Adoption Under One Roof

I was not surprised to see that the U.S. has decided that they will not return a child who was abducted from her parents in Guatemala in 2008 and later adopted by a U.S. couple because the U.S. and Guatemala had yet to sign the Hague Abduction Convention. The child was in foster care for about a year in Guatemala and then adopted by an American family in Missouri. There is no indication that the adoptive parents had any inkling that their daughter had been abducted.

We're obviously deeply concerned about allegations regarding stolen children and inter-country adoptions wherever these cases come up," State Department spokeswoman Victoria Nuland said in a statement. "We consider the appropriate venue in the United States for pursuing this case is in the state courts. They're the competent organ for holding a full hearing on the merits and the best interests of the child.

A human rights group that has pursued the case in Guatemala's courts on behalf of the child's biological mother, Loyda Rodriguez, said the next step will be to find a U.S. law firm to file a civil suit charging immigration fraud.

This case has gained worldwide attention and opinions are all over the board. Here is my opinion for what it is worth. First, all the legal avenues must be followed (federal and state courts). Then (although I always want this to be first) the child’s best interest must be taken into consideration. Does this child have any memory of any life beyond her life in the U.S. with her adoptive parents? Ideally the adoptive parents would have open communication with the birth parents. This may need to be done through an intermediary. Hopefully this child will be able to travel to Guatemala to visit her birth parents, as many adoptees from Guatemala do today.

A  Guatemalan man who was deported from the U.S. snuck back into the country last year to get his children, who are U.S. citizens. As a result, he was arrested and spent a year in detention. After a year in detention, he relinquished rights to his children. Of the three children, all under the age of 10, the daughter has been placed in foster care and is being adopted by the family, while the boys are in foster care with a family that will not be adopting them. The boys will soon be placed in the Michigan Adoption Resource Exchange which is a website that lists profiles of children whose case workers are actively seeking adoption.

Justifiably, there is intense controversy surrounding this case. Some feel that everything should have been done to reunite the father with his children (the mother is deceased). Others claim that since he relinquished his rights to his children, the case is closed. The father has been sent back to Guatemala.

Senator Landrieu is an adoptive parent and highly supportive and sensitive to issues surrounding domestic and intercountry adoption. In the last few years, she has been involved in the effort to bring home the over 900 children from Guatemala who were grandfathered under the old adoption system when adoption closed in 2007. These children should have been home long ago – bureaucracy and apathy have held up their adoptions.

Senator Landrieu has been to Guatemala several times and she won’t stop going until the children come home. After returning from her recent trip, she held a conference call with the adoptive parents who have been waiting 5 years and more for the children to join their families. Senator Landrieu does not just “talk the talk,” she “walks the walk.” The officials and committees in Guatemala who are processing these adoptions cannot ignore her - she won’t just “go away.” No, this devoted Senator is on a mission to bring these children home.

Good luck Senator Landrieu and thank you for all you are doing for the children and families waiting to be united.

Image Credit: US Senate

We would like to congratulate Melinda Warshaw on the publication of her autobiography, “A Legitimate Life: A Forbidden Journey of Self- Discovery.” Over several years we were fortunate to have Melinda as a regular guest blogger on” Adoption Under One Roof. We posted her book, “A Legitimate Life: A Forbidden Journey of Self- Discovery” twice a week as a series over a two year period. Now it is available on Amazon in paperback form and it can also be purchased on kindle.

In addition to writing this book, Melinda is an artist, musician and business woman as well as a strong advocate for open birth records. As an adoptee in a closed adoption, Melinda spent painful years searching for her roots and trying to reconnect with her birth family. This book will speak to many generations of adoptees denied access to birth family information.

Ghana is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention) hence even though the United States entered into the convention on April 1, 2008, intercountry adoption processing for Ghana did not change.

WHO CAN ADOPT

Firstly you must be found eligible to adopt by the U.S. Government. http://www.adoption.state.gov/about/who.html

The following are the requirements of Ghana:

1. RESIDENCY REQUIREMENTS: Prospective adoptive parents must be resident in Ghana a minimum of three months prior to adopting a child. The prospective adoptive parents may request a waiver of the residency requirement through the court. The courts will approve a waiver of the residency requirement with the recommendation of the Ministry of Social Welfare if it is in the best interest of the child.

2. AGE REQUIREMENTS: Applicants must be at least 25 years of age and at least 21 years older than the child.

3. MARRIAGE REQUIREMENTS: Only married couples can apply to adopt a child from Ghana, but not same sex couples.

4. INCOME REQUIREMENTS: Applicants must be gainfully employed.

5. OTHER REQUIREMENTS: Applicants must undergo a medical exam

HOW TO ADOPT

Adoption in Ghana is handled by the Ghanian Adoption Authority

The Process

1. Choose an Adoption Service Provider

2. Apply to be Found Eligible to Adopt

3. Be Matched with a Child

4. Adopt the Child in Ghana

5. Apply for the Child to be Found Eligible for Adoption

6. Bringing Your Child Home