The more I’ve learned about this, including from now adult adoptees brought to the US from another country, the more it has troubled me. Today, I came across a document about – The Legal Mandate for Ending the Modern Era of Intercountry Adoption by David M Smolin.
After describing all the high level discussions and reports – from the United Nations to The Hague, which included defining the sale of child as human trafficking. He say that these international instruments have been an important success, changing fundamentally and positively the way these subjects are understood. Unfortunately, the project of bringing intercountry adoption practice into conformity with these standards has largely been a failure. Also that applying these developing standards to the approximately 70 year history of modern intercountry adoption nets one overall conclusion: the system as a whole has failed to implement its own principles and standards.
Even within the context of most of the more positive efforts are extensive histories of systemic abuses, usually with little or no governmental provision of remedies or assistance to the persons and families deeply hurt by those abuses. Far too little, far too late. He notes that if systemic intercountry adoption is to continue, there would need to be a large-scale revision as to the implementation of norms and the provision of remedies, when norm violations occur. Trying to do intercountry adoption the same way will end up with the same un-remedied harms to children and families that we have seen over the last 70 years.
The author states his “conclusion does not mean that every international adoption has been illegal in the modern era of intercountry adoption. Some individual adoptions most likely have met international standards. Further, some nations during certain periods of time may have had practices in conformity with, or close to conformity with, international standards. However, these exceptional circumstances cannot justify the maintenance of a system of intercountry adoption which pervasively and systematically violates international standards.”
I am in favor of family preservation and decidedly not in favor of strangers taking children out of their culture and away from their native language – ever. His entire document is 23 pages long. You can read it at the link above.