On February 28, 2003 it was reported that the moratorium on international adoptions from Romania was extended again until June 1st. New legislation regarding adoptions is being considered by the Parliament, but no decisions have been reached.

Some agencies are referring children to be processed under a special ordinance provision. It should be noted, however, that the ordinance provides for processing for children “in exceptional situations, imposed by the child’s superior interest”. While this term is not clearly defined, most agree that it was intended to provide for the processing of children with medical special needs; those whose siblings had already been adopted; or for those who are older. Some have suggested that it is in every child’s “superior interest” to be adopted. While that might be true, one must consider whether violating the “spirit of the law” will have long-term consequences. There is no guarantee that parents who enter adoption agreements for children that do not clearly merit special consideration will be able to complete their adoptions. Additionally, some agencies are urging their families to contact congressional representatives for letters of support for their adoptions. There are reportedly an increasing number of applications being filed for healthy infants under the special ordinance, many accompanied by such letters of support. Concerns have been expressed by the Department of State that the abuse of the “exceptional situations” clause could lead to the discontinuation of the Ordinance. Ethica urges agencies to use caution in referring children that do not clearly meet the conditions of the ordinance, and likewise urges Congressional offices to be aware of the possible ramifications of advocacy efforts for cases that may violate the intended use of the law.

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