Dear Madame Secretary:

Reposted from Nachama's blog http://apennyanickeladollaroradime.blogspot.com/

August 13, 2010

Madame Secretary Hillary Rodham Clinton
U.S. Department of State
2201 C Street NW
Washington, DC 20520

Dear Madame Secretary:

Effective August 6, 2010, the U.S. Department of State (DOS) announced the suspension of new adoption cases for children identified as abandoned in Nepal. DOS announced at the same time that that they would continue processing adoptions for those children who have already been referred to an American citizen prior to August 6, 2010.

There are approximately 80 of those citizens. They have waited for these children for years.

On August 6, 2010, without warning to any of the parents or agencies currently finalizing their cases, the DOS issued a statement, “strongly recommending that prospective adoptive parents do not travel to Nepal to finalize their adoptions.” Instead, the United States Citizenship and Immigration Services (USCIS) and the Department of State report that they are “currently setting up a [new] program that will enable the U.S. Embassy in Kathmandu to complete the required I-604 Determination of Child for Adoption before prospective parents travel to Nepal to finalize the adoptions.”

This new vigorous investigative program is just for the 80 families that are in possession of referrals issued before August 6th, 2010. USCIS and DOS report that "...the review of these approximately 80 adoptions will be vigorous and it is expected that some might not be ultimately approved.” Holding these 80 cases to a higher standard of investigation than the previously approved cases seems arbitrary at best and cruel at worst. Chuck Johnson, head of the private National Council for Adoption, expressed dismay at the suspension, saying it would consign many Nepalese orphans to longer stays in institutions.

"It's a sad day for us children's advocates," he said. "When you suspend adoptions due to concerns of abuse, you're also preventing the adoption of legal and legitimate orphans. ... There will be suffering, profound psychological and physical effects."

Until August 6th a visa could be granted if there was no proof of corruption but as of August 6, 2010 – just for the 80 families with referrals -- proof must be provided that the documents are legitimate, proof that is extremely difficult to come by given the Nepali culture and customs. It is unconscionable that these children may have to remain in orphanages for the rest of their childhood because the DOS is now reviewing each abandonment case on a “guilty until proven innocent” view instead of an “innocent until proven guilty” standard. These children have been abandoned – there is ample evidence that they have been living in orphanages for years but are not going to be given a visa to the US to live with their forever family that will provide a safe, loving and nurturing home because their original abandonment cannot be substantially verified. Children are abandoned because these mothers/family members/relatives by necessity go great lengths not to be identified. The government of Nepal has determined that these children are legally free to be adopted.

The Nepali culture makes it very difficult to investigate these cases according to Western standards. Many abandoned children were born out of wedlock, a situation that is illegal in Nepali society. Women who have given birth out of wedlock are considered unmarriageable. Therefore most women and girls have no choice but to keep their pregnancies a secret. These women and their relatives will do anything to remain anonymous rather than be shunned by their community and left husbandless in a patriarchal society. This makes the orphan investigation process nearly impossible. The Embassy has stated that one of the reasons for questioning the orphans' files is that they are all so similar. However, the files are similar because the situations are very similar in the case of abandonment. A child is found by someone and then taken to either a police station or orphanage. This is the only information available because the mother has chosen to remain anonymous and others do not wish to report anything they know about the situation.

I strongly support ethical adoption policies and procedures but feel there may be a lack of consideration of the values and culture in Nepal. I am asking you to help us bring these children home.

Please contact the Department of State and urge them to expedite these cases caught in the middle of this abrupt policy change.

Very truly yours,