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You've heard about adoption from Vietnam, maybe you have even had the wonderful experience of meeting a family with children from Vietnam. Now you are ready to begin the research process. But, are you truly prepared? Do you have the tools you need to match your desires with the reality of being united with a child?
Choosing an adoption agency is never easy, especially if you choose to adopt from a country that has had difficulties with adoptions in the past. One of the reasons Vietnam shut down for several years to Americans wishing to adopt was due to corruptionfrom unethical facilitators working in Vietnam (and taking advantage of the innocent and honest Vietnamese who worked tirelessly to find homes for children) and from the American-based agencies that knowingly employed them.
Many of those, including myself, who adopted before the shutdown and who remained active on groups like APV (a-parents-vietnam) and the adoption_agency_research ( AAR ) groups on Yahoo were shocked to see some of the most notorious of these suspect facilitators and agencies on the list of agencies newly licensed for Vietnam . Until authorities in both Vietnam and at the US Embassy in Hanoi investigate these people, it's up to p rospective a doptive p arents (PAPs) to do their homework and do all they can to sign on only with ethical agencies. They are many out there and they can be foundif PAPs take the time and make a concerted effort to seek them out.
Though the following may sound hard and cynical, it is the current reality. There are good agencies out there run by kind, competent, ethical, experienced people who believe that all children should have families (not vice versa). And there are agencies run by well-meaning people who get in over their heads and make mistakes. That's not criminal; it's unfortunate. And though they are few, there are, sadly, agencies for which the almighty dollar rules and may who may do anything to stay in business.
International adoption is not just about cute faces on a website. It's about opening your eyes to the reality of how the system works because you are going to be a part of it . Take all the time necessary to do your research before you sign on with any agency. You can't ask too many questions!
As such, there are several things all PAPs should do immediately to help keep the system
clean, ethical and accountable.
1. Hearing from other adoptive parents and their experiences is one of the best ways to get started. Your first stop should be the Yahoo group adoption_agency_research . This is an invaluable resource that is closed to agency employees, and it covers all adopting countries. (Unscrupulous agency employees pose as PAPs and still try to sneak on, or posts are improperly forwarded to them, but it's as well-policed as it can be.) As soon as you join, read the archives about the agencies you're interested in. Then ask your own questions. Listmates are usually generous with responses, privately.
Also realize that how well agencies confront and solve problems is a terrific indication of their overall competence. International adoption is complicated, and it has many variables. Problems arise, which are often not due to agency incompetence. Some agencies drop the ball entirely and blame the PAPs and force them to deal with these problems; others work 24/7 to solve them. Which is why you should give much more weight to recommendations from PAPs who have returned with their children, not who are in the early paperchase where little can go wrong.
And bear in mind that if an agency has glowing recommendations for its work in one country while is roundly criticized for work in another, they may have internal communications problems, or they may have simply been working with a facilitator who could not deliver.
2. Your next stop in researching agencies should be another Yahoo group, APV . The Files have information about how to choose an agency as well as a copy of the Vietnamese decree permitting adoptions. Although list rules prohibit giving out detailed agency information to the group, you can post and ask for listmates to write you privately.
3. Vietnam mandates that agencies giving out referrals have a license given to them by the Vietnamese Ministry of Justice. The list and further information are available at the website of the US Embassy in Hanoi : http://hanoi.usembassy.gov/conadoptedvisa.html
Only these agencies are permitted to process adoptions.
As of August 16, 2006 , the Ministry of Justice in Vietnam temporarily stopped receiving applications from US agencies.
DO NOT SIGN ON WITH ANY AGENCY THAT IS NOT ON THE OFFICIAL LIST AND WHO DOES NOT HAVE A LICENSE FOR ADOPTIONS IN VIETNAM !!!!!!!
If you do, you are perpetuating a system of possible fraud and corruption and have no one to blame but yourself if any problems arise and/or you end up with a child who has been trafficked or who has false identity papers.
Remember that a license is not proof of either competence or ethics.
5. The crucial issue of umbrella-ing . This is when a licensed agency permits an unlicensed agency to umbrella under it, and use the power of their license to facilitate adoptions. What may then happen is that PAPs sign on with the unlicensed agency, and may then be instructed to put the licensed agency's name on their I-600A form.
Is this, or is this not fraud?
Furthermore, when you read the I-600A form itself, it is made clear by BCIS that to make false statements is perjury and as such is a crime. So I should think that any PAP who signs with one agency, pays them, yet writes another name on the I-600A is committing both perjury and fraud. (I'd like to think no PAP would ever do such a thing. These are extremely serious and possibly criminal issues.)
The license given by the Vietnamese to American agencies is clear about this. (I've read the pertinent section.) Umbrella-ing is NOT PERMITTED.
So if you knowingly sign with an agency that is unlicensed, you are potentially perpetuating fraud and you are deliberately contravening stated regulations.
Nor should PAPs sign on with a licensed agency that permits umbrella-ing under
its name. Be sure to ask them if they allow it. If they do, ask them why. Ask them what their license states.
What is especially distressing is that some of these licensed agencies have had years of experience working in Vietnam, as well as wonderful reputations, and I find it shocking as well as morally bankrupt that they seem to be so willing to bend the rules to entice naïve PAPs to sign with them. (It is certainly not any PAP 's fault if a licensed agency lies to them about umbrella-ing.)
6. Do not sign on with ANY agency that is not forthcoming about their facilitator(s) in Vietnam . If they do not give you the name, or say they do not have that information available, take that as a warning sign . If they tell you that you will be given the name only once you pay an application fee, consider this a 5-star warning sign . Any ethical agency will be pleased to share this crucial information with PAPs. Facilitators are easily researched on the internet and through yahoo groups.
When you are given the name, verify that this is really the in-country person when you call parents who've recently adopted and who've agreed to be on the agency recommendation list. Certain agencies have recently lied about their facilitators, knowing that these people have a bad reputation and may stop PAPs from signing on.
Also ask if anyone from the US agency goes to Vietnam to check in with and supervise the Vietnamese employees. Before the shutdown, when problems with facilitators occurred, some agencies blamed the facilitators, claiming that they had no control over them, etc. That is ridiculous. An agency employee is an agency employee, whether in the US or abroad. Your agency is responsible for the conduct and standards of everyone they pay.
7. Make sure the parents you do talk to for agency references have traveled
recently. Agencies might have been competent before the shutdown, but if they have lost key employees or switched facilitators, they might not be so great any more.
8. Check with the Better Business Bureau, your state's attorney general, and other regulatory agencies to make sure there are no complaints. This isn't the most effective way to check, as if there have been lawsuits with gag clauses, complaints will be expunged.
Also check with your state licensing requirements. Most states require agency employees to have at least minimal social work training (college degrees, etc.), although this is rarely enforced.
9. Ascertain how long an agency has been working in VN. New programs aren't necessarily bad programs, but be aware that newer agencies may take longer to establish their contacts in-country and may have longer referral times, or they mind need more time to work out the kinks that can befall any new agency.
10. For agencies that worked in Vietnam prior to the shutdown, ask what kind of humanitarian aid they provided when there was no adoption money flowing in. Did they keep their humanitarian programs running? Many agencies did continue to supply support for the many years.
11. Educate yourself about the current wait time for referrals. If an agency says something that seems wildly out of sync with what other agencies are telling you, ask why. Be skeptical, not overjoyed. If it sounds too good to be true, it undoubtedly is.
12. Have a contract attorney read your contract. Many contracts contain unreasonable and sometimes shockingly unconscionable clauses absolving them of any responsibility for potential problems. Never sign a contract that contains a gag clause surely, if an agency is ethical, they won't care what PAPs say about them, will they? Never sign on with anyone who warns you not to join Yahoo groups, either. Chances are they might have something to hide from PAPs who are willing to share information.
About the Author : Karen Moline is a journalist whose articles have appeared in dozens of publications in the US , UK , and Australia . She is the author of two novels, Lunch and Belladonna , and co-author of over a dozen nonfiction books. She lives in New York with her son, adopted from Vietnam in August, 2001.
Editor's Note : This article is being run due to the staff of RainbowKids.com becoming aware that a formerly prosecuted facilitator of Vietnamese Adoptions, is currently working with a US agency. In addition, another US agency is umbrella-ed under the first agency. Due to lawsuit threats in the past, we cannot reveal the identities of either party. However, we can launch this stiff warning to our readers. YOU are responsible for doing proper research. Use the tools we have listed above, and you will have an ethical, moral and lawful adoption experience.
Legally we must offer the following disclaimer : The views, conclusions, findings and opinions of the authors are those of the authors and do not necessarily reflect the views of RainbowKids.com, its editor or staff.
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