{"id":1303,"date":"2010-09-12T12:10:19","date_gmt":"2010-09-12T12:10:19","guid":{"rendered":"http:\/\/www.againstchildtrafficking.org\/?p=1303"},"modified":"2010-09-13T12:13:50","modified_gmt":"2010-09-13T12:13:50","slug":"anatomy-of-an-adoption-crisis","status":"publish","type":"post","link":"https:\/\/old.againstchildtrafficking.org\/archive\/anatomy-of-an-adoption-crisis\/","title":{"rendered":"Anatomy of an Adoption Crisis"},"content":{"rendered":"<div>\n<div>\n<div>\n<div>Source:<a href=\"http:\/\/www.foreignpolicy.com\/articles\/2010\/09\/07\/anatomy_of_an_adoption_crisis\" target=\"_blank\">http:\/\/www.foreignpolicy.com<\/a><\/div>\n<\/div>\n<\/div>\n<\/div>\n<p>An exclusive investigation uncovers how State Department officials  uncovered systemic corruption in the Vietnamese adoption system &#8212; and  how they struggled to do something about it.<br \/>\nBY E.J. GRAFF | SEPTEMBER 12, 2010<\/p>\n<p>It seemed like a nightmare right out of Kafka. In late 2007 and early  2008, Americans with their adopted babies in arms, or pictures of babies  to come, were being stonewalled by faceless U.S. bureaucrats. The U.S.  government refused to issue visas that would allow those babies to come  home from Vietnam &#8212; and wouldn&#8217;t explain why.<br \/>\nThirteen families, supported by dozens of other parents-to-be,  desperately did what they could to attract publicity, calling in the New  York Times, ABC News, and members of Congress. They launched campaigns  on the web, sent petitions to friends and neighbors, and barraged the  relevant offices with pleas for help. And still, for months, the State  Department and U.S. Citizenship and Immigration Services (USCIS) refused  to issue their babies the requisite visas &#8212; for reasons that seemed  irrelevant. One couple from Queens, New York, said they were told that  the baby they had legally adopted in Vietnam would not be able to come  home with them for what they called a &#8220;bewilderingly minute point&#8221;: A  Tam Ky Orphanage guard in Vietnam&#8217;s Quang Nam province had failed to  note the child&#8217;s arrival in his logbook.<\/p>\n<p>But inside their fog of secrecy, the faceless bureaucrats were also  agonizing about the well-being of the children and their families. Based  on hundreds of pages of documents received via Freedom of Information  Act requests, this article gives a never-before-seen glimpse at how the  State Department discovered what it believed to be a gray market in  &#8220;adoptable&#8221; babies and debated what to do about it, trying each of its  inadequate tools in<br \/>\nAccording to these internal documents, the State Department was  confident it had discovered systemic nationwide corruption in Vietnam &#8212;  a network of adoption agency representatives, village officials,  orphanage directors, nurses, hospital administrators, police officers,  and government officials who were profiting by paying for, defrauding,  coercing, or even simply stealing Vietnamese children from their  families to sell them to unsuspecting Americans. And yet, as these  documents reveal, U.S. officials in Hanoi did not have the right tools  to shut down the infant peddlers while allowing the truly needed  adoptions to continue. Understanding how little the State Department and  USCIS could do, despite how hard they tried, helps reveal what these  U.S. government agencies need to respond more effectively in the current  adoption hot spots, Nepal and Ethiopia &#8212; and in whatever country might  be struck by adoption profiteering next. <!--more--><\/p>\n<p>Adoption from Vietnam: the background<br \/>\nBetween 2006 and 2009, Americans adopted 2,220 children from Vietnam. In  2007, USCIS and the State Department issued 800 adoption visas and  attempted to deny only 20. And yet on Sept. 1, 2008, the United States  felt it had no choice but to not renew the bilateral agreement that  allowed Americans to adopt Vietnamese children, thereby shutting down  American adoptions from Vietnam.<br \/>\nIt wasn&#8217;t the first time the State Department had been confronted by  corrupt Vietnamese adoption practices. In the late 1990s and early  2000s, Westerners were adopting thousands of Vietnamese-born children  every year amid reports that children were being bought, coerced,  defrauded, or even kidnapped from their birth families. Pressured by the  West, the government of Vietnam tried to reform its system. It sharply  curtailed adoptions &#8212; the United States banned them from Vietnam  entirely &#8212; and eventually prosecuted, deported, and otherwise shut down  some of the suspected perpetrators. Noting the progress, the United  States signed a three-year bilateral agreement with Vietnam in 2005,  complete with safeguards against corruption, so that adoptions between  the two countries could again proceed.<br \/>\nBut as soon as adoptions resumed, these documents reveal, the U.S.  Embassy in Hanoi noticed a suspicious uptick in &#8220;abandoned&#8221; infants in  orphanages that had contracts with international adoption agencies.  &#8220;Orphanages and hospitals throughout Vietnam all report that prior to  2005 there were very few abandonments at their facilities, today these  facilities may have as many as 15 purported abandonments a month. These  abandonments are shams designed to obscure the child&#8217;s true origins,&#8221;  Ambassador Michael Michalak cabled back to Washington in January 2008.  &#8220;At Hospital A in [redacted location] abandonments are now a weekly  occurrence.&#8221; Other orphanages continued to host their traditional  complement of older and special needs children, with few or no infants  and toddlers.<br \/>\nUnfortunately, by law, the U.S. government had only three imprecise  tools to respond to its suspicions about Vietnamese adoptions. First,  State Department and USCIS officers could personally investigate the  circumstances behind Americans&#8217; applications for &#8220;orphan visas.&#8221; But  that was time-consuming, and it elicited vehement objections from the  Vietnamese government. Second, U.S. consular officers and diplomats  could pressure Vietnam to live up to the 2005 Memorandum of Agreement  and crack down on unethical adoptions. But the U.S. Embassy came to  believe that Vietnam would not take action. Third, the United States  could stop accepting adoptions from Vietnam entirely. But that blunt  tool would stop legal adoptions together with corrupt ones, and, these  documents show, the United States hesitated to wield it.<br \/>\nInvestigating one by one<br \/>\nThe only legal authority that the United States had to oversee adoptions  in Vietnam was through the limited tool of immigration law. In  practice, this meant that, legally at least, the United States couldn&#8217;t  hold responsible the adoption agencies or the Vietnamese orphanages that  may have actually done something wrong. Instead, the United States  would have to wait until adopting Americans had filed applications for  I-600 &#8220;orphan visas&#8221; before investigating any of the circumstances  surrounding the adoptions. In essence, the U.S. authorities hold  adopting Americans responsible for whether the child promised to them by  an adoption agency is in fact a legitimate orphan, on the fiction that  they have some independent knowledge about the child.<\/p>\n<p>By that point, though, most Americans had already spent many months and  tens of thousands of dollars pursuing the adoption and in some cases had  already adopted the child under Vietnamese law. Many thought of the  I-600 as the final formality in a long, emotionally fraught process. Few  had any idea that their adoption agencies&#8217; actions had been essentially  unsupervised until then &#8212; or that the child might not in fact be free  for adoption. And if the United States did find enough fraud in a visa  application to try to prevent that adoption, not surprisingly, &#8220;the PAPs  [prospective adoptive parents] are very often devastated,&#8221; as one  consular officer wrote. When the accuracy of their prospective child&#8217;s  visa application was challenged, a number of families saw no alternative  to spending tens of thousands of dollars on immigration lawyers and  camping out in Hanoi to fight the U.S. government &#8212; rather than  returning the child to an orphanage that, if the allegations were true,  &#8220;had already proven it didn&#8217;t care what happens to that child,&#8221; as Mary  Quigley, one North Carolina-based parent, put it. Monica DiGioacchino,  another adoptive parent whose child&#8217;s orphan visa application was at  first denied, is still bitter about the use of immigration  investigations in the State Department&#8217;s campaign for honest adoptions  from Vietnam, saying, &#8220;We were collateral damage.&#8221;<br \/>\nA number of these released State Department documents report on  investigations into particular cases, heavily redacted because of the  U.S. Privacy Act of 1974. What&#8217;s left are agonized conclusions like  this: &#8220;government run clinics and orphanages are actively engaged in  baby buying and are lying to birth mothers to secure children for  international adoption&#8230; forcing witnesses and even birth mothers to  recant the statements they gave to consular officers so that the  adoptions can be completed.&#8221; In one cable, the embassy reports that it  &#8220;has discovered &#8216;safe houses&#8217; &#8230; where women are offered lodging,  medical expenses and money to &#8216;start a new life&#8217; in exchange for their  child&#8230;. The women are required to sign agreements promising to  relinquish their children before entering the safe houses and are often  separated from their children immediately after birth. Tragically, in  some instances these women were told that their children would be  adopted domestically and that they would return home once they were 11  years old. Even worse, one hospital in [redacted location] essentially  kidnapped infants from their parents by refusing to release the child  until they paid their medical bills. When payment was not forthcoming,  the hospital declared the children \u2018abandoned&#8217; and placed them for  adoption without the birth parents [sic] knowledge or consent.&#8221;<br \/>\nIn another situation, U.S. investigators found that village officials in  Quang Binh, a province on Vietnam&#8217;s north central coast, offered two  Hmong women 10 months&#8217; salary each to place their newborns in a &#8220;social  sponsoring center&#8221; &#8212; essentially an orphanage. (In many underdeveloped  countries, children aren&#8217;t abandoned at orphanages but placed there  temporarily for food, shelter, education, or child care, which is what  these women told U.S. investigators they thought they were doing.) After  USCIS denied the adoption visas, the documents show that village  officials summoned the two women to their offices, &#8220;criticized [them]  for irresponsibly becoming pregnant,&#8221; and forced them to sign  relinquishment papers. The head of the Department for Intercountry  Adoptions, Vu Duc Long, then ordered them to come see him in Hanoi.  According to one State Department document, the birth mothers later  &#8220;reported that they were so frightened about the trip that they became  physically sick.&#8221; Before USCIS spoke with the two mothers again,  Vietnamese police officers stopped by to &#8220;remind&#8221; the women that they  had &#8220;consented&#8221; to adoption. U.S. officials were so horrified by this  incident that they refer to it often, both internally in these documents  and in discussions with Vietnamese officials. Those two adoptions were  successfully stopped &#8212; but USCIS reportedly discovered that a third  woman&#8217;s child had, without her permission or understanding, already been  adopted and brought to live in the United States.<br \/>\nMany Vietnamese officials objected furiously to Americans undertaking  criminal investigations on their soil, so much so that investigators at  times feared for their safety. Consider this report on a State  Department attempt to investigate a child&#8217;s suspicious &#8220;abandonment&#8221; in  a\u00a0 hospital in Can Tho, in the Mekong Delta near Vietnam&#8217;s southern tip,  where the investigator, Chris Brown, was refused entry:\u00a0 &#8220;Ominously&#8230;  the Vietnamese government says we have to give them the exact details in  advance \u2018in order to avoid problem as occurred in An Giang province on  October 10, 2007 and to ensure the safety and smooth coordination for  the delegations of the Consulate General traveling outside consular  district.&#8217; I say \u2018ominous&#8217; because that certainly could be read as a  direct threat.&#8221;<br \/>\nThe documents reveal that Vietnamese officials blocked U.S. embassy  investigators from researching orphans&#8217; origins in 17 of Vietnam&#8217;s 63  provinces between 2007 and 2008, often with police or other Vietnamese  officials physically blocking the U.S. employees from entering a  building or ordering them to leave a province. These investigations were  difficult, dangerous, time-consuming &#8212; and worst of all, didn&#8217;t  necessarily stop wrongful adoptions. &#8220;Because the decisions of USCIS can  be appealed &#8212; ultimately to the federal court system &#8212; denials must  be extremely well documented with solid evidence,&#8221; as one document  explained. &#8220;Well-documented&#8221; means, in practice, that either a birth  family has to ask for the child back or someone has to confess to having  done something wrong, a highly unlikely occurrence because Vietnamese  police themselves were involved in either soliciting or covering up the  purchase and sale of children, according to both these documents and  USCIS orphan visa appeals denials posted online. And so even when the  embassy was all but certain that a child had been fraudulently taken  from a birth family &#8212; but did not have evidence strong enough to stand  up against the necessary &#8220;preponderance of the evidence&#8221; standard in  court &#8212; it still at times had to allow an American family to bring home  that child.<\/p>\n<p>Applying diplomatic pressure<br \/>\nThe State Department clearly believed that the Vietnamese government,  not the United States, should be fixing the problem. If Vietnamese  children were being wrongfully taken, it was Vietnamese families that  were being harmed, usually by Vietnamese citizens on Vietnamese soil.  These released documents detail how consular officials, two ambassadors,  and an assistant secretary of state confronted Vietnamese officials at  varying levels with evidence of document fraud, defrauded birth  families, and provincial officials profiting from the purchase and sale  of children for adoption. They were not satisfied with the responses.<br \/>\nU.S. officials also repeatedly demanded that Vietnam live up to the  requirements of the 2005 Memorandum of Agreement, according to these  documents. First, the State Department wanted Vietnam to issue a binding  schedule of adoption fees, which would limit what orphanage officials  could demand from U.S. agencies and American parents. That would  restrict how profitable an adoption might be and reduce the incentive to  &#8220;find&#8221; children wrongfully. It would also enable U.S. government  officials to warn Americans not to pay more than the legal limit.  Second, the State Department wanted Vietnam to investigate corrupt  adoption activities or at least allow U.S. officials to investigate  freely. Finally, U.S. officials pressed Vietnam to ratify and implement  the Hague Convention on Intercountry Adoption, the key international  treaty regulating adoption. U.S. officials repeatedly offered technical  assistance to help Vietnam draft and implement a Hague-compliant  adoption law. But no matter how often the U.S. diplomatic corps offered  evidence of criminal wrongdoing or pressured Vietnam to live up to its  existing agreement with the United States, Vietnamese officials not only  failed to pursue it, but &#8212; in the embassy&#8217;s view &#8212; chose to help  rather than prosecute the baby merchants.<br \/>\nThis despite the fact that Vietnam had created an agency, the Department  of International Adoptions (DIA), intended to combat corrupt adoption  practices. Embassy officials say in internal memos that its director, Vu  Duc Long, repeatedly explained that he could do nothing &#8212; and that he  saw nothing wrong. According to one U.S. Embassy cable, when asked  directly about his agency&#8217;s role in combating corruption, Long answered  &#8220;that DIA will check to see who committed fraud, but that in his  experience there has &#8216;never been a case where DIA found problems with an  adoption in Vietnam&#8217;.&#8221;<br \/>\nIn the same conversation, according to one cable, Long told U.S.  officials that he had no authority to issue a binding schedule of fees  and that he believed the real problem was that American agencies&#8217;  contracts with the provincial authorities for &#8220;humanitarian donations&#8221;  were really advance deposits on adoptable &#8220;orphans&#8221; &#8212; and were thus  putting pressure on the orphanages to &#8220;find&#8221; more adoptable babies. Long  explained: &#8220;If the orphanage accepted a donation equal to 10 children,  for example, but the orphanage only had 4 children to deliver, then the  orphanage had to find additional children to meet its obligation.&#8221;<br \/>\nIn the American officials&#8217; view, adoption was supposed to be about  finding new families for needy children. But Long was explaining that  Vietnamese orphanages &#8220;produced&#8221; adoptable children to meet American  demand. In that cable, the embassy commented to the secretary of state&#8217;s  office that Long&#8217;s &#8220;revelation of [U.S. adoption agencies] making up  front payments for &#8216;future deliveries&#8217; is clearly of concern. It stands  as further evidence that the problems we are seeing in Vietnam are  serious and systemic.&#8221;<br \/>\nIn December 2007, the U.S. Embassy took advantage of Assistant Secretary  of State Maura Harty&#8217;s visit to have her talk with senior Vietnamese  officials about the adoption crisis, in which, according to one cable,  she conveyed &#8220;forcefully that the Embassy has discovered clear patterns  of child selling, emphasizing that this is something we cannot  tolerate.&#8221; But after meeting with a variety of high-level officials,  Harty, Ambassador Michalak, and embassy staff concluded that nothing  would soon change. Michalak cabled home his stark conclusion:  &#8220;[Vietnamese] officials are clearly embarrassed by the information  uncovered by our consular investigations, but would prefer to address  this by preventing consular officials from doing their jobs rather than  by addressing the core problems of corruption and child selling&#8230; This  leaves us in an untenable position. We can not continue the current  [Memorandum of Agreement] under these conditions.&#8221;<\/p>\n<p>Stopping all adoptions from Vietnam<br \/>\nOnce the State Department had concluded that it could not in good  conscience permit continued adoptions from Vietnam, its discussions  began to focus on strategy.<br \/>\nThe cutoff date was clear: the United States could decline to renew the  Memorandum of Agreement, which was set to expire on September 1, 2008.  But no one wanted to face the kind of outrage and political pressure  that had been aimed at USCIS and the State Department when they&#8217;d  stopped adoptions from Cambodia and Guatemala for similarly entrenched  corruption. Hundreds of families had been trapped partway through the  process, with hearts and wallets already fully invested in bringing home  a particular child. Michalak wrote in a January 2008 cable, &#8220;We must be  careful to make sure we are keeping prospective adoptive parents  informed of our decisions &#8230; in order to avoid a difficult and  emotionally painful situation for families.&#8221; The U.S. Embassy in Hanoi  immediately posted a notice on its website, warning prospective parents  not to start an adoption from Vietnam.<br \/>\nThe other concern was educating Congress. Gerry Fuller of the State  Department&#8217;s Office of Children&#8217;s Issues at one point emailed his  colleagues that &#8220;Sean Moore of Sen. Boxer&#8217;s office &#8230; continues to push  that it is only just to let these families go since they have been put  through the [wringer] and we have no evidence that any mother is  complaining that her baby was stolen &#8230; [A colleague was] pressing hard  for the [visas] to be issued based on concerns for the amount of  suffering already endured and likely to be endured &#8230; He is convinced  these families have been caught in the middle of a change of policy.&#8221;  Unaware of why the State Department was convinced that &#8220;fraudulent  documents are the rule rather than the exception in adoption cases,&#8221; as  the embassy cabled to Washington in March 2008, or unaware of evidence  that Vietnamese families might not have willingly given away the  children whose &#8216;orphan visa&#8217; applications were being investigated, some  members of Congress understandably wanted their constituents to be able  to bring &#8220;their&#8221; babies home.<br \/>\nUnquestionably, those families were in heartbreakingly difficult  straits. It has been &#8220;an emotional strain and a financial struggle,&#8221; Tom  Mills of Los Angeles told the New York Times in early 2008. &#8220;I came to  Vietnam expecting to stay here for two, maybe three weeks, and now it&#8217;s  been five months.&#8221; Those who were contesting their children&#8217;s denied  visa applications were told almost nothing of what was happening inside  the foggy bureaucracy &#8212; and came to disbelieve everything they were  told. They didn&#8217;t know what the embassy was doing while the denied  families waited in Hanoi. They didn&#8217;t know that Vietnamese officials  were &#8220;blocking&#8221; the U.S. government&#8217;s efforts to do its job by  investigating the prospective children&#8217;s &#8220;orphan status.&#8221; They didn&#8217;t  know when the USCIS administrative appeals officer would issue rulings  about their children&#8217;s visa applications. Another California parent,  Julie Carroll, told the Ventura County Star, &#8220;It is by far the most  excruciating thing we have gone through. And the worst part of it is we  are missing out on going on four months of our daughter&#8217;s life, all of  those milestones in her development.&#8221;<br \/>\nResponding to the members of Congress who were being pressured to  expedite the halted adoptions, the State Department and USCIS began  coordinating to keep interested members of Congress informed &#8211; both  about the status of those families-in-limbo, and about the Vietnamese  families who were suffering as well, these documents show. the State  Department organized and held a briefing session, inviting staff from  the offices of Jim Webb, Mary Landrieu, Norm Coleman, Chuck Schumer, Joe  Biden, Richard Lugar, Lisa Murkowksi, Bob Corker, Dianne Feinstein,  Hillary Clinton, John Warner, Robert Menendez, Frank Lautenberg, Zoe  Lofgren, and Henry Waxman. The State Department followed up by writing  and circulating among Congressional offices a document called &#8220;10  Disturbing Adoption Cases from Vietnam,&#8221; illustrating vividly (minus  identifying information) how profoundly corrupt Vietnamese adoptions had  become.<br \/>\nIn April 2008, the Vietnamese confirmed to U.S. officials that they had a  plan for winding down adoptions so that no American would be trapped  halfway through in September, when the adoption agreement between the  two countries expired. The U.S. Embassy in Hanoi posted a detailed  explanation of the problems it found in adoptions from Vietnam. In  addition to providing examples from the &#8220;Ten Disturbing Adoption Cases&#8221;  document, in an April posting, titled &#8220;Summary of Irregularities in  Adoptions in Vietnam,&#8221; the embassy publicized other details officials  had uncovered about the extent of Vietnamese corruption: from the fact  that adoption agencies had to pay bribes to receive their licenses in  Vietnam, to reports that agencies were forced to take Long on shopping  trips during his visits to the United States.<br \/>\nBy Sept. 1, 2008, the illicit U.S.-Vietnamese trade in babies was  closed. But so were the aboveboard adoptions &#8212; and the opportunity to  help needy Vietnamese children find American homes.<\/p>\n<p>An end to &#8220;abandoned&#8221; babies<br \/>\nToday, the United States does not allow adoptions from Vietnam, though  some other countries do. The Vietnamese National Assembly has recently  debated a new, Hague-compliant adoption law, but there is no sign of  imminent passage. In the nearly two years since the closure, Vietnam has  begun prosecuting and jailing some baby sellers. For instance, in Nam  Dinh, one of the suspect provinces, &#8220;sixteen Vietnamese doctors, nurses  and officials sold 266 babies for overseas adoptions, a court heard on  Tuesday,&#8221; Britain&#8217;s Telegraph reported in 2009.<br \/>\nRecently I spoke with Tracy Desserich of Indianapolis, who adopted an  infant from Phu Tho in 2007 through ADOPPT of Wyoming, a now-defunct  adoption agency that withdrew its application for Hague accreditation  midway through a review of its practices. Desserich said that when she  was first adopting from Phu Tho, she visited two orphanages that were  &#8220;overflowing&#8221; with 60 to 80 healthy infants. But in 2010, she and  another adoptive family hired a Vietnamese searcher to learn more about  their babies&#8217; abandonments. The searcher reported that one of the two  orphanages (which a number of agencies used to identify children for  adoption, according to Desserich) had closed completely; the other had  only a &#8220;handful&#8221; of babies and now housed mostly older and special-needs  children. As Ambassador Michalak and his investigators had suspected,  when the money stopped coming in, so did the supply of &#8220;abandoned&#8221;  babies.<br \/>\nLike Vietnam, neither Ethiopia nor Nepal &#8212; the two countries currently  plagued by reports of corrupt adoptions &#8212; have enacted the Hague  Convention on Intercountry Adoption. If there is indeed corruption in  these countries&#8217; adoptions, the U.S. embassies in those countries still  have very little power to respond &#8212; except to increase investigations  or close adoptions entirely, as happened in Vietnam. Choosing the latter  may save hundreds of families from wrongfully losing their children,  but it does so at the cost of preventing children who genuinely need new  homes from finding them in the United States. Until U.S. laws,  policies, and regulations change, the United States can turn the spigot  on and off, but it cannot control the flow.<\/p>\n<p>[1] U.S. Department of State officials in Vietnam met with the adoption  agencies quarterly and tried to persuade them to police and end the  worst practices. In one March 2008 email, Jonathan Aloisi, deputy chief  of mission in the Hanoi embassy, reported to Michele Bond, deputy  assistant secretary of state for overseas citizens affairs, about a  meeting with the higher-level adoption agency representatives, including  Tom DiFilipo, president of the Joint Council on International  Children&#8217;s Services; Keith Wallace of Families Thru International  Adoption; Carl Jenkins of World Child; and Robin Mauney of Holt  International Children&#8217;s Services. &#8220;They were a little shaken by my  mention of the murder of four Vietnamese by kidnappers seeing fresh  babies for the [adoption] trade,&#8221; Aloisi said, but his primary  impression was that agency representatives believed that the real  problem was animus between the U.S. Embassy and the Vietnamese  Department of International Adoptions (DIA), and that &#8220;the relationship  has become counterproductive. In other words, we aren&#8217;t willing to help  them [DIA] improve. I explained the limitations of DIA&#8217;s authority and  the threats that Dr. Long had made to Maura Harty about the safety of  our investigators. Nonetheless, we told the group, we deal with DIA on a  weekly &#8212; and often daily &#8212; basis. Our frustration is that even  information on cases of criminal activity are met with a &#8216;not our  business&#8217; response &#8230; Members clearly believe we are being too active  in trying to track down evidence.&#8221;<br \/>\n[2] That gap was partly closed in April 2008, when the United States  entered the Hague Convention on International Adoption, gaining some  oversight of adoption agencies-but only for adoptions from other Hague  signatory nations, as explained in an article, &#8220;The Baby Business,&#8221;  published in the Summer 2010 issue of the journal Democracy. Vietnam has  not joined the Hague Convention, though its National Assembly is  currently debating legislation toward that end &#8212; and so even then, U.S.  Hague protections didn&#8217;t cover adoptions from Vietnam.<br \/>\n[3] &#8220;The adoptions cases we are getting are increasingly problematic,  with strong indications of a return to &#8216;baby buying&#8217; and worse. The  paper trail for almost every case raises questions, and we find problems  and further questions in virtually every case we investigate. Some of  this is due to orphanages and others trying to discover ways to hide  facts so that we can&#8217;t get to the bottom of cases, but also cannot find  smoking guns.&#8221; &#8212; Jonathan Aloisi, deputy chief of mission, U.S. Embassy  in Hanoi, in an email to State Department colleagues on October 25,  2007.<br \/>\n[4] In a Jan. 31, 2008, cable to the State Department, the U.S.  ambassador in Hanoi wrote: &#8220;These cases offer compelling proof that  government run clinics and orphanages are actively engaged in baby  buying and are lying to birth mothers to secure children for  international adoption. Further, when wrongdoing is exposed, rather than  investigating corrupt local officials, the police and the Department of  International Adoptions are prepared to use their considerable power to  &#8216;correct the situation&#8217; by forcing witnesses and even birth mothers to  recant the statements they gave to consular officers so that the  adoptions can be completed. The moral of these cases is that once you  accept help in exchange for placing a child in an orphanage, for the  birth parents there is no going back. The challenge for the [U.S.  government] is to find away to stop future abuses without endangering  birth parents.&#8221;<br \/>\n[5] In one report about Phu Tho, for example, &#8220;the team went to a  medical center to speak with a child finder &#8230; Upon arrival, they were  physically blocked by local police officers who told them they were in  the province illegally&#8230; The Vice Chairman of the People&#8217;s Committee  &#8230; order[ed] them to leave the province immediately.&#8221;<\/p>\n<p>[7] Consider what the U.S. embassy said about one case (two and a  half pages are redacted, to protect the families under the 1974 Privacy  Act): &#8220;The investigation showed a clear pattern of document fraud and  corruption in this case, as well as a strong nexus with other cases of  baby buying in Vietnam. However, as a result of the unwillingness of the  DIA [Vietnam&#8217;s Department of International Adoption] to seriously  investigate, and our inability to locate the birth mother, or document a  fraudulent abandonment, the case was issued.&#8221; Here&#8217;s what that means,  translated from bureaucratese: Although the embassy was almost certain  the child had been wrongfully taken from his Vietnamese family, its  evidence didn&#8217;t reach the standard of proof that would be required by  the U.S. federal courts, if the case were appealed. An American family  was allowed to take home that child. For more on the standard of proof,  see Trish Maskew, &#8220;Child Trafficking and Intercountry Adoption: The  Cambodian Experience,&#8221; in Cumberland Law Review, Volume 35. 3, 2005.<br \/>\n[8]\u00a0 In a cable sent\u00a0 to the Secretary of State in Washington DC on Dec.  6, 2007 &#8212; SUBJECT: A\/S Harty Addresses the Challenges of Intercountry  Adoption with Vietnam &#8212; the U.S. embassy wrote: &#8220;regularly receives  reports of [adoption agencies] instructing [adopting parents] to bring  thousands of dollars in cash for donations. DIA has never taken action  against this practice, although they have stated on occasion that it is  illegal.&#8221;<br \/>\n[9] &#8220;The U.S. Embassy has repeatedly shared info from field  investigations with DIA [Vietnam&#8217;s Department of International  Adoptions] regarding violations of Vietnamese law and fraudulent  abandonments, urging DIA to take action to punish those responsible. In  response, DIA has repeatedly spring into action, not to punish  wrongdoers, but to fix whatever &#8216;paperwork problem&#8217; the Embassy has  uncovered&#8230;. going so far as to pressure individuals who previously  signed sworn consular affidavits to recant their stories.&#8221; &#8212; Ambassador  Michael Michalak, U.S. Embassy in Hanoi, to the Secretary of State&#8217;s  office, Washington, D.C., in a cable sent Jan. 8, 2008.<br \/>\n[10] &#8220;The evidence collected during this visit to [redacted] province  adds to the mounting body of evidence that in Vietnam there is a market  on which children are being bought and sold, often against the express  wishes of their biological parents. The practice has become so  widespread in some parts of [redacted] that a market and a standard  price per child has emerged &#8230; Local, provincial, and central  authorities all participated in the production and certification of  documents that they knew were false. As a result we must conclude that  these documents are unreliable and that no competent Vietnamese  authority exists either to verify the facts in an adoption case or to  protect children from being reduced to a commodity, and sadly, one worth  less than a pig.&#8221; &#8212; Subject: Vietnam Adoptions: A Child For A Pig,\u00a0  March 20, 2008.<br \/>\n[11] &#8220;75% of birth parents who were interviewed by a consular officer  stated that in addition to payments for food, medical care and  administrative expenses, they received payment from the orphanage in  exchange for placing their child in the orphanage. On average this  payment was six million Vietnamese Dong, which is the equivalent of 11  months salary at minimum wage in Vietnam.&#8221;<br \/>\n[12] Email from Richard Klarberg, Council on Accreditation (COA), June  21, 2010: &#8220;EJ: This agency &#8212; ADOPPT &#8212; discontinued its efforts to  become accredited prior to a determination being made by COA. Richard&#8221;<br \/>\n[13] In a cable from Jan. 8, 2008, Ambassador Michael Michalak wrote, &#8220;I  am becoming increasingly concerned at the growing evidence of  large-scale organized child buying in Vietnam &#8230; a system under which  unscrupulous orphanage directors and agency facilitators have turned  infants into a commodity amidst rampant corruption &#8230; Local officials  are willing to create documents to cover &#8216;discrepancies&#8217; in a case &#8230;  [T]he miraculous arrival of over 30 infant girls at Hanoi Center 1  within five months of the opening of that center for international  adoptions is not an atypical trend in Vietnam. We have frequently seen  that areas and orphanages not engaged in adoption only have older  children and those with special needs. This is a clear illustration of  the supply being created to meet demand.&#8221;<br \/>\n<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Source:http:\/\/www.foreignpolicy.com An exclusive investigation uncovers how State Department officials uncovered systemic corruption in the Vietnamese adoption system &#8212; and how they struggled to do something about it. BY E.J. GRAFF | SEPTEMBER 12, 2010 It seemed like a nightmare right out of Kafka. In late 2007 and early 2008, Americans with their adopted babies in&#8230;  <a class=\"excerpt-read-more\" href=\"https:\/\/old.againstchildtrafficking.org\/archive\/anatomy-of-an-adoption-crisis\/\" title=\"Read Anatomy of an Adoption Crisis\">Read more &raquo;<\/a><\/p>\n","protected":false},"author":5,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[18],"tags":[],"_links":{"self":[{"href":"https:\/\/old.againstchildtrafficking.org\/archive\/wp-json\/wp\/v2\/posts\/1303"}],"collection":[{"href":"https:\/\/old.againstchildtrafficking.org\/archive\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/old.againstchildtrafficking.org\/archive\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/old.againstchildtrafficking.org\/archive\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/old.againstchildtrafficking.org\/archive\/wp-json\/wp\/v2\/comments?post=1303"}],"version-history":[{"count":2,"href":"https:\/\/old.againstchildtrafficking.org\/archive\/wp-json\/wp\/v2\/posts\/1303\/revisions"}],"predecessor-version":[{"id":1305,"href":"https:\/\/old.againstchildtrafficking.org\/archive\/wp-json\/wp\/v2\/posts\/1303\/revisions\/1305"}],"wp:attachment":[{"href":"https:\/\/old.againstchildtrafficking.org\/archive\/wp-json\/wp\/v2\/media?parent=1303"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/old.againstchildtrafficking.org\/archive\/wp-json\/wp\/v2\/categories?post=1303"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/old.againstchildtrafficking.org\/archive\/wp-json\/wp\/v2\/tags?post=1303"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}