March 3, 2009

The Department of Adoption, Ministry of Justice in the Socialist Republic of Vietnam, confirms that it has carefully reviewed the US Government's request to permit second referrals in cases where the referral was lost for reasons beyond the control of the prospective adopting parents. The Ministry of Justice has determined that for humanitarian reasons, in cases where prospective adopting parents received official referrals before the Memorandum of Understanding expired on September 1, 2008, but where these children then passed away, the parents will receive a second referral. For all other cases, the Ministry of Justice cannot process a second referral.

February 12, 2009

January 13, 2009

Joint Council thanks the individuals who participated in our Vietnam Call to Action from January 5th through 9th. The final list of senators and representatives who signed Senator Landrieu and Coleman's letter intended for Nguyen Tan Dung, the Prime Minister of Vietnam, can be found below. The signatures can also be found here.

December 23, 2008

Joint Council has released a Position Paper on Vietnam supporting the efforts of U.S. Senators Mary Landrieu and Norm Coleman, requesting that Congressional representatives sign a letter intended for Nguyen Tan Dung, the Prime Minister of Vietnam. This letter encourages Vietnam's continued participation in negotiations related to a new bilateral agreement on intercountry adoption and emphasizes the importance of Vietnam's transition to a Hague-compliant system. Joint Council asks you to please join us in ensuring that hope is alive for every Vietnamese child. Please take a moment and contact your Senators and Congressmen during our Call to Action on January 5th, 6th, 7th, 8th, and 9th.

December 18, 2008

Senators Landrieu and Coleman, along with other Members of Congress, are continuing to show their support of ensuring every child’s right to a permanent, safe, and loving family.  As part of their commitment, they will be forwarding a letter to Nguyen Tan Dung, the Prime Minister of Vietnam.  This letter will encourage Vietnam’s continued participation in negotiations related to the new bilateral agreement on intercountry adoption. The letter will express Congressional support for the continuation of intercountry adoption and will emphasize the importance of the transition to a Hague-compliant system and a new bilateral treaty.

Between Monday, January 5^th and Friday, January 9^th, individuals can support this important initiative through the following methods:. 

1. Contact your Congressional Representatives and Senators and ask them to sign the letter to the Prime Minister of Vietnam regarding the future of intercountry adoptions from Vietnam.  Also, note that if they are interested in signing, they should contact Sarada Peri from Senator Landrieu’s office (Sarada_Peri@landrieu.senate.gov) by Friday, January 9^th.  For a list of Senators and Congressman that have signed the letter as of the time of this writing, please see below.

You can find your Senators’ phone numbers and email address at www.senate.gov
You can find your Representatives’ phone numbers and email address at www.house.gov

Please note that many of the Congressional offices will be closed for periods of time throughout the Holiday Season.

2. Send a notice of support (and ensure that you receive updates on this initiative) via the Joint Council website.  To finalize your message, you will need to complete the following:
    

   • Please visit the Joint Council Webpage and follow the instructions.

3. Contact your friends and family encouraging them to join the effort.  Please feel free to direct all interested parties to this website.

The letter to the Prime Minister can only be successful with your help! If you have any questions, please do not hesitate to contact Joint Council staff via advocate@jcics.org 

Please note the following Senators have already signed the letter to the Prime Minister of Vietnam:

Senator Landrieu

Senator Coleman

Senator Oberstar

Senator Lincoln

Senator Lautenberg

Senator Menendez

Senator Kerry

Senator Johnson

Senator Bill Nelson

Senator Akaka

Senator Roberts

Senator Murkowski

Senator Durbin

Senator Klobuchar

Senator Lieberman

Senator Levin

Senator Bennett

Senator Dodd

Senator Thune

Senator Feingold

Senator DeMint

Senator Inhofe

Rep. Jim Oberstar

Rep. Scott Garrett

Rep. Jerry Costello

Rep. Dennis Moore

Rep. Pete Roskam

Rep. John Yarmouth

Rep Pete Hoekstra

Rep Doug Lamborn

Rep Tammy Baldwin

Rep Joe Pitts

Rep John Duncan

Rep Virginia Foxx

Rep Patrick McHenry

Rep Jim McDermott

Rep Todd Akin

Rep Jim Jordan

Rep Bill Delahunt

Rep Bill Pascrell, Jr.

Rep Michele Bachmann

Rep Bart Gordon

Rep John Boozman

Rep Peter T King

Rep Brad Ellsworth

Rep Jim Cooper

Rep Patrick J Tiberi

Rep Ginny Brown-Waite

Rep Thaddeus McCotter

Rep Dan Burton

Rep Anh "Joseph" Cao

Rep James P McGovern

Rep Chris Smith

Rep Steven Cohen

Rep Corrine Brown

Rep Gene Green

Rep John Boccieri

Rep Stephanie Herseth Sandlin

Rep Robert Wexler

Rep Jean Schmidt

Rep K. Michael Conaway

Rep Jerry Moran

Rep Jeff Fortenberry

Rep Rob Bishop

Rep Barney Frank

Rep Peter DeFazio

Rep Zack Space

October 27, 2008

On October 13^th Joint Council announced its understanding that formal negotiations between the Governments of Vietnam and the United States regarding an interim Memorandum of Understanding were scheduled in the coming weeks.  It is now our understanding that these scheduled formal negotiations have been postponed.  

While Joint Council does not have information as to a new date, we do believe that this is a postponement and not a cancellation of talks.

October 16, 2008

United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) have issued a joint statement with the government of Vietnam announcing that the processing of new adoption cases will not resume until both countries sign a new bilateral agreement. The text of USCIS' press release is found below. Please also see the FAQs on Vietnam adoptions and the Joint Statement by Vietnam and the US.

The governments of the United States and Vietnam are taking this action jointly because both governments recognize the complexity of issues relating to intercountry adoptions and the importance of developing a transparent adoption system that protects all parties.  The United States continues to strongly support the Vietnamese government’s efforts to establish an appropriate child adoption system with sound safeguards and protections for children and families.  Until a new bilateral agreement is reached, USCIS and DOS have concluded it is in the best interest of children and families to not process any post-Sept. 1, 2008 adoption cases.  This action does not affect cases where the prospective adoptive parents were matched with a child before Sept. 1, 2008, the date the previous bilateral agreement expired.

USCIS and DOS will continue to process Vietnamese intercountry adoption cases where the child was matched with the prospective adoptive family before Sept. 1, 2008.  Prospective adoptive parents, who may need clarification of the status of their case, may verify whether their adoption petition qualifies as a pre-Sept. 1 case by e-mailing the U.S. Embassy in Hanoi at: hanoiadoptions@state.gov. The Embassy strongly advises prospective adoptive parents not to travel to Vietnam until they have received notification from the Embassy that their case is ready for final processing and travel is appropriate.

The United States government is committed to supporting Vietnam in its efforts to establish practices necessary to appropriately process intercountry adoptions.  We have therefore expressed our willingness to begin negotiations on a new bilateral agreement with the government of Vietnam that addresses the deficiencies in their current system.  We cannot predict when a new bilateral adoption agreement with adequate safeguards for all parties will be concluded. 

The joint statement between the United States and Vietnam is available online at: http://www.travel.state.gov/family/adoption/country/country_4373.html

October 15, 2008

The U.S. Department of State has issued an announcement in cooperation with U.S. Citizenship and Immigration Services and the Government of Vietnam, regarding the adoption of children with Special Needs by U.S. citizens from Vietnam.  In summary, the announcement supports the recommendation made by Joint Council regarding Special Needs Adoptions in Vietnam.  It is our understanding that U.S. Citizenship and Immigration will be issuing a separate but similar statement.

In addition to addressing the very difficult issue of Special Needs adoptions, the announcement also indicates that potential adoptive families can confirm that a child was officially referred to them prior to September 1, 2008.  Families wishing to confirm the status of their referral should email the U.S. Embassy in Hanoi.  The announcement also strongly cautions adoption service providers and potential adoptive parents to refrain from issuing or accepting a referral after September 1, 2008.

The full text of the announcement can be found at DOS Announcement.   As always, Joint Council will post updates on these and other important issues.

October 14, 2008

Joint Council has released a portion of the Vietnamese law governing Special Needs Adoptions. The decree in its entirety can be found here.

ON JULY 21, 2006, DECREE NO. 69/2006/ND-CP, AMENDING DECREE NO.
68/2002/ND-CP, WAS PASSED INTO LAW.  PARAGRAPH 8 - TO AMEND AND
SUPPLEMENT ARITCE 35 AS FOLLOWS:

PARAGRAP 3: FOREIGNERS PERMANENTLY RESIDING
OVERSEAS AND APPLYING FOR ADOPTION OF VIETNAMESE CHILDREN BUT THE
COUNTRIES WHERE THEY PERMANENTLY RESIDE AND VIETNAM HAVE
NOT YET BEEN CONTRACTING STATES TO A BILATERAL OR MULTILATERAL
INTERNATIONAL AGREEMENT ON  CHILD ADOPTION COOPERATION, MAY ALSO BE
CONSIDERED FOR SETTLEMENT IF THEY FALL INTO ONE OF                 THE
FOLLOWING CASES: 

a)  HAVING WORKED OR STUDIED IN VIETNAM FOR 6 MONTHS OR MORE;

b)   THEIR WIVES, HUSBANDS, OR FATHERS OR MOTHERS BEING VIETNAMESE
CITIZENS OR OF VIETNAMESE ORIGIN;

c)  BEING NEXT-OF-KIN OR RELATIVES OF THE TO-BE-ADOPTED CHILDREN OR
THEIR CURRENTLY ADOPTED CHILDREN BEING BLOOD SIBLINGS OF THE
TO-BE-ADOPTED ONES;

d)   *********FOREIGNERS FALLING INTO CASES OTHER THAN THOSE
MENTIONED AT POINTS A, B, AND C OF THIS CLAUSE

BUT APPLYING FOR ADOPTION OF HANDICAPPED OR DISABLED CHILDREN, CHILDREN
HAVING LOST THEIR CIVIL ACT CAPACITY, CHILDREN BEING VICTIMS OF TOXIC
CHEMICALS OR AFFECTED BY HIV/AIDS OR INFECTED 
WITH OTHER DANGEROUS DISEASES, WHO ARE LIVING IN LAWFULLY SET UP
NURTURING ESTABLISHMENTS, OR CHILDREN DEFINED IN CLAUSE 3, ARTICLE 36 OF
THIS DECREE SHALL ALSO BE CONSIDERED FOR HANDLING;**********

e)   OTHER CASES AS DECIDED BY THE MINISTER OF JUSTICE*****

October 14, 2008

Preliminary results from Joint Council’s August, 2008 survey of Vietnam families show that prior to the closure of adoptions on September 1, 2008, over 900 families were in the process of adopting from Vietnam. According to the results, families surveyed had planned to adopt approximately 940 Vietnamese children. Of these families, only 35.5% (319 families) indicated that they had received referrals.

Joint Council remains committed to ensuring that children referred to a family prior to September 1, 2008 will be united with their new families. For those families that did not receive a referral prior to the deadline, Joint Council is dedicated to seeing the re-opening of a new, child-centric and corruption-free adoption process in Vietnam through A Child’s Right Campaign for Vietnam. We remain hopeful that Vietnam will re-open to adoptions and have confirmed that bilateral discussions regarding an interim agreement on intercountry adoptions between Vietnam and the US are in their initial stages .With the unfailing persistence of so many families, even more children will find a family. Joint Council thanks all the families that participated in the survey.

October 10, 2008

A Position Statement from Joint Council on International Children’s Services:  Vietnam's Special Needs and Waiting Children 

On September 1, 2008, the Memorandum of Agreement (MOA) on international adoption between the United States and Vietnam expired. The cessation of this agreement left over 600 Potential Adoptive Parents (PAPs) disappointed, saddened and unable to continue their adoption process with Vietnam. It is Joint Council’s understanding that if a child was referred prior to September 1, 2008, and that referral was approved by the Vietnam Department of Intercountry Adoption (DIA), the adoption can proceed to completion.  It is also our understanding that as of September 1, 2008, new applications cannot be filed with Vietnam and U.S.-based Adoption Service Providers are not currently licensed to facilitate new cases.

Can a Child With Special Needs Still Be Adopted from Vietnam?

Over the past few weeks, Joint Council has received several inquiries into the possibility of adopting a Vietnamese child with Special Needs, or a Waiting Child. Vietnamese law does allow for the adoption of a child with Special Needs, despite the expired MOA.  However, this Special Needs adoption, if pursued, would have to take place as an independent adoption.  An independent adoption is conducted without the involvement of a U.S.-based Adoption Service Provider.  The adoption would, therefore, be facilitated by an individual, agent or attorney in Vietnam that is neither regulated nor accredited. Furthermore, while the law does provide for the adoption of a child with Special Needs, it does not provide for a definition of what ‘Special Needs’ entails and does not provide for oversight or regulation of the process or persons involved.  

While we sympathize with Potential Adoptive Parents who are deeply disappointed because of the expired MOA, as well as those who strongly support the adoption of Special Needs children from Vietnam, in the best interests of the child, birth family and adoptive family, Joint Council strongly discourages the pursuit of an independent Special Needs adoption at this time. This recommendation will remain in effect until there are adequate protections for children and families under a new MOA, and/or the placement of children with Special Needs will not hamper the successful negotiation of an MOA between Vietnam and the United States. 

Joint Council’s position is based on the following: 

• An independent, Special Needs adoption of a child from Vietnam does not currently involve governmental, agency or legal oversight of the process and is therefore susceptible to abuse.

• The use of a U.S.-based Adoption Service Provider (i.e., Adoption Agency) guarantees an adoption process in accordance with U.S. State and Federal requirements. An independent adoption process does not guarantee these safeguards and protections.  

• There is no standard fee or payment schedule for independent Special Needs adoptions. As such, there is again a lack of protections for birth and adoptive families.   

• The lack of specification of ‘Special Needs’ could potentially lead to abuses including classifying children inappropriately.

• An independent, Special Needs adoption lacks both pre- and post-adoption education, support and resources. The lack of education can result in adoptive parents who are potentially unprepared to deal with an adoptive child’s health, the child’s institutionalization and developmental challenges, the raising and rearing of culturally separated and transracial individuals, and a general lack of awareness of the bureaucratic and cultural norms involved in adopting a child from Vietnam. Further, adoptive parents might also lack important and necessary post-placement support and resources because they are missing a connection to a network of Adoption Service Providers.

• The potential for unethical practices, unregulated processes, a lack of education and long-term support all could negatively impact the relationship, identities and self-worth of all members of the adoption triad.  

Cumulatively, these factors suggest that independent, Special Needs adoptions could create an environment that increases the possibility of illegal, unethical adoption practices. Therefore, Joint Council strongly discourages the pursuit of Special Needs adoptions from Vietnam at this time.

The Vietnamese government is working diligently to protect the rights of Vietnamese families, children and adoptive families.  Unfortunately, Vietnamese law does not give the government the necessary tools to adequately regulate Special Needs adoptions at this time.  As safeguards and protections are added to the adoption process, Joint Council will reconsider its position on Special Needs adoptions.

Current Status of Vietnam-U.S. Adoptions

The governments of Vietnam and the U.S. are currently negotiating a new MOA and are seeking to implement the principles of the Hague Convention in the MOA and through ratification.  It is Joint Council’s understanding that negotiations are continuing, with both governments desiring to craft an MOA that will ensure that the rights and safety of all members of the adoption triad are protected.

However, the pursuit of independent, Special Needs adoptions that fall outside of governmental and legal oversight, could derail negotiations.  Because the independent adoption process of Vietnamese children with Special Needs runs completely counter to the intentions of both the governments of Vietnam and the United States, any attempts by Potential Adoptive Parents to circumvent governmental, agency and Hague stipulations might be seen as a breach of trust and fidelity- not to mention the risk it poses to other orphaned children in need of a forever family.

At the same time, negotiators for both the Vietnamese and United States governments are aware of the Vietnamese law allowing for independent Special Needs adoption and have made this topic a central point in their negotiations. Finding ways to support the good intentions of those who wish to adopt a child with Special Needs, providing the child with health and social support, as well as ensuring that safeguards are in place for the child, the birth families and the adoptive parents is of utmost importance to negotiators.

Joint Council and Vietnam-U.S. Adoptions

Joint Council finds this to be a difficult stance to take. We advocate vociferously for the right of every child to a safe, loving and permanent home, especially those children with Special Needs. However, finding a safe, loving and permanent home is made exceedingly difficult in a process that is highly susceptible to corruption. Furthermore, this process should not be one that exposes members of the adoption triad to unnecessary risks and potentially negative consequences, both now and in the future.

In addition to discouraging Potential Adoptive Parents from the pursuit of an independent, Special Needs adoption, Joint Council also strongly urges them not to accept a referral of any Vietnamese child from any source at this time. Any referral made after September 1, 2008, is not guaranteed compliant with Hague principles, the intents of the Vietnamese and U.S. governments, or the best interests of the child. As noted earlier, our recommendations will remain in effect until there are adequate protections for children and families under a new MOA, and/or the placement of children with Special Needs will not hamper the successful negotiation of an MOA between Vietnam and the United States. 

Joint Council continues to view the suspension of intercountry adoption between the United States and Vietnam as a tragedy for children and for the families willing to provide a loving home for them.  We remain confident that an interim MOA is achievable.  Joint Council reiterates that considerable steps have been taken by both the Vietnamese and the United States governments toward this end.  Given our concerns regarding potential abuse related to independent, Special Needs adoptions, it is Joint Council’s goal to ensure a new MOA is in place so that all children in need can find a safe, permanent and loving family.

Joint Council and its Member Organizations remain committed to the children and families of Vietnam and continue to work closely with both governments.  Our top priorities in Vietnam are the completion of existing adoption cases and ensuring that a new MOA is in place, so that all children in need can find a safe, permanent and loving family. 

We encourage a continuation of care and support for Vietnamese children with Special Needs.  Every effort must be made to find safe, permanent and loving families for Special Needs children. However, these efforts must be limited to domestic resources, such as organizational aid or domestic adoption within Vietnam, at this time.

If you would like to support the children we serve, please continue to educate yourself on the status of a new MOA and support these negotiations.  Also consider supporting children with Special Needs through a reputable child welfare organization.  Many organizations provide ongoing care for Vietnamese children, including some of Joint Council’s member organizations.  Joint Council, again, strongly urges that all refrain from adopting a Vietnamese child with Special Needs at this time, and instead support children in need through a reputable child welfare organization.

September 8, 2008

Following our update of September 1, 2008, it is Joint Council’s understanding that the Government of Vietnam has issued a formal diplomatic note to the United States Government naming a high ranking Vietnamese official as Vietnam’s lead negotiator and also requesting that both governments begin negotiations towards a new Memorandum of Agreement regarding intercountry adoption. 

Joint Council applauds the Government of Vietnam for taking this very important step and encourages the U.S. Government to respond in a most positive manner. For more information on the ongoing diplomacy, please visit the State Department's website.

September 1, 2008

Today, September 1, 2008, the current Memorandum of Agreement (MOA) between the United States and Vietnam expires.  As a result, intercountry adoption is effectively suspended until a new MOA is signed and implemented by both countries.  Joint Council sees the suspension of intercountry adoption as a tragedy for children and for the families willing to provide a loving family to Vietnamese orphans. 

Joint Council and its Member Organizations remain committed to the children and families of Vietnam and continue to work closely with both governments.  Completing existing adoption cases and putting a new MOA in place remain the top priorities.

Joint Council remains confident that a new MOA is achievable especially in light of recent events.  Joint Council’s A Child’s Right Campaign, the subsequent letter from Members of the U.S. Congress to the Department of State, arrests of corrupt practitioners in Vietnam, a discussion of the Hague Convention by Vietnam’s National Assembly, a joint statement by President Bush and Prime Minister Nguyen Tan Dung, the U.S. Department of State’s official request for a lead Vietnamese negotiator and other recent events, all demonstrate that both parties take this seriously and are interested in resolving this crisis. 

While some confusion remains regarding the processing of existing adoption cases, it is Joint Council’s understanding that if a child has been referred to a family and that referral has been approved by the Vietnam Department of Intercountry Adoption (DIA), the adoption can proceed to completion.  It is important that Adoption Service Providers and potential adoptive parents recognize that a referral may not continue on to completion unless the referral has been approved by the DIA.  Families should consult with their Adoption Service Provider in making this determination.

We continue to seek clarity on all aspects of the adoption process in Vietnam and have suggested that the DIA refrain from returning family dossiers to their respective adoption service provider at this time.  Unfortunately many questions remain such as when a new MOA is in place, will existing dossiers be considered valid.  When this and other determinations are made, we will notify you promptly. 

August 19, 2008

The Department of State has released an update on Tu Du Hospital in Ho Chi Minh City relating to to the documentation of children born there. The full release follows:

As part of our ongoing efforts, we have joined forces with Ethica and the National Council for Adoption  to provide a new tool in our collective advocacy initiative.  A survey for families trying to adopt from Vietnam is now available through the Joint Council website.  This survey is a vitally important means of gathering the information our three organizations need to properly advocate for adoptive families.  

This survey will allow us to gauge the situation in each country, assess the number of families in each stage of the process and provide accurate data to those seeking to advocate on behalf of families and children.  The survey results will be an important tool in positively resolving many outstanding issues. This survey will assist the families as well, by providing them with a new accurate perspective and relevant information regarding the status of their adoption as compared to other adoptive families.

Joint Council, Ethica and NCFA offer our thanks for your role in making this initiative successful as we continue to advocate for every child’s right to a safe, permanent and loving family.

August 11, 2008

Joint Council has received the response issued by the Department of State to the Members of the United States Congress who signed the letter to Secretary Rice in support of a new MOA. A copy of the release can be found here.

July 30, 2008

The Congressional Coalition on Adoption has invited the U.S. Department of State Bureau of Consular Affairs, U.S. Citizenship and Immigration Services to conduct a briefing of Congressional staff on issues related to intercountry adoption in Vietnam, Guatemala along with issues related to intercountry adoption in general.  The briefing is scheduled for this Friday, August 1, 2008 in the U.S. Capitol Building, LBJ Room at 10:00 a.m.

Given the pending suspension of intercountry adoption and related services in Vietnam and the continuing issues of concern in Guatemala, Joint Council urges participation by all Congressional staffers.  It is critically important that staffers participate in the U.S. Government’s role in international children’s services, specifically intercountry adoption.  Given the impact of current issues on children and families, Joint Council urges 100% participation by Congressional staffers in this very important briefing.

In order to gain the largest possible participation, please contact your Congressional Representatives and Senators' offices and urge staffers to participate in the briefing. 

• Contact information for U.S. Senator’s offices can be found at www.senate.gov.

• Contact information for U.S. Representatives offices can be found at www.house.gov.

If you choose to contact your representatives, please do so today by email or phone call, and request that they send staff to Friday’s briefing.

This briefing follows the briefing conducted for Congressional Staff last Friday, July 25^th by child advocates and experts including Joint Council.  These briefings and continuing participation by congressional offices in the ongoing issues related to international children’s services is critically important to the continuation of intercountry adoption as a viable solution for children in need. 

On Friday, July 26, 2008, Joint Council participated in a briefing of over 60 Congressional offices on issues related to international children’s services with particular attention to intercountry adoption in Vietnam and Guatemala.  

The panel presented varying perspectives on the issues facing intercountry adoption in Vietnam and Guatemala.  Regarding Vietnam the issue of a new Memorandum of Agreement (MOA), the impact of a potential moratorium, concerns over corruptive practices and the current referral process including those children and families who may not be referred were addressed in detail.  

The panel also provided information to the Congressional offices on ways in which Congress can support international children’s services, maintain the viability of intercountry adoption as an important element in providing children with permanent families and advocating for their constituents seeking to adopt a child in need of a family.

Among a variety of suggestions, the panel asked the Congressional offices to advocate via individual letters, with the government of Vietnam to finalize a new MOA by September 1, 2008. 

In addition to our continued advocacy with the Vietnamese and United States governments for a new MOA, Joint Council continues to express our concern regarding Vietnam’s capacity to refer approximately 800 children in July and August 2008.  Given our advocacy for an MOA which continues to provide services to families and children, increases child protections and elevates the standards of practice by all parties, Joint Council calls on the DIA, adoption service providers and potential adoptive parents to ensure that all children referred prior to September 1, 2008 will be completed with no undue pressure and in an ethical manner consistent with the best interest of each and every child.

July 28, 2008

As reported in the VietNamNet Bridge, on July 25, the Vietnam National Assembly discussed Vietnam’s participation in the Hague Convention.   The article reports that the Ministry of Justice suggested that the country establish a specific office to implement the convention, which would be responsible to the State for protecting children given up for adoption in foreign countries.  The full article is posted below and can be found at VietNamNet Bridge.

Joint Council sees this open discussion by high level officials as evidence of Vietnam’s serious efforts to join the international community in adding needed protections for the families and children of Vietnam and as a positive indicator regarding a new and protective Memorandum of Agreement with the U.S.  

July 21, 2008

The U.S. Department of State (U.S. DOS) has posted an announcement regarding the suspension of dossier acceptance by the government of Vietnam on July 1, 2008, and the planned suspension of referrals on September 1, 2008.  This announcement, found below, details the process by which prospective adoptive parents and children will be qualified as having a referral by September 1, 2008.  

Based on this announcement and ongoing dialogue with the U.S. Department of State and Vietnamese Department of Intercountry Adoption (DIA), it is our understanding that;

On July 1, 2008, the DIA stopped accepting new dossiers from American prospective adoptive parents;

It is also our understanding that as of July 1, 2008, approximately 1,728 dossiers were filed by American prospective adoptive parents with the DIA.  The DIA estimates that approximately 780 of the 1,728 dossiers will receive formal referrals by September 1, 2008.  The approximately 950 dossiers that are not processed and matched by September 1, 2008, will be returned to the appropriate adoption service provider.

The 780 prospective adoptive parents who may receive a referral prior to September 1, 2008, represent virtually the same number of referrals issued and processed in Vietnam across all of calendar year 2007.  Joint Council extends it appreciation to the Vietnamese DIA for its commitment to finding families for the orphans of Vietnam and its intention to issue close to 800 referrals in a 2-month period.  This effort on the part of the DIA will certainly benefit these children who are in need of permanent, safe and loving families.

For those prospective adoptive parents who have submitted a dossier prior to July 1, 2008, Joint Council is unaware of a means by which it can be determined if a specific dossier will be issued a formal referral.  This determination rests with the DIA and provincial authorities.  We certainly empathize with all prospective adoptive parents during this most stressful period and will provide any information should it become available.

In recognizing that the DIA will attempt to issue close to 800 referrals in only 2 months, there will certainly be some confusion and unexpected hurdles.  We also recognize that given the current capacity of the U.S. Consular office and U.S. Citizenship & Immigration Services (U.S. CIS) office in Vietnam and the many issues of concerns continually expressed by key stakeholders, the processing of referrals issued in August and September could create a considerable backlog that may take many months to process.  

Some have suggested that the DIA should be urged to continue issuing referrals past the September 1, 2008, deadline.  Given that referrals issued past September 1 may not be in accordance with Vietnamese law, Joint Council believes that the appropriate advocacy is for both governments to put a new MOA into place by September 1, 2008.  As detailed in the Joint Council Child’s Right Campaign, a new MOA will strengthen child protections, continue the provision of needed services, increase humanitarian aid and allow children to find a family through intercountry adoption.  Advocating for and achieving a new MOA will serve not only the 900 children who may not be referred by September 1^st, but also thousands of Vietnamese families and children for years to come.

Based on the series of announcements by the U.S. DOS beginning in November 2007, many prospective adoptive parents chose to delay their application for adopting from Vietnam.  Similarly, many adoption service providers ceased accepting applications and/or submitting dossiers in the months preceding the July 1^st cutoff.  Given that many families and adoption service providers voluntarily delayed their adoption, the unknown number of families willing to provide a permanent, safe and loving home for Vietnamese orphans far exceeds the 1,728 families who did submit a dossier.  

With the knowledge that a minimum of 900 orphans may be denied their right to a family* and that many more parents are willing to give an orphan a loving family, Joint Council continues to advocate with the governments of Vietnam and the United States for a prompt resolution to all issues and the implementation of a new MOA by September 1, 2008.  We continue to dialogue with all stakeholders and remain confident that with the continued advocacy by American families, the growing interest of the U.S. Congress and the commitment of the U.S. DOS and Vietnamese DIA, a new MOA can be a reality for the families and children of Vietnam.

* Clarification: Joint Council seeks to clarify this statement in that we do not intend to indicate that over 1,700 orphans currently reside in Vietnamese institutions.  Neither Joint Council nor any stakeholder knows the cumulative total of orphans in Vietnam.  When we indicated that 900 children would be denied their right to a family, the intent was not to focus on the number, but rather was a statement that without a new MOA, children who could find a family through intercountry adoption will be denied that right.

July 18, 2008

The U.S. Department of State has released the following statement on their website:

Prospective adoptive parents and adoption service providers should be aware that the Vietnamese Department of International Adoptions (DIA) suspended the acceptance of new adoption dossiers on July 1, 2008.  The DIA will continue to process cases received prior to July 1, 2008.  The bilateral adoption agreement, required by Vietnamese law to authorize adoptions between the United States and Vietnam, expires on September 1, 2008.  Prospective adoptive parents who have been matched with a child (received a formal referral) by September 1 will be allowed to process their adoption to conclusion.  Dossiers that have not received a referral by September 1 will be closed and returned to the adoption service provider.    

According to the DIA, a referral occurs when DIA sends a letter to prospective adoptive parents informing them that both DIA and provincial authorities have agreed to the match of a specific child.  Any case where this letter has been sent to the prospective adoptive parents (PAPs) before September 1 will be considered as having a referral and will be processed to completion.  DIA has reported that there are more than 1,700 applications pending as of July 1, 2008.  According to DIA estimates and prior adoption trends, it is likely that referrals will be completed before September 1 for approximately 50 percent of these applications.  The U.S. Embassy in Hanoi, Vietnam, will process to conclusion all adoptions that meet the Government of Vietnam’s criteria and deadlines.    
The United States is strongly committed to processing legitimate intercountry adoptions from Vietnam.  We have indicated to the Vietnamese our interest in negotiating a new agreement.  An important goal for the United States is that any new agreement must establish enforceable safeguards and a transparent process which ensures that the children and families involved in the adoption process are protected from exploitation.  The Government of Vietnam shares this concern.  Both countries acknowledge that more needs to be done to address deficiencies in the current system.  It is not possible, at this time, to predict when a new bilateral adoption agreement may be negotiated and signed.

U.S. field investigations continue to reveal incidents of serious adoption irregularities, including forged or altered documentation, cash payment to birth mothers (for other than reasonable payments for necessary activities such as administrative, court, legal, translation, and/or medical services related to the adoption), coercion or deceit to induce the birth parent(s) to release children to an orphanage, and children being offered for intercountry adoption without the knowledge or consent of their birth parents.  During the month of June 2008, five children were reunited with their families after investigations by the U.S. Embassy in Vietnam revealed that the birth parents had not consented to their adoption.  In July, Vietnamese media reported that police in the northern province of Nam Dinh arrested three people, including two communal health officials, for alleged child buying and creating fraudulent documentation purporting that these children had been deserted.  These children had also been illegally offered for intercountry adoption; the investigation is ongoing.  Vietnamese officials have informed the U.S. Embassy in Hanoi that similar investigations are occurring in other provinces.

Prospective adoptive parents who have a pending dossier with the Government of Vietnam should be aware that documents relating to adoptions in Vietnam, such as birth certificates, abandonment reports, relinquishment agreements, and investigative reports are generally issued by orphanage directors, local People’s Committees, Provincial Departments, and the Department for International Adoptions (DIA).  The facts asserted in these documents are not verified by the issuing officials.  Attempts by U.S. officials to verify the accuracy of these documents frequently uncover evidence of fraudulent or inaccurate information.  Therefore, documents issued by the authorities listed above, and any other documents containing information not verified by the issuing authority, cannot be considered adequate evidence of the facts claimed.  They may be used in conjunction with primary and contemporaneous secondary evidence, or must be independently verified by U.S. officials in Vietnam, before they can be considered valid for immigration purposes. (http://travel.state.gov/visa/frvi/reciprocity/reciprocity_3705.html)

The U.S. Citizenship and Immigration Service and the Department of State have instituted procedures to verify that children identified for placement meet the requirements of Vietnamese and U.S. law, before the child has been adopted under Vietnamese law.  Information about these procedures is available from USCIS or through their website http://www.uscis.gov/portal/site/uscis. The Embassy strongly advises prospective adoptive parents not to travel to Vietnam until they have received notification from the Embassy that their case is ready for final processing and travel is appropriate. Parents should contact the Embassy immediately if anyone, including their adoption service provider, encourages them to travel to Vietnam prior to receiving this notification. The Embassy can work together with adoption service providers, Vietnam’s Department of International Adoptions, and local authorities to resolve issues such as the scheduling of a Giving and Receiving Ceremony.

July 9, 2008

Joint Council is pleased to announce that the letter to Secretary Rice in support of the recommendations in A Child’s Right Campaign for Vietnam received a total of 149 signatories. It was signed by 92 members of the House, as well as 57 members of the Senate.

June 26, 2008

On June 24^th, 2008, President Bush and the Vietnamese Prime Minister met at the White House for the fourth bilateral exchange in four years. Both leaders stated their commitment to a strong relationship moving forward and constructive cooperation on a range of issues, including adoption. The release reads, in part:

“The President expressed his commitment to continue the development of intercountry adoption cooperation between the United States and Vietnam that ensures the best interests of the child, respects his or her fundamental rights, and prevents the abduction and trafficking of children. The Prime Minister underscored that Vietnam shares the goals and stressed that Vietnam will speed up preparations for an early accession to the Hague Convention on Intercountry Adoptions. The Prime Minister also welcomes U.S. technical assistance in facilitating this step.”

Joint Council applauds this shared commitment by the leaders of both the United States and Vietnam to continue inter-country adoptions. We hope that this positive step forward will create a renewed dialogue between both countries and will increase existing efforts towards the negotiation of a new MOU.

June 23, 2008

Joint Council is pleased to announce that the letter from the Congressional Coalition on Adoption to Secretary Rice regarding intercountry adoption and child protection in Vietnam has received over 130 Congressional signatures.

Given the visit to the United States by the Prime Minister of Vietnam over the next few days, it would greatly benefit our collective effort if additional calls to Members of Congress were made immediately.

While many families and adoption service providers are not directly involved with Vietnam, we urge all families and service providers to participate in A Child’s Right Campaign by calling your Congressional Senators and Representatives today!

Please take a moment now and contact your Congressional Senators and Representatives and ask if they have signed the Congressional Coalition on Adoption (CCA) letter to Secretary Rice.  If they have, please thank them for their support.  If not, please ask that the Senator or Representative add their support and signature to this important letter.

June 18, 2008

Joint Council's Child's Right Campaign has been well received, and the letter to Secretary Rice, advocating for a new MOU for Vietnam, is now circulating to all of the congressional offices.

Joint Council is asking families to call their elected officials on Thursday, June 19^th and Friday, June 20^th, in support of the campaign. Joint Council has previously asked for your support, but the next two days will be crucial in obtaining the support of Congress for this important bill. Details on the A Child's Right Campaign can be found below. Joint Council has received overwhelming support for this campaign, and we appreciate your phone calls and e-mails on such short notice.

June 13, 2008

In advancing our advocacy for every child’s right to a permanent, safe and loving family, Joint Council will lead a delegation to Vietnam on June 17, 2008.  The delegation is a collaborative effort and includes: Tom DiFilipo of Joint Council; Paul Singer of the Global Orphan Care Initiative and Joint Council Board of Directors; Linh Song of Ethica; Gary Gamer of Holt International; and John Meske of Faith International.  During this trip, the delegation will present the key elements of A Child's Right Campaign including our Recommendations, to officials of the Vietnamese government. 

With dual goals of maintaining the myriad of services provided to children and families—both directly and indirectly—through intercountry adoption and strengthening protection from unethical practices, corruption and abuse, the Joint Council delegation will advocate for a new Memorandum of Agreement (MOA) between the Vietnamese and U.S. governments to go into effect September 1, 2008.