U.S. Will Continue To Push For Transparency

I would guess that an increase in transparency has nearly universal support among those that advocate for reform in intercountry adoption practices. Whether the issue is greater accountability of the foreign fees paid in the child-placing country, more consistency in the efforts extended towards permanency in-country before consideration of foreign adoption, or a better way to compare and contrast adoption agency practices so that prospective adoptive parents are better able to select a trustworthy adoption agency, the general lack of transparency in each of these areas, as well as others, has damaged the credibility of intercountry adoption and is currently a cause for concern in the Vietnam adoption program.

Yesterday the US Embassy held the much anticipated quarterly meeting for adoption agencies in Hanoi. Because the Memorandum of Understanding (MOU) between the U.S. and Vietnam is set to expire September 1, 2008, and the U.S. has appeared to be positioning itself to take a strong position on areas of concern, there has been some hype over the future of Vietnam adoptions.

Consistent with the recent theme of transparency (or lack thereof) in the adoption process that has been taken by the U.S. Department of State, and advocacy groups like Ethica and JCICS, Eric Alexander (the Consular Section Chief) said that the U.S. was, "committed to keeping things going" while also making sure that policies are implemented that ensure the best interests of children are protected. He admitted that terms of the MOU have not been fulfilled and that important issues such as the lack of provincial oversight and an official published fee schedule could mean that the MOU may expire without a new agreement in place if Vietnam and the U.S. cannot renegotiate the terms in these next 7 months. (If this were to occur, it would be up to the Vietnamese government on how they would proceed with "pipeline" cases that were already submitted to the DIA and in process. It is Vietnam law, not U.S. law, that requires a bi-lateral agreement between the two countries before adoptions can take place). It was also mentioned that the Department of State would likely be issuing a warning to prospective adoptive families who are just now beginning the process to be aware that the MOU is set to expire on September 1 and it is not yet known how quickly the negotiations for the new MOU will be completed.

My Thoughts: There were no surprises. All of us that have an interest in seeing adoptions continue in Vietnam are aware of the concerns that have been raised and realize that there have been some questions about the MOU and how it will be addressed by the U.S. and Vietnamese governments. I feel that both sides have taken some steps to show that they would like adoptions to continue and expect that this is a good thing now that negotiations have begun for continuation of the MOU. JCICS involvement in the process can only help and is demonstrating to both the U.S. and Vietnam that agencies are willing to cooperate and help address issues of mutual concern.

One of the more important issues, in my mind, is the handling of cases that will not be completed by September 1, 2008. With increasing waiting periods, additional I-600 procedures, and around 2,000 dossiers not yet matched with a referral (and many more to be submitted to DIA between now and August 31), I would be very surprised if the DIA would not agree to complete these cases should the MOU expire without a new agreement in place. I would guess that the pressure would be fairly high on both the U.S. and the Vietnam to make a commitment to complete the cases already in process.

Though adoptions will probably continue, we shouldn't just sigh relief. It's time for change and agencies should be the frontline in setting good practices. We should not reach the place where the US Embassy or Ethica or JCICS needs to step in and advocate change because of growing ethical concerns. We have a great opportunity to make an impact in both policy and practice. It is a privilege to be entrusted to advocate on behalf of vulnerable orphan children who so desperately need our help, and it's a privilege to work with the adoptive families who open their hearts and their homes to love parentless children. But the responsibility that comes alongside this privilege is great. And if credibility is to be restored in the field of intercountry adoption, it begins with the agencies.

Note: The primary focus of the meeting was aimed at procedure surrounding the new pre-approval requirement that was implemented for I-600 petitions in November 2007. Because kinks are still being worked out by USCIS and the Consular Section, there were a lot of questions that needed to be addressed. Mary Ann Russell (USCIS) and Eric Alexander (Consular Section) provided a comprehensive overview of the process, including submission in HCMC, I-604 investigation, travel invitation, and the visa procedure in Hanoi. In a nutshell, families should expect 45-60 days for the process and should not expect to receive any updates - other than the initial confirmation of that the I-600 has been received - until the petition has been approved or it is determined that more time will be necessary to verify the child's orphan status. For more specific information about this process, I will ask that you contact your agency.

Comments

[Diane]

Tad,

Thank you for the great information on your website. We currently have our dossier in Vietnam and are concerned about what will happen to our case if we do not yet have a referral by September. You mentioned that you thougth the DIA would continue to give referrals to people with dossiers in Vietnam. Can you tell me why you think this will be the case? Have you met with them?

[Kelly]

I would love to hear more about why so many orphanages in Vietnam are not licensed to adopt, and why some are. Is there anything that could be done to change this? Thank you, Kelly

[Carol]

Tad,

Why can't these 82 children be adopted?

[HAB]

Tad - Do you know anyone taking new applications now? I know someone who is done with everything and the agency they were using will not send it to VN now.
They are looking for a new agency. I called the "good" ones I know and they wont take them.

[Carol]

Tad,

I think what you are doing is great. I look forward to your posts.

Is there anything we can do to get the DIA and the US to give us an answer on the pending Dossiers left in Vietnam if the MOU isn't renewed? More than anything, I think this is the biggest stressor for us families with Dossiers in Vietnam and awaiting referral. If we knew that our adoptions would continue to be processed and completed without an MOU, I know that would help the morale and overall emotional health of all PAPs.

I look forward to hearing from you.

[Amy]

Hi, Tad.

The part that has me truly concerned right now is the uncertainty around what will happen to those families waiting for a referral on Sept 1, 2008 if the MOU is not renewed. Wouldn't it make sense for the US Govt to get clarification or a definitive statement from VN on whether or not those families would still be processed? That would go a long way in helping PAPs that aren't likely to have their referral by Sept 1 make whatever decisions are best for their family. What can we as PAPs do to request that the US Govt work to get that clarification, sooner rather than later?

[Dani Severson]

Is there more information to go along with the 82 children who need loving homes? If these children are adoptable will they be be made paper ready for referrals to waiting families signed with Orphans Overseas?
Thanks,
Dani

[Shauna]

Tad,

I am wondering if you can find out the exact number of I-600 cases that are currently processing at the DoS level, and how many approvals in total have been issued since the I-600 change in November. Hopefully this should bring to light so many current concerns about what is happening at the DoS level, and why there are so few approvals going out each week. Another panic wave is going to happen if this agency doesn't issue a statement soon about their obvious intent to intentionally slow down the issuance of Visas. More and more families are returning home and blogging about their actual experience with USCIS and DoS, and what they are reporting is a concern. They are providing us with actual facts and quotes from case workers office personel, which is a far cry more than these "statements" being released that tell us nothing. If DoS has the final say on approvals, they need to be pressured to provide more information on the process and their current goals, otherwise waiting families will be very tempted to ignore the embassy advice of not to travel. They are forcing families to get on an airplane so they can meet face to face with the state departments case workers and employees, to get some answers as to what is really happening. We will be forced to "oversee" the process ourselves and witness the truth, as opposed to what we are being asked to swallow in these statements on their website.(which has not been issued yet) This is not a good scenario, but again, the more families that return from Vietnam, with reports of being "proactiv" as opposed to just sitting at home waiting and trusting the governments intentions, the less time these state department case workers will have to actually get to the waiting cases. Their offices will be flooded with waiting families whom have made the journey over to simply obtain the facts and make appointments daily to speak with someone regarding their children and how much longer they need to languish in an orphanage whilst their case file sits on the desk of a case worker that will not begin to process it because,"they are only issuing "X" amount of visas this week". That is a direct quote. This is unacceptable that we are being told to not even think about contacting this agency until our 60 day wait is up, when reports are coming in about the actual "goings on," at DoS. Panic will ensue, that I can promise. Please, please, please use your contacts and your presence to try to speak to someone at DoS and find out for yourself, the truth. You seem very dedicated to the process. Please help the waiting families and their children, and help this new I-600 process that seems to only fail the children and the families waiting. FYI also. Everyone is wondering why this process is taking so long, given that the old process only took 2 weeks in the past, while the family was in country. Please help this agency become accountable for it's actions.
Many Thanks,
s

[Michelle]

Hi Tad:

Could you explain why you feel adoptions will continue for in-process people? Has the DIA said this for example? I wonder if the DIA will issue a statement about this - would that be possible?

I'm expecting a referral over the next few months but given the travel slow downs I'm not sure I would be back before August 31st.

WOW -this is hard!!!

Thanks for all that do and for keeping us informed!!

[Lisa]

Tad, I am so relieved to sit here with my coffee on this Sat. morning, and have such detailed info to go on today. I am surprised by my reactions to all of this, this week becoming more blue and moody than expected. Being one who likes to control all of my plans and future, this has been difficult. Our dossier is in Vietnam, but I don't know what the future holds.

I am impressed with your work and concerns and I am thankful to be able to rely on this blog.

Thank you again,
Lisa :-)

[Suzanne]

Thank you! There are no words to convey our appreciation for your clear overview!

[Erin]

Tad,
Do you have any supporting information for the statement that you think it is likely that the DIA will allow dossiers that are logged in to complete the process even if the MOU is not resigned? I have my I-171H, but am not sure what to do with it.

Thanks.

[Audrey]

A rumor just appeared on one of the vietnam adoption sites saying that there is an agency/DOS conference call today & that the DOS may be suspending adoptions from Vietnam. Have you heard anything about this?

Thank you!

[Alix]

Thank you for this update, Tad. It's greatly appreciated, I'm sure, by all of us who are in the process of adopting.

My agency has said for some time that both sides are committed to seeing adoptions continue, but I think we should all remain cautious and hope for the best.

[Michelle]

Hi Tad:

Thank you so VERY much for your update! This is really helpful and I agree with everything you said.

I'm wondering:

* What are the odds it will be resigned by Sept in your opinion?

* Was there any indication that the fee schedule was coming soon or any information on what VN has said about it lately?

Thank you again - I love your blog!!!