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Een Marokkaanse Kafala is niet gelijk te stellen met een adoptie naar Nederlands recht en kan dus niet als zodanig erkend worden

Dossier 192066/FA RK 05-1255
LJN AU8343
Rechtbank Rechtbank Utrecht
Datum uitspraak 05-10-2005

Samenvatting
Een Marokkaanse Kafala is niet gelijk te stellen met een adoptie naar Nederlands recht en kan dus niet als zodanig erkend worden.


Uitspraak


Rechtbank Utrecht



BESCHIKKING


van de meervoudige kamer voor de behandeling van burgerlijke zaken in de zaak van:


[verzoekster],

hierna te noemen: verzoekster,

en

[verzoeker],

hierna te noemen: verzoeker,

echtelieden,

beiden wonende te Utrecht,

verzoekers,

procureur: mr. J.M. Walther,


- b e t r e f f e n d e -

[naam kind],

wonende in Marokko,

hierna te noemen: [naam kind].





1. Verloop van de procedure


Verzoekster heeft op 10 maart 2005 een verzoekschrift ingediend, strekkende tot erkenning van de Marokkaanse adoptie van [naam kind].


Nadien heeft zij nog enige stukken overgelegd.


De zaak is behandeld ter terechtzitting van de meervoudige kamer van 7 september 2005.



2. Vaststaande feiten


- Verzoekers zijn op 24 november 1989 te Nador, Marokko, met elkaar gehuwd. Uit hun huwelijk zijn twee kinderen geboren: een zoontje [naam zoon], op 1 december 1994, en een dochtertje [naam dochter], op 17 maart 1997.

- Verzoekster is geboren te (Duwar Ibouhitaachene) Beni Said, Marokko, op 5 juni 1968. Haar vader was de heer [naam vader] (in de stukken ook: [naam vader] of [naam vader]), geboren in 1943 (in de stukken ook: 1934), hierna te noemen: de vader.

- De vader is nadien hertrouwd met [naam echtgenote], geboren op 5 maart 1960. Uit dit huwelijk is [naam kind] geboren, op 11 mei 1993 te Duwar Ibouhitaachene Ait Mait Beni Said, Marokko. [naam kind] is derhalve het halfbroertje van verzoekster.

- [naam kind] is wees. Zijn vader is overleden te Duwar Ibouhitaachane Ait-Mait Beni-Said, Marokko, op 8 september 1992, derhalve nog voor de geboorte van [naam kind]. Zijn moeder is overleden te Beni Said op 3 juni 2002.

- [Naam kind] woont thans in Marokko bij een oom, [naam oom] of [(oom)], geboren in 1941.

- Verzoekster heeft de Nederlandse en de Marokkaanse nationaliteit. Verzoeker heeft de Nederlandse en kennelijk ook de Marokkaanse nationaliteit. [naam kind] heeft de Marokkaanse nationaliteit.

- Bij ?Acte de Kafala? van 1 augustus 2003 (gelegaliseerd door de president van de rechtbank van eerste aanleg te Nador op 4 augustus 2003), waarvan een Franse vertaling is overgelegd en tevens een Nederlandse vertaling uit het Frans, heeft de oom [naam oom], handelend als ?datieve voogd? van [naam kind], de zorg voor [naam kind] overgedragen aan verzoekers. De meest relevante gedeelten van de ?acte de kafala? luiden als volgt (in de Nederlandse vertaling):

?(?) De heer [naam oom] (?) , die handelt in zijn hoedanigheid van datieve voogd van het kind [naam kind] (?), heeft verklaard dat hij het voornoemde kind genoemd [naam kind] (?) overgedragen heeft aan de zus van de eerste genoemde, mevrouw [verzoekster] (?) en aan haar echtgenoot de heer [verzoeker] (?), zodat ze de zorg voor hem op hen nemen en zodat ze in al zijn dagelijkse levensbehoeften voorzien, te weten, voeding, kleding, huisvesting, scholing, medische zorg enz. ? en zodat ze hem mee op reis nemen zowel in het binnenland als naar het buitenland. (?)?



3. Beoordeling van het verzochte


3.1

Verzoekster heeft gevraagd voor recht te verklaren dat de naar het recht van Marokko door de President van het Tribunaal van Eerste Aanleg te Nador op 4 augustus 2003 uitgesproken adoptie van [naam kind] door verzoekers rechtswerking binnen het Nederlandse recht toekomt, met alle wettelijke rechtsgevolgen van dien. Zij heeft zich daarvoor beroepen op artikel 6 en verder van de Wet Conflictenrecht Adopties (WCA).


3.2

Ter terechtzitting heeft mr. Walther verklaard dat hij het verzoek heeft willen indienen namens beide verzoekers, dat ook de echtgenoot als verzoeker wil worden aangemerkt en dat hij zich ook namens deze als procureur wenst te stellen. De rechtbank ziet in het onderhavige geval geen overwegende bezwaren tegen inwilliging van deze wens, zodat de zaak verder behandeld zal worden alsof het verzoekschrift vanaf het begin namens verzoekster en haar echtgenoot was ingediend. De naam van verzoeker is daarom ook in de kop van deze beschikking opgenomen. De procureur heeft tevens verklaard dat verzoeker geen behoefte heeft om nader te worden gehoord.


3.3

Verzoekers vragen erkenning van een adoptie uitgesproken door ?de President van het Tribunaal van Eerste Aanleg te Nador op 4 augustus 2003?. Een uitspraak van deze President is niet overgelegd. Onderaan de overgelegde vertaling van de ?acte de kafala? echter wordt, onder de handtekeningen van de getuigen-notarissen en de tekst van de bekrachtiging door de legalisatierechter te Nador, onder het kopje ?Legalisaties? vermeld: ?Gezien door de president van de rechtbank van eerste aanleg te Nador op 04-08-2003?. De rechtbank begrijpt het verzoek dan ook als een verzoek tot erkenning van de aldus gelegaliseerde ?kafala?.


3.4

Bij de beoordeling van dat verzoek stelt de rechtbank voorop dat ingevolge artikel 10 WCA deze wet niet van toepassing is op een adoptie tot stand gekomen buiten Nederland in 2003, terwijl ook de door deze Wet (in samenhang met de Wet opneming buitenlandse pleegkinderen ter adoptie) voorgeschreven beginseltoestemming van de Minister van .Justitie niet is overgelegd.


3.5

Alvorens in te gaan op de vraag of er gronden bestaan aan deze beletselen voorbij te gaan en op andere gronden tot erkenning over te gaan, zal de rechtbank eerst ingaan op de vraag of deze ?kafala? beschouwd kan worden als een adoptiebeslissing. Verzoekers hebben dat bepleit en daarvoor verwezen naar de uitspraak van de rechtbank Rotterdam van 30 augustus 1999 (NIPR 2000 nr. 19), waarin volgens hen een ?acte de kafala? als een Marokkaanse adoptiebeslissing is aangemerkt.

De rechtbank merkt op dat de zaak die aan de rechtbank Rotterdam was voorgelegd in essentiële opzichten afweek van de onderhavige en daarmee niet op één lijn valt te stellen. De rechtbank zal deze zaak derhalve afzonderlijk dienen te beoordelen.


3.6

Bij die beoordeling stelt de rechtbank het volgende voorop. De strekking van een adoptie is dat zij familierechtelijke betrekkingen tot stand brengt tussen het kind en de adoptanten en wel zo, dat het te adopteren kind door de adoptie in alle opzichten (ook erfrechtelijk) wordt gelijkgesteld met een eigen kind van de adoptanten. De adoptie brengt derhalve wijziging in de afstammingsrelaties van het kind: de verzoekers worden de vader en de moeder van het kind. Een in het buitenland uitgesproken, zogenaamde ?zwakke? adoptie, die de banden met de oorspronkelijke ouders niet geheel doorsnijdt, kan naar Nederlands recht in beginsel wel in aanmerking komen voor erkenning als zodanig; een rechtshandeling echter die in het geheel niet strekt tot wijziging van de afstammingsrelatie is niet meer als adoptie te beschouwen.


3.7

In de thans overgelegde vertaling is de term ?acte de kafala? vertaald als: ?Akte omtrent de zorg voor iemand op zich nemen?. Ook uit de bewoordingen van de akte blijkt dat de ?kafala? kennelijk de strekking heeft van een zorgvoorziening of een voorziening in het gezag, die als zodanig mogelijk voor erkenning in aanmerking zou kunnen komen, hetgeen evenwel niet is verzocht. De strekking van een adoptie valt in deze ?acte de kafala? niet te lezen. Dit strookt ook met artikel 149 van het Marokkaanse wetboek van familierecht, de Mudawwana, waar is bepaald:


?Art. 149 - Adoptie is nietig, en daaruit vloeit geen van de rechtsgevolgen van de wettige verwantschap voort.

- De gedeeltelijke adoptie, ofwel de aanwijzing van het kind als erfgenaam is geen vaststelling van de afstamming. Hierop zijn de bepalingen inzake testament van toepassing.? (Nederlandse vertaling van M.S. Berger)


3.8

Uit het bovenstaande, met name de bewoordingen van de acte en de eerste volzin van artikel 149 Mudawwana, moet worden afgeleid dat de ?kafala? niet gelijkgesteld kan worden met een adoptie. Verzoekers hebben hun standpunt dat zulks wel zou kunnen onvoldoende aannemelijk gemaakt. De rechtbank is dan ook van oordeel dat de kafala als adoptie niet erkend kan worden, zodat het verzoek dient te worden afgewezen.



4. Beslissing


De rechtbank wijst af het verzoek tot erkenning als adoptie van de Marokkaanse ?acte de kafala? van 1 augustus 2003.




Deze beschikking is gegeven door mr. J.F. Dekking, kinderrechter, voorzitter van de meervoudige kamer, en mrs. H.A. Gerritse en A.P.A. Bisscheroux, kinderrechters, leden van de meervoudige kamer, in tegenwoordigheid van mr. N.I. Ganzevoort, griffier, en uitgesproken ter openbare terechtzitting van 5 oktober 2005.



w.g. griffier w.g. rechter


Dit document is afkomstig uit het attenderingsdeel van jongbloedonline.nl en bevat gratis informatie.
 

Madonna allowed to adopt second child

Madonna allowed to adopt second child
Malawi's Supreme Court rules singer an adopt 3-year-old girl in light of her charitable donations

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Geoffrey York

Johannesburg — From Saturday's Globe and Mail, Saturday, Jun. 13, 2009 04:12AM EDT

For anyone who wants to adopt a child in Malawi without the legally required 18 months of residency, here is a tip from pop star Madonna: donate money to orphanages to expedite the process.

Madonna's financial contributions to Malawian orphanages have persuaded a court to declare her a “resident” of the country, allowing her to adopt another African child, but sparking accusations that her wealth is buying her an exemption from the law.

The pop star was ecstatic at the ruling by Malawi's highest court Friday, but Malawian rights groups are worried the ruling could open the floodgates to foreign adoptions from their AIDS-ravaged country.

The court ruled that Madonna could be considered a “resident” of the country because of her charity work in Malawian orphanages, allowing her to bypass – for a second time – the normal requirement that she live in the country for 18 months before adopting a child.

The ruling sets the stage for the celebrity singer to adopt 3-year-old Chifundo “Mercy” James, whose mother is dead, but whose biological father has claimed the right to keep her. “I am ecstatic,” Madonna said in a statement from New York Friday. “My family and I look forward to sharing our lives with her.”

The three-judge panel said the court must consider Madonna's financial support for orphanages in Malawi when interpreting the residency rule. “In this global village, a man can have more than one place at which he resides,” said Chief Justice Lovemore Munlo, reading the court's decision.

“In this case, Madonna was in Malawi not by chance, but by intention. She is looking after several orphans whose welfare depends on her. She can therefore not be described as a sojourner.”

For three-year-old Chifundo, the only options were the potential “destitution” of an orphanage or the love of Madonna, the judge said. He also pointed to the pop star's “latest income tax returns” as proof of her “financial stability.”

Undule Mwakasungura, chairman of the Human Rights Consultative Committee, a coalition of Malawian groups that opposed the Madonna adoptions, said he was surprised and disappointed the court allowed Madonna to be considered a resident of Malawi.

“It means that anyone can come here tomorrow and give money to an orphanage and then say that they want two or three children from that orphanage,” he said.

“As long as you're supporting some projects in Malawi, even if you're not a resident, you'll be entitled to any child that you want. As long as you have money, you can bypass the rules, and that's what Madonna has done.”

Africa is already one of the fastest-growing sources of international adoptions by Canadians. The latest Madonna saga is likely to stimulate more interest in Africa by prospective parents in Canada, experts say.

“Next week, we will probably get a number of calls from people wondering whether they can do this,” said Roberta Galbraith, executive director of a Manitoba-based adoption agency, Canadian Advocate for the Adoption of Children.

Her agency has helped many Canadians adopt children from Ethiopia, where film star Angelina Jolie adopted a daughter in 2005. The latest statistics show that Ethiopia has become the second-biggest foreign source of adoptions by Canadians, behind China.

“There's a celebrity factor associated with Africa, and I don't think that's necessarily good,” Ms. Galbraith said. “Before Angelina Jolie and Madonna, did anyone think of those countries? Some people even have the mentality of going in to ‘rescue' children. We have to be really careful with that. You have to think of the child.”

Because of the AIDS epidemic, an estimated 560,000 children in Malawi have lost at least one of their parents. But many Malawians object to the notion that these children would benefit if they were sent abroad to wealthier parents, far from their home culture. If poverty is the justification for adoption, almost the entire country could be adopted, they say.

Madonna, who adopted 13-month-old David Banda from Malawi in 2006, lost a lower court ruling in April when she first tried to adopt Chifundo. But she appealed to the country's highest court and Friday won the appeal.

Chifundo's biological father, James Kabewa, was unhappy with the ruling. “No one wants to listen to me,” he told the Reuter news agency. “I have protested this all along…. I want my child back, but I don't know what to do now.”

Maxwell Matewere, executive director of a children's rights group called Eye of the Child, said he was disturbed by the court's ruling. There was no evidence that the government had looked for local families who might be willing to adopt Chifundo, and the court had failed to consider this point, he said.

“They should be able to show that adoption is the last resort,” he said. “Exporting these children is not the best solution.”

The court ruling will discourage local families from adopting, while making it easier for foreigners to adopt Malawi's children, Mr. Matewere said. “Orphanages could look at it as a business, and it could encourage child-trafficking. The demand could be very high. There could be a process of auctioneering.”

Child's Rights Act: The cure for trafficking

Child's Rights Act: The cure for trafficking
THE Child's Rights Act, which was passed into law in 2003 and adopted by 23 states including the Federal Capital Territory (FCT), is yet to create the impact for which it was intended.
Child trafficking is still going on unabated with its attendant negative influence on children. Child abuse and child labour, street -begging, early marriage of the girl-child and widespread rape of children, are still the order of the day, despite the Act.
Why have some states refused to adopt the Act and why is it that in some states where the Act is adopted, it is not effectively enforced. Institutions are not built to consolidate the enforceability of the law.
In this interview granted by the National Co-ordinator of Legal Defence and Assistance Project (LEDAP), a non-governmental organisation, an expert in Family Law, Mr. Chino Obiagwu, gave reasons why the Act was yet to create the desired impact to protect children in Nigeria and what should be done to strengthen it to achieve the objective.
He spoke to THE GUARDIAN'S IBE UWALEKE and BLESSING EGHAGHA. Excerpts.
WHY has the Child's Right Act not been adopted by all the states of the federation?
The Child's Rights Act 2003 was adopted with the intention of domesticating the convention on the rights of the child. The legislation made a very wide provision for certain rights of children. They border on children justice and family. It falls under Concurrent List. The National Assembly cannot make laws that are binding on states on those issues. Therefore, the Child's Rights Act enacted by the National Assembly is only application in the Federal Capital Territory and with respect to capital offences.
It is the responsibility of the State Houses of Assembly in compliance with Section 12 of the constitution to adopt and make their own state laws. It is unfortunate that the process has been very slow and in some cases, very controversial.
Last week, Cross River State became the 23rd state to adopt the Child's Rights Law. So, we are making progress.
Other states in the core North, particularly Kano State, are resisting the law. Jigawa has adopted it despite the fact it has a Sharia civil law in place. There is a pass mark in the area of adoption of the Child's Rights Act. So now, what is left is: to what extent are those Child's Rights laws being passed by the states implemented.
I can tell you with all sense of responsibility, that very few states, particularly Lagos State and the FCT, are making efforts to set up what is truly a Family Court and children rehabilitation centres as required by the law.
You said there are some critical areas in the Act, can you expatiate more on that?
The first is the issue of age of the child. The Act provides that a child is somebody under the age of 18.
In some states, that is a problem because it affects the minimum age of marriage. If you say no child shall be given out in marriage, it means that a child below the age of 18 should not be given out in marriage. Some states are agitating that it should be reduced to 16.
Then, who is an adolescent? At what age can one say someone is an adolescent?
Well, 18 naturally. But remember that maturity as defined changes from context to context. The age of maturity in Constitutional Law is 18. That is the age you can aspire for political office. But in respect to Criminal Law, it is different.
In Criminal Law, it is 17. That is when you become criminally liable. In Family Law, it is different. Age of consent is different and the minimum age of marriage changes.
What is the age of maturity in Family Law?
It is still very controversial in Nigeria because the family law from one state to another changes. In some states there is no fixed minimum age of marriage.
Does this have to do with the culture of a particular tribe or does it depend on ethnic consideration?
It has to do with the culture of some tribes and the conflict of laws in Nigeria. We have three sources of laws in Nigeria that are in practice today. The customary laws, the sharia law and the common law. It depends on which law you are contracting a marriage. If you are contracting a marriage under the common law, the minimum age of marriage, which is 16, under common law, has applied. If you are contracting a marriage under customary law, the rules of that custom of the people apply, so the same with sharia. That is why in some places, children of 12 or 13 are married. But if you do that under the Marriage Act, it is invalid because it doesn't meet the requirement of common law. That's what the Child's Rights Act wants to put to rest. The Act wants to set the minimum age of marriage so that it would be universal, because a 12-year-old in Lagos State has the same biological features as a 12-year-old in Kano.
Now, the controversy concerning this minimum age of marriage, for obvious reasons, is defeating that purpose.
What is the seal in that Act?
Eighteen years. But under the United Nations Convention on the rights of the child, a child is anyone below the age of 18.
Now, what some states have done is to use that age and some are saying we are not going to touch that document at all, because it is going to affect some of those people that are betrothed.
So, it is not just political but this also creates a huge stumbling block in protecting the rights of children in this country. If you give out a child of 12 in marriage under the purist tradition, it is not for you to consummate the marriage, but to bring up that child to an age when she is biologically prepared for child-bearing. But those days when you do that, the man simply puts the child in the family way and she is not biologically prepared for child-bearing and that results in the rupture of her uterus that gives rise to Vesico-Vagina Fistula (VVF) and other complications. So there is the need in standardising the age of marriage.
Why is it that some states in the North particularly Kano are resisting the adoption of this Act?
I have listened to so many state officials whose states that are yet to adopt this argue that the reason is that there was no consultation between the National Assembly and these states' authorities, before the decision was made.
Secondly, the Federal Government, the National Assembly cannot make laws for the states. The argument is that making a uniform rule to apply nationally is contrary to the principles of federalism. So, they are using federalism as a defence. That is the main reason. But nobody talks about other political undertones. For instance, the pressure not to adopt some of those provisions. The minimum age of marriage is one; the second is the issue of being the child. Child's Rights Act has given children some level of rights and they are feeling that it would make parents lose control of their wards. So, they say the law is too liberal. But children have some rights.
Can you mention a few of these rights?
The children have a right to a choice of career; they have a right to determine their own future, affecting their own psychological upbringing and their lives. The rights define what is the paramount interest of the child. What is in their own best interest? Every child knows what he wants. It is simply the duty of the parents to guide the child to make the right decision and provide the moral guidance. That is not to say they should not moderate their child's decision.
Recently, a 14-year- old boy was sentenced to death for murder. He is to be kept in prison until he reaches the age when he would be executed. Is it right?
It is not right. The law says unless a child reaches a certain age, that is 17, he cannot be criminally liable. He cannot be criminally liable like an adult. He can only be charged under the Juvenile Criminal Justice System, which the Child's Rights Law regulates or the children and young persons' law. If a child was under the age of 17 as at the time of committing the offence, then he cannot be sentenced to death. But if he had attained 17 at the time of trial, the question is: what was the age at the time of committing the offence. If a child is 14, and commits an offence, you cannot sentence him to death because the law says you cannot. He can only be tried under a juvenile system and getting him to confinement. Under our law, children, pregnant women, people who are insane, cannot be sentenced to death. They can only be kept at the pleasure of the government. Sometimes, you have this conflict in situation where children participate in violent crimes like where children under 17 are gun- carrying criminals.
In this situation, you will find out the reason they go into crime. The essence of juvenile justice is to reform and rehabilitate a child. You just can't sentence a child to death like that court did in Imo State. You have to reform him and bring him back to the society.
But recently, an 11- year- old boy was burnt alive in Surulere area of Lagos State. With that kind of reaction from that mob, don't you think this is another provision of the law that is observed in the breach rather than in compliance?
In every society, there is jungle justice, there is killing of children. But we should let the society know that children are a special breed. Because of their vulnerability, they should be protected, no matter how wrong they've been. Some of them may have been misled into crime or into misconduct. They must be pardoned. So, Nigeria is of out of place in directing jungle justice on children.
As a matter of fact, when there is increase in crime, society's response to crime fighting is always drastic. When children are involved in robbery, the society loses sympathy for them.
It is the case in Nigeria. The laws have been made over centuries. Children offenders are always being treated with kid-gloves because the intention is that they have lost a part in their development. It is better for a society to bring back a child and reform him than to punish that child and let him back into the society. He becomes hardened, vengeful against the society.
Don't you think the provisions of the child's rights have infringed on the customs and traditions of some of those resisting its adoption?
Culture is a way of life of a people and therefore oblige changes. The culture of a society in the 19th Century cannot be the culture in the 20th Century. It's a way of life. It is dynamic when societal value was agrarian people had to go to farm, now the economic dynamics have changed. The culture in respect of family holding has changed. It is no longer fashionable to be polygamous. The Act recognises the core value of African society. The African society respects and protects the child, women. The Armajiri system in the north for example, is a system where children are put in the hands of mentors, Islamic teachers, who are supposed to teach them and bring them up in core Islamic education, which is a very rich education. These teachers, who are supposed to be their mentors, now send the children to the street to solicit for alms. It has become a permanent means of income. Look at the issue of Female Genital Mutilation (FGM), it was set out to achieve certain purpose.
So, as we are in the 20th Century, there are certain practices that are no longer in vogue. When you talk about culture, you have to be careful. There has been a lot of abuse of cultural principles that can no longer stand the test of time. There was a time twins were being killed. We have advanced so much in science that we can no longer justify this. Our culture must be questioned with our current knowledge of science and technology. The Child's Rights Act does not undermine the culture of our people. A child in Nigeria is just like a child in China, New York or anywhere.
 
http://www.ngrguardiannews.com/law/article01/indexn2_html?pdate=090609&ptitle=Child%27s%20Rights%20Act:%20The%20cure%20for%20trafficking

Judges to show Madge Mercy

Judges to show Madge Mercy

David to get his African sister as Madonna 'is allowed to adopt Mercy James'

David to get his African sister as Madonna 'is allowed to adopt Mercy James'
By Daily Mail Reporter
Last updated at 10:28 AM on 09th June 2009
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Madonna will be allowed to adopt baby  Chifundo 'Mercy' James says a report

Madonna will be allowed to adopt Malawian toddler Mercy James, 4, reversing the decision to block her initial bid, it was claimed today.

The singer's lawyer Alan Chinula passed on the news, after she is said to have persuaded two of the three appeal judges to reverse the decision made back in March.
Madonna's adoption application was originally rejected because she had not lived in the east African state for 18 months, as required.
A ruling which her lawyer argued was out of date.
Madonna, 50, is now said to have the backing of two of the judges with the third said to be 'in complete unison with them'.

The official ruling will be announced next Sunday at Malawi's Supreme Court of Appeal, the Sun reported today.

A source told The Sun: 'The paperwork is being typed up now.

Adoption law couple leave country

Adoption law couple leave country

John Hemming MP is concerned about adoption law in England
A couple have left their home in Essex and moved to Ireland after being warned that their child would be taken into care as soon as it was born.
John Hemming, Liberal Democrat MP for Birmingham Yardley, has revealed that the couple have sought his advice after concern over English adoption law.
Mr Hemming called for reform of the law saying the legal system handed "all the aces" to social workers
He said he advises couples to move abroad before legal action is taken.
They (foreign authorities) often know how mad the system is here.

John Hemming MP
"I don't advise people to break the law," he said.
"But I do advise them to go abroad before a court hearing and present all paperwork - because they will get a fairer hearing .
"They (foreign authorities) often know how mad the system is here."
He said the couple who moved to Ireland had lived in Essex and had sought his advice.
The woman is understood to have given birth in Wexford and the child is understood to have been taken into care pending court hearings.
Mr Hemming said: "I want to see reform. In public family law all the aces are held by the local authority and it is very, very difficult to win - and the statistics prove it."
He said Ministry of Justice figures showed that local authority attempts to pursue a care order failed in 0.27% of cases.
A spokeswoman for the unitary authority Southend-on-Sea Borough Council said: "We are committed to making plans that are in children's best interests but we do not comment on individual social care cases."

Rescue centre offers Kenyan orphans a good future

Rescue centre offers Kenyan orphans a good future
2:20pm Thursday 4th June 2009
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By Tom Shepherd »


A RESCUE centre and health clinic for orphaned girls in Kenya has officially opened after years of fundraising by people in Oxfordshire.
Kenya Children Centres chief fundraiser Gay Goodall, 61, from Warborough, near Wallingford, flew out to Ngoingwa, 40 miles north of Nairobi, to mark the event last month.
'At last, all our efforts are beginning to pay off'
Gay Goodall
The Ngoingwa Centre for Good Future provides round-the-clock care for 120 girls and includes a health clinic and community centre for local people.
The accommodation is a lifeline for the orphans, who could otherwise end up abused, uneducated and destitute. Many of their counterparts are forced to work in the sex industry.
During her visit Ms Goodall unveiled a plaque in memory of her late husband Bernard Goodall, one of the first supporters of the project, who died in 2005.
Fellow trustees and Warborough residents Wilf and Liz Eaton also unveiled a plaque in one of the accommodation blocks to mark their contribution to the centre.
Ms Goodall helped raise £25,000 of the £80,000 it cost to build the centre. She became involved in the campaign after a family friend, married to a Kenyan, highlighted the problems of orphaned girls in the country.
She said: “At last, all our efforts are beginning to pay off, and thanks to some fantastic work from our supporters and local companies, the girls can now start to build themselves a decent future, and when they leave our centre can help other, local orphan girls near Nairobi who are suffering.”
The opening ceremony was attended by more than 200 people, including the mayor of Ngoingwa, and attracted national press and TV coverage. The girls sang, danced and read poetry for the occasion.
The girls are accommodated two to a room and mentored by a house ‘mother’ who follows their development until they are ready to leave.
Businesswoman Ms Goodall said: “By building up their confidence and offering regular medical attention and schooling, the young girls get a lifeline and a decent start in life. It’s something often unavailable for many of their peers who are forced to live in degrading circumstances on the margins of society, facing abuse and exploitation in a country riven by poverty and social conflict.”
To sponsor a child at the orphanage, call Ms Goodall on 01865 258651. Any donations to the charity will be used to feed, care for and educate the orphans.
For further information, visit kenyachildrencentres.com

Japan: Occupation orphan traces roots

Saturday, June 6, 2009

 

Occupation orphan traces roots
'Eureka' visit sets emotional bond
 
By MARIKO KATO
Staff writer
For New Yorker Demian Akhan, 60, his recent visit to Japan marked the end of a decades-long journey to discover his roots.

Back in town: Demian Akhan, born during the Occupation to an American serviceman and a Japanese woman, poses in the Roppongi district in Tokyo. MARIKO KATO


He was one of the thousands of mixed-blood babies produced by U.S. servicemen and Japanese women during the Occupation, some of whom were abandoned, rescued by orphanages and later adopted away from Japan. In his first visit to his birthplace last month, Akhan met his long-lost half brother and paid respects to the orphanage that took him in.
"I still marvel at how it all worked out. I have no anger or resentment and the events of the visit are etched deeply in my heart and mind," he said in an interview with The Japan Times last month.
Born to a Japanese mother and an American father, Akhan was adopted by an American sergeant and his wife in 1949 when he was 6 months old and taken to the United States at the age of 3. He began looking into his ancestry when he was a teenager to "emotionally complete the picture."
"I decided very early on that however it was going to work, it was going to work out in its own way," Akhan said.
Part of that was his visit to Elizabeth Saunders Home in Oiso, Kanagawa Prefecture, and his first meeting with his half brother, whom he discovered 15 years ago. The trip made a profound impression on Akhan and finally gave him the chance to start the relationship with his Japanese family that he had longed for.
According to one estimate, 5,000 to 10,000 mixed-blood babies had been born by 1952, some the products of love, others of prostitution. Many of the fathers returned to the U.S., leaving their children, knowingly or otherwise, to their mothers, many of whom were financially unable to keep them.

Recovery days: Demian Akhan (seated, far right) plays on the lawn outside the Elizabeth Saunders Home, an orphanage for mixed-blood babies in Kanagawa Prefecture, in this photo taken by his adoptive parents in 1949. COURTESY OF DEMIAN AKHAN
Akhan was one of the first of more than 600 interracial babies to be admitted to the U.S. from Elizabeth Saunders Home, which was set up for mixed-blood orphans in 1948 by Miki Sawada, the granddaughter of Yataro Iwasaki, founder of the Mitsubishi conglomerate.
According to the book "Trans-Pacific Racisms and the U.S. Occupation of Japan" by Yukiko Koshiro, Sawada believed racism in Japan toward mixed-race babies, especially those born to black fathers, necessitated adoption into their paternal country.
However, when Akhan was adopted, legal restrictions meant that would only be possible by having a private bill passed in Congress.
"I remember my adoptive mother saying it took a lot of paperwork and two years to clear," he said.
Even after he entered the U.S. as a "naturalized alien," Akhan had to be adopted twice more by the same family because of changes in the law, he said. His new parents also adopted a 3-year-old girl from Okinawa when he was 5.
According to Koshiro's book, immigration procedures for mixed-blood babies eased in the 1950s under growing pressure from other countries with half-American war orphans.
Akhan, now an executive assistant at a law firm in New York, was too young to have memories of the orphanage. But his adoptive parents gave him a picture of him playing on its lawn as a baby. When he found the same exact spot in the playground during his visit, he described it as a "eureka moment."
"When I stepped off the train and smelled the ocean breezes, I realized that I was home again. I have a love of the ocean and a sharp sense of smell for water — maybe I developed those in Oiso!"
Although the orphanage declined The Japan Times' request to accompany Akhan on his tour to protect the hundred or so children currently there from press exposure, Akhan said the superintendent talked with him for four hours, mediated by his close Japanese friend, Hiroco Oucci. The superintendent also let him meet some of the children.
"I walked around holding hands with two of the children, who were so happy, energetic and full of life," he said.
Throughout his life, Akhan has been wary of looking into his past, something he said could be a double-edged sword.
"My adoptive mother told me my natural mother had tried to drown me, and the military police had discovered her and taken me to the orphanage. Such a story would have done a lot of damage to any child, it's a wonder that I have any sense at all," he said with a laugh.
When he was in his 20s, he wrote to Sawada to ask for information about his natural mother but was refused.
"She wrote back saying that it was discouraged for the sake of the mother, because if she had established her life again, it may cause her harm," he said.
Akhan said he understood Sawada's concerns for protecting the mother, because he himself had adopted his niece for a few years when his sister was having emotional difficulties, and saw the complexity of the relationship between mother and child.
"It took everything I could to get my sister motivated and explain that we were a team," he said. Akhan himself remains single.
The first fruitful step toward discovering his ancestry came with the arrival of a Japanese employee to his office in New York in the mid-'90s.
When he was in his 30s, Akhan had discovered he still had only Japanese citizenship even though he had been in the U.S. for decades, and applied for American citizenship. When the Japanese colleague arrived 10 years later, he asked her to translate some of the documents he had received from the Japanese Consulate during the process. The results were groundbreaking.
"She translated my family birth records on my mother's side; names, addresses . . . I was flabbergasted," he said.
With this information, Akhan managed to locate his half brother, who is two years his junior. But by the time he contacted him, their mother had just died.
"I sent him a letter but didn't hear from him for about six months. When he replied, he said our mother had died a few months previously. I don't know if she was alive when he got the letter — and he certainly didn't know about me!"
Although they exchanged letters, Akhan was uncertain of his half brother's reactions because his replies were always formal. It took 15 years and two canceled trips until Akhan's milestone age pressured him to make the leap.
"My brother turned out to be just a sweetheart. It was really good to see my mother had married and had a family. He said he would take me to the airport (at the end of his trip) so we can all cry," he laughed.
However, he added that there were still things he wanted to know about his mother that he was afraid to ask his half brother because he was afraid of offending him.
Meeting the relative made Akhan develop an emotional view of his mother, something he had hitherto refrained from doing.
"It couldn't have been easy for her to see one little boy running around knowing that she had another, and to never say anything about it. For the first time I was aware of how it might have affected her. I'd kept a distance from all this emotionally, almost keeping it on an intellectual level," he said.
If his mother were still alive, there are two questions Akhan would have wanted to ask. One is how she and his father met.
"I know what the traditional story was: that the American soldiers promised Japanese women they would take them back to the U.S. for a better life, and that many women fell for the line. That's the impression I got about my mother, from what I gathered about her background, rather than her working in a massage parlor," he said.
"She was the only link to my natural father. You can identify anyone through the service records and I had always hoped to get that name, and her death totally erased that," he added.
The other explanation he would have wanted concerns his unusual birth name. His current name is his third, which he took when he left home and became an actor. He also had an adopted name and a birth name, which was Demeterius Shimizu.
"I initially thought maybe Demeterius was my father's name, but black men are just not called that," he said. He currently uses the S from Shimizu as his middle initial.
The discovery of his blood relatives provided solace after a lifelong sense of isolation, a feeling partly caused by changing schools 12 times as he followed his serviceman father.
"I'm not accepted in American culture, I'm not accepted by blacks at all, and I'm not accepted by whites as being a black person. When I'm talking to some people, it's so boring I want to shoot myself! I've had such a different life, I've always been very isolated," he said, adding briefly that his relationship with his adoptive parents was difficult.
Nearing retirement, Akhan remains open about where to settle, and is keen to continue his relationship with his Japanese family and the orphanage.

Romanian Orphanages Overflowing

Romanian Orphanages Overflowing
Romanian Orphanages Overflowing Due to Financial Crisis. The Romanian periodical Curentul reports that many poor families are abandoning their children in Romania to hospitals or placement centers. As the spokesman for the Child Protective Services of Iasi County explained, "In rural areas there are many families who have no food and no wood to heat their homes. Consequently, they do not have any way to feed their children or to keep them warm..."
Romania has been battered twice over by the world economic recession-its own economy is faltering and many of the millions of Romanian migrant workers who have supported their families by taking jobs abroad are losing their jobs and returning home to impoverished families. Romania remains closed to international adoption.

Madonna gives Mercy

MADONNA BID FOR NEW TOT
Material Girl singer now wants to adopt African baby with lover Jesus

ADOPTION: Madonna with baby David

KID BID: Madonna & Jesus


Madonna gives Mercy
Madge sets up trust fund to help Malawi girl even if she can’t adopt.
Read
It's just all too Madge for Madonna nanny
Guy Ritchie's new Material girl
Jesus! Look at the state of Madonna

By Dan Wootton, Showbiz Editor, 07/06/2009
MADONNA is determined to go for an immaculate collection of kids by adopting an African baby with lover Jesus.
The star has switched her efforts from Malawi to Nigeria, making inquiries at an orphanage in the city of Kaduna about a female tot.
The Material Girl was devastated when her bid to adopt a little girl called Mercy was rejected by a Malawi court in April.
This time round she is involving model boyfriend Jesus Luz, 22, to prove he can act as a responsible father.

A source close to the 50-year-old singer revealed: "She was distraught when her adoption failed in Malawi.
"At the time she blamed the fact that her relationship with Jesus made her look like she was going through some midlife crisis.
"But now she's looking at adoption centres in Nigeria and has got another female friend to make an initial approach to test the waters.
"She's determined not to make the same mistakes and feels that the only way to do this is to get Jesus involved from the off." Madonna's pal has made an approach to the Mercy Home Orphanage, which is home to 30 children.
Our source said: "Madonna is considering visiting, perhaps with Jesus, as soon as she can."
But she may encounter problems similar to those she faced in Malawi, which ruled out adoption because she was not resident in the country.
Adoptive parents who have not been resident in Nigeria for at least three months find the adoption process extremely difficult.
A source said: "Madonna has some of the best legal minds working for her and she'll be pushing them to find a loophole."
She's determined to extend her family and provide a little sister for daughter Lourdes, 12, and sons Rocco, eight, and David, three, who she adopted in Malawi. The source continued: "Madonna always thought she would eventually win her battle to adopt Mercy, but that hasn't been the case. She thinks this will bring her and Jesus together as one big happy family."
Her friend added: "Failure is not an option. Madonna wouldn't be able to take rejection for the second time."