An independent voice for ethical adoption
2003-2007 Archived Info
Developments 2007
Cambodia ratified the Hague Convention in March 2007; it entered into force on August 1, 2007. However, Cambodia has not drafted a new adoption law or any implementing regulations for The Hague. In late November 2007, Secretary of State for the Foreign Ministry, Long Visalo, stated that although Cambodia has yet to draft an inter-country adoption law, it expects such a law to be passed by the end of 2008. Some slow progress does, in fact, appear to have been made. In February, 2007, MoSVY (the Ministry of Social Affairs, Veterans and Youth Rehabilitation) issued a regulation on the accreditation of foreign adoption agencies. UNICEF is also reportedly working closely with MoSVY on improving the Cambodian child protection system, particularly with respect to adoption.
In May 2007, however, the French Agency of Adoption (AFA) announced a partial reopening of Cambodian adoption, authorizing French families to adopt about 30 Cambodian children that year.
The United States suspended adoption processing from Cambodia in December 2001 because of concerns about lack of government oversight and proven allegations of fraud, improper inducement, and baby-selling. The suspension remains in place. The United States has consistently stated that adoptions will not be reopened until Cambodia accedes to the Hague Convention and passes adoption legislation consistent with
international norms.
Developments 2005
In order to help the Cambodian government develop a new adoption law, the US Agency for International Development commissioned Holt International to conduct a survey of children living in Cambodian orphanages. The survey, conducted in September 2005, found that over 8,000 children lived in nearly 204 orphanages. Only about 211 of the 8,000 children in orphanage care were under the age of two, with the majority of children clustered in the 10-15 year old age range. Holt reported that over half of the children surveyed had no clear legal status: although some of the children were placed because of the death of one or both parents, many children had been placed temporarily, with no
parental intent to relinquish. As a result, determining which children might in fact be adoptable would prove difficult. The Holt results are consistent with a UNICEF Alternative Care Report, also issued in 2005.
03/26/04
On March 4, 2004, the U.S. Department of State issued an Important Notice regarding adoptions in Cambodia. The U.S. Embassy statement reports that in March 2003 a team of U.S. officials traveled to Phnom Penh on a fact-finding mission to gather information about the current state of adoptions. No decisions about the future of adoptions in Cambodia were made at that time.
02/25/04
The final cases of the Special Initiative in Cambodia are being processed. The Cambodia Task Force which was formed to process the special initiative cases is slated to be disbanded by the end of April.
The draft law is still being discussed, but it is our understanding that one of the obstacles that remains to be overcome is that there is no sitting legislature in Cambodia at this time, and therefore no one that can actually pass a new law. U.S. Government officials continue to actively monitor the situation there and have been seeking a means to assist Cambodia in improving its adoption system to address concerns.
12/10/03
Seattle
Lynn Devin, owner and operator of Seattle International Adoptions, pled guilty to multiple charges of conspiracy to commit visa fraud and conspriacy to launder money, and has agreed to the forfeiture of over 109,000. Ms. Devin is the sister of facilitator Lauryn Galindo.
These are the first known charges to be brought in the two year investigation into Cambodian adoptions. BCIS has stated that the investigation into “visa fraud and alien smuggling” continues. Authorities remain silent about the identities of other agencies or facilitators being targeted by the investigation.
Draft Version of Law
It is Ethica’s understanding that this is that latest publicy available version of the draft law. At the same time, a conference apparently sponsored by UNICEF was scheduled to take place in Cambodia last night at which a new version of the proposed law was scheduled to be released. No one is sure, however, if it will be released publicly. Ethica will attempt to get a copy of the June 23rd version and will post it when it is available. Those reviewing the draft currently posted should keep in mind that the US government and others have already responded to areas of this draft deemed problematical. We apologize for the slow loading time of the draft–this is the only copy available and it is illegible at a lower resolution.
Update: 05/13/03
Subject: Cambodia Update – May 13, 2003
Author: Cambodia Adoptions
Date: 5/13/2003 1:49 PM
All,
The following update was sent today to all prospective adoptive parents who
have a case included in the final expansion of the initiative.
Jared Banks
======================================
Cambodia Update – May 13, 2003
GOVERNMENT TO GOVERNMENT PROCESS
The US Embassy has held additional discussions on the final expansion of the
initiative with the Royal Government of Cambodia (RGC) since our last e-mail
update on May 5, 2003. We are pleased to inform you that the discussions are
in the final stages for the government to government process. At this time we
invite the prospective adoptive parents included in the final expansion of
the initiative to submit their dossiers to the US Embassy in Phnom Penh in
preparation for processing. You may send your dossier via Federal Express or
other private courier to:
U.S. EMBASSY
27 EO STREET 240
PHNOM PENH, CAMBODIA
ATTN: ADOPTIONS TASK FORCE
Please note: For many reasons, mailing your dossier to Cambodia via parcel
post (“snail mail”) may result in significant delays in processing. There are no
deadlines for when this dossier should be submitted, however, we encourage
you to submit the paperwork at your earliest convenience. Once the Task Force
receives your dossier, you will receive an e-mail to acknowledge its receipt.
DOSSIER PREPARATION UPDATES
During a recent meeting with the RGC, the Task Force was informed that it
will not be necessary to translate your dossier from English into Khmer. The RGC
has agreed to process the dossiers in English. If you have already started the
translation, you are welcome to submit the documents you have translated,
but you are no longer required to do so. There is also one other change. Please
note that in the third example letter provided, the post-placement agreement to
the Ministry of Foreign Affairs (MOFA) should be addressed to Long Visalo, Under
Secretary of MOFA (rather than Secretary of MOFA). We have attached the
dossier instructions again to reflect this updated information.
I-600A APPROVAL
We wish to remind all families included in the initiative that you are
required to have a current I-171H (the I-600A approval notice) in order to proceed
with an adoption in Cambodia. Although your case may have been included in the
initiative based on the I-600A filing date and other criteria, your case
cannot be processed without current I-600A approval. Per the US Code of
Federal Regulations, 8 CFR 204.3(h)(3), “The approved application shall be valid for
eighteen months from its approval date.” The I-600A approval is thus valid
for 18 months. The approval cannot be extended. We have contacted the families
whose I-171H was soon to expire with separate notification of this, but the
requirement of current I-600A approval applies to all families.
For the families who have not filed a new I-600A, please also note that
according to the US Federal Code of Regulations, 8 CFR 204.3(e)(9)(ii), “If
there have been any significant changes, such as a change in the residence
of the prospective adoptive parents, marital status, criminal history,
financial resources, and/or the addition of one or more children or other
dependents to the family, the prospective adoptive parents must ensure that
the home study is amended by a home study preparer to reflect any such changes.”
As previously advised, if there have been such “significant changes” in your
home, you should submit a homestudy amendment to your local INS office.
FINGERPRINTS
As noted in the 3/20/03 update, FBI fingerprint checks are valid for 15
months. The fingerprints must be valid at the time of the adjudication of both an
I-600A (Application for Advance Processing of Orphan Petition) and the adjudication
of an I-600 (Petition To Classify Orphan As an Immediate Relative). If it has
been more than 15 months (or soon will be) since a prospective adoptive parent
did their fingerprint checks, it is necessary to re-do the fingerprints with the
local office. Prospective adoptive parents should contact their local office
for schedules and procedures. The following Internet site also has information
on the fingerprint process:
http://www.uscis.gov/graphics/formsfee/finger/fc22i600.htm
INFORMATION AND UPDATES ON YOUR CASE
The Department of State will continue to serve as your principle liaison now
on the status of your case in Cambodia. The US Embassy personnel in Phnom Penh
assigned to the Task Force can be reached via e-mail at adoptionscambodia@state.gov. Questions regarding your I-600A or re-fingerprinting should continue to be sent to the Bureau of Citizenship
and Immigration Services at this e-mail address: cambodia.adoptions@dhs.gov.
Thank you for your cooperation.
Jared Banks
+++++++++++++++++++++++++++++
Cambodia Adoptions Task Force
Office of International Affairs
U.S. Citizenship and Immigration Services
Department of Homeland Security
http://www.uscis.gov/graphics/services/resadopcam.htm
________________
REPLY TO: Cambodia.Adoptions@dhs.gov
Update: 05/05/03
Cambodia Update – May 5, 2003
GOVERNMENT TO GOVERNMENT PROCESS
The US Embassy has continued to hold discussions with the Royal
Government of Cambodia (RGC), including officials from the Cambodian Ministry of
Social Affairs, Labor, Vocational Training, and Youth Rehabilitation (MOSALVY),
regarding the government to goverment process for the cases included in
the final expansion of the initiative. These discussions have also covered
the RGC dossier requirements. Although there has been positive progress in
recent months, there is no final agreement at this time. We are pleased to
inform you, however, that the Task Force has finalized the discussions on the
dossier requirements for your case to be processed by the Cambodian government.
DOSSIER PREPARATION
In preparation for the implementation of the referral process, we
encourage you to prepare your dossier for submission to the US Embassy. The “dossier”
is the packet you will prepare to be forwarded to the Cambodian government for
processing your case. The attached document (“Dossier Requirements”)
explains the way in which the dossier will be processed and the required
contents for the dossier. You will be invited to submit your dossier to
the US Embassy in Phnom Penh has soon as a final agreement has ben reached on
the government to government process. Although we cannot provide a timeline
for when you may be able to submit the dossier, we recommend that you prepare the
necessary documents and supporting documents at your earliest convenience in
preparation for your case to be processed.
I-600A APPROVAL PACKET
The US Embassy receives your US government I-600A (Application for
Advance Processing of Orphan Petition) approval packet and visa-37 cable (the
I-600A approval notification sent overseas) directly from either your local
office or the Department of State’s National Visa Center (NVC). These pre-approval
records are retained at the US Embassy in order to adjudicate the I-600
(Petition To Classify Orphan As an Immediate Relative), which you will
submit after the adoption is complete. The Department of Homeland Security’s
U.S. Citizenship and Immigration Services (USCIS) will continue to work with
you, the local offices, and the NVC to ensure that the US Embassy has the
information necessary to adjudicate your case. The I-600A approval packet is not the
same as the dossier.
UPDATES ON YOUR CASE
The Department of State will serve as the principle liaison on the
status of your case in Cambodia. For future updates on the dossier requirements,
the status of the Cambodian government’s processing of your case, the
government-to-government referral, and the Task Force review, please
direct your questions to the US Embassy in Phnom Penh. The personnel assigned to the
Task Force can be reached via e-mail at adoptionscambodia@state.gov.
Thank you for your cooperation.
Jared Banks
+++++++++++++++++++++++++++++
Cambodia Adoptions Task Force
Office of International Affairs
Bureau of Citizenship and Immigration Services
Department of Homeland Security
http://www.uscis.gov/graphics/services/resadopcam.htm
***Families eligible for this process should have already received dossier documents from BCIS***Please note that this “government to government” processing is only applicable to families who were previously informed that they had been included in the humanitarian special initiative.
Update: 04/30/03
Ethica has attempted to obtain a copy of a proposal reportedly being developed by UNICEF for adoptions from Cambodia. To date, we have been unable to receive a copy, as we are told it is still in draft form. DOS reports continued talks between US and Cambodian officials in regard to instituting adoption reform in Cambodia which could lead to a lifting of the current moratorium.
The Department of State reported during the week of 4/8 that it had still not received a response from the Cambodian government to its proposal for the completion of the remaining special initiative cases. Also, contrary to circulating rumors, DOS states that the proposed solution for the remaining pipeline cases is NOT being considered a model for the future processing of cases in Cambodia. While the pipeline case proposal requires direct involvement from DOS in the referral process, such a process would not be instituted in future cases.
Update: 03/17/03
On March 14, Congressional representatives met with representatives of the White House Domestic Policy Office, BCIS (formerly INS) and the Department of State (DOS) regarding the Cambodia special initiative.
The remaining 97 cases are being handled in two phases – 25 cases, of which
20 have now cleared, for families with an identified child; and 72 cases awaiting
an official referral through what they are calling a “government-to-government
process.”
It is proposed that through this process the Cambodian Government will make the official
match. It is understood that this process will not prohibit consultation between the Cambodian
Government and adoption providers in making the match–a concern that had been raised in regard to ensuring that an appropriate match would be made which takes into account each child’s individual needs and each family’s ability to meet those needs.
The proposed plan also includes the provision that the US Government will adjudicate the child’s orphan
status at the front end of the process, i.e.before referral.
Timing remains uncertain. The Department has forwarded a formal proposal to the Cambodian Government and is awaiting its response. They are optimistic that the response will be favorable and will come soon, but there is no way for them to set a target date that would be meaningful at this point.
There was also some discussion of when the suspension might be lifted. The response was that the ambassador has made it a priority to work toward this goal and is in contact with UNICEF and other international organizations about setting up a process that is sufficiently transparent.
Ethica will attempt to obtain a copy of UNICEF’s proposed law.
March 6, 2003
The moratorium on international adoptions which was imposed by the Immigration Service on 12/21/01 remains in effect. Currently, families who qualified under the final expansion of the Special Humanitarian Initiative undertaken jointly by INS, the Department of State and the Royal Cambodian Government are still awaiting instructions on how to proceed. The final expansion was announced on Sept. 11, 2002–nearly six months ago. Since that time, no progress has been reported on the government to government referral process that will reportedly take place for the 70-100 families who qualify under the initiative but who have not already been referred children. Additionally, no apparent progress has been made in negotiating changes in the current Cambodian adoption system to strengthen protections for children and allow adoptions to resume.
Announcement of the Final Expansion
Details of the Final Expansion of the Initiative
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