that included "beating, shoving, cursing and threats." Police investigators, she said, made her and the other Israelis sign forms in Romanian without the presence of a lawyer.
 
"We demanded to call the consulate, but they refused. They said people who refuse to sign the forms will have to stay here for two weeks," she recounted.
 
Israeli Consul General in Romania Lily Ben Harush told Ynet she intends to meet with all those who were arrested and look into the allegations. "We will talk to the local authorities and try and establish what happened with the money and phones… if it turns out that illegal acts took place, we will act
accordingly," she promised.
 
Yarden also accused the health authorities in Israel of getting the patients involved in the affair. "We went there because the State sent us and because there aren't enough eggs in Israel. We didn't know we were doing something illegal," she stated.
 
Deputy Health Minister Yakov Litzman said Tuesday Israeli health services will be investigated for any involvement in the Romanian egg trafficking affair.
 
However, Litzman stressed that his office has full faith in Israel's sick funds.
 
'Comparable to Auschwitz'
Meanwhile, the Romanian doctors' association is accusing the Israeli doctors involved in the human egg trafficking affair of endangering dozens of Romanian women in order to harvest and sell their eggs, according to a report Tuesday in the Romanian daily newspaper Evenimentul Zilei.
 
Head of the doctors' association, Colegiul Medicilor, Dr. Vasile Astarastoae made grave accusations against his Israeli colleagues and those running the Sabyc clinic where the allegedly illegal embryo implantations took place.
 
"The doctors from this clinic are comparable to doctors from Auschwitz," said Astarastoae. "They used misfortunate people, sold their organs for money, and showed complete contempt for humanity. Why didn't they have the courage to do this in Israel?"
 
The newspaper reported that investigators claim the clinic's doctors swindled their clients, most of whom are Israeli and German. According to them, the clients sought "blond intelligent" twins, and instead were implanted with eggs taken from poor young girls, most of then Gypsies, in exchange for money.
 
Women also to be indicted
Head of the National Agency for Transplants Dr. Victor Zota said to the newspaper that he authorized the clinic, mentioning that the go ahead for performing implantations was issued only last week. 

According to him, he was unaware of any illegal activities taking place at the Sabyc clinic. "Nothing aroused suspicion that they were harvesting eggs and paying for them. I believe that 15 to 20 women were gathered in the middle of the night, when they performed the procedures. They apparently called families from abroad for fertility treatments. It was a real industry," he said.
 
Legal authorities in Romania claim they have been investigating the case for about three months following a complaint issued by a young couple. Police investigators said to the newspaper, "Three Romanian doctors are being implicated in the affair, and hundreds of women will also be indicted for selling their own eggs."
 
Attila Somfalvi and Meital Yasur-Beit Or contributed to the report
 
http://www.ynetnews.com/articles/0,7340,L-3749895,00.html