Ethica has a very good write up on Marshall Islands adoptions

[url]http://www.ethicanet.org/item.php?recordid=MarshallIslands&pagestyle=default[/url] Marshall Islands 02/25/04 A forum was held in Hawaii to discuss the concerns about agencies and attorneys bringing pregnant women to the Marshall Islands for the purpose of adoption. Ethica attended the forum and issued an official statement on the situation. The Hawaii State Legislature is considering a bill that would ban the adoption of Marshallese children in Hawaii unless they have the "prior written approval of an appropriate court of the Republic of the Marshall Islands consenting to the adoption." Ethica has been asked to testify about Senate Bill 2607. 01/07/04 On Dec. 17th, the US Congress passed HJRes. 63 which approves the amended Compact of Free Association between the United States and the Marshall Islands. A portion of this compact addresses adoptions, and prohibits anyone traveling for adoption to enter the US under the provisions of the Compact. The Relevant Portion of the bill, which is retroactive to March 1, 2003, reads: (b) Notwithstanding subsection (a) of this section, a person who is coming to the United States pursuant to an adoption outside the United States, or for the purpose of adoption in the United States, is ineligible for admission under the Compact and the Compact, as amended. This subsection shall apply to any person who is or was an applicant for admission to the United States on or after March 1, 2003, including any applicant for admission in removal proceedings (including appellate proceedings) on or after March 1, 2003, regardless of the date such proceedings were commenced. This subsection shall have no effect on the ability of the Government of the United States or any United States State or local government to commence or otherwise take any action against any person or entity who has violated any law relating to the adoption of any person. Full Text of the Bill 12/15/03 Hawaii The Hawaii attorney general's office has launched an investigation to determine whether adoptive parents and Medicaid were double-billed for the hospital costs of women flown to the state from the Marshall Islands to give birth and then relinquish their newborn children. MARSHALL ISLANDS ADOPTION Several years ago, the Marshall Islands became a popular choice for adoptive parents. It is estimated that 500 children were placed for adoption from the Marshall Islands between 1996 and 1999, a significant number in a country whose population numbers only 56,429 according to recent World Book statistics. 39.1 percent of the population is below the age of 15. Concerns about adoption were highlighted in a report by Julianne M. Walsh. During this time, the Republic of the Marshall Islands (RMI) had no laws to regulate adoptions. As a result, reports indicate that adoption practices ranged from competent and ethical to those described by a high court judge as those of a "black market". Such practices reportedly included door-to-door solicitation for children, lack of legal representation for birth parents and inadequate legal notice to birth families. In addition, the unique culture of the Marshall Islands and its long standing history of adoptions that are basically long-term guardianships was cause for concern. Adoptions between the Marshallese and the US families were to be open, with ongoing contact. While many families and agencies respected this requirement, others did not. There was growing concern that women on the Marshall Islands might believe that their children would return to the Marshall Islands and that they did not really understand the complete severance of legal ties. In August of 1999, the RMI placed a moratorium on international adoptions, based on recommendations made by the government appointed task force. During the moratorium, the government was to enact legislation to address the adoption situation. They also invited a social worker to study adoptions and make legislative recommendations. The social worker, Jini L. Roby, released her study on adoptions from the Marshall Islands earlier this year. The author studied 73 birthmothers in the RMI and her report contains troubling statistics about the way that overseas adoptions are viewed by Marshallese women. Adoptive parents and agencies are encouraged to read the report in full. Because of a unique compact between the US and the RMI, Marshallese citizens are able to travel freely to the US without a visa. This meant that US citizens adopting from the Marshall Islands did not have to complete immigration processing for their children. On the other hand, such a lack of processing also caused concerns because the children were not "immigrants" and had not entered the US as the children of their US parents. Additionally, this ability of RMI citizens to travel freely to the US meant that some adoption agencies began bringing Marshallese citizens to the US (often to Hawaii) to do "domestic" adoptions, thus circumventing the moratorium. Although the INS tried to enforce different rules for adopted children, they were unable to do so under the terms of the compact. The moratorium was lifted in January, 2001 without any new adoption regulations in place. Discussions about adoption between US Citizens and the RMI continued, as did the immigration questions about adopted children. In the fall of 2002, the RMI government passed a new law on adoptions. Although there has been some question on whether it was actually passed, Ethica has confirmed with the US Department of State that the law did indeed pass in November of 2002. The law contains several key provisions for adoptions. Adoptions must be completed in the High Court of the Marshall Islands. (Section 2). Section 10 of the act makes it unlawful for any person to solicit the birth parents of a child to place a child for adoption; to facilitate contact between the prospective adoptive parents and the child's birth parents prior to the signing of a consent by the birth parents to adoption and to "knowingly, encouraging, advising or facilitating a person to travel outside the Republic for purposes of placing that person's child or children, whether born or unborn, for adoption. The laws provides for criminal penalties for violation of the law. Regardless of the passage of this law, some adoption agencies continue to bring Marshallese women to the US prior to birth for the purposes of adoption. Many argue that the law only applies to Marshallese citizens. Others acknowledge what the law says but believe that they are justified in continuing to do so because the Marshallese government has yet to establish an authority to enforce the law. It was announced last week that the Central Authority is to be established by October 1st to govern adoptions and that it will begin enforcing the provisions of the law. Whether or not the government of the RMI has been enforcing the law, it is clearly the intent of the Marshallese government that all adoptions should be occurring in the RMI, under the auspices of the High Court. Failure to do so shows a blatant disrespect toward the right of the Marshallese government to enact laws for the protection of its citizens. Adoption of another country's children is a privilege, not a right, and adoption agencies, attorneys and parents should do everything possible to work within the law of the country in question. The compact between the US and RMI expires on September 30th of this year and adoption and immigration provisions have been an issue. On March 31, 2003 the US and RMI agreed to the immigration provisions of the compact. One of those provisions is that those coming to the US for the purposes of adoption cannot enter under the terms of the compact. The compact is now in the House and Senate for approval, and is expected to be signed prior to September 30th. Both the House and Senate versions of the bill include the following language regarding adoptions: "Notwithstanding subsection (a) of this section, a person who is coming to the United States pursuant to an adoption outside the United States, or for the purpose of adoption in the United States, is ineligible for admission under the Compact and the Compact, as amended. This subsection shall apply to any person who is or was an applicant for admission to the United States on or after March 1, 2003, including any applicant for admission in removal proceedings (including appellate proceedings) on or after March 1, 2003, regardless of the date such proceedings were commenced. This subsection shall have no effect on the ability of the Government of the United States or any United States State or local government to commence or otherwise take any action against any person or entity who has violated any law relating to the adoption of any person." Notice that this applies to people entering pursuant to the adoption (a child adopted in the RMI) and to people entering for the purpose of adoption (birth mothers coming to the US to have children and place them for adoption). Additionally, it applies from the date of March 1, 2003 which means that many of the birth mothers already in the US could be affected. It also contains the stipulation that action can be taken against those who have violated any adoption law. Families are strongly encouraged to review all available materials before entering into adoption agreements for children of RMI citizens born in the United States. Families who have already entered into adoption agreements for children who may be impacted by the passage of the new compact may wish to seek competent legal advice as to the effects on their pending adoptions. News articles on Marshall Islands Adoption: 08/13/03 08/10/03 Yokwe online news from the Marshall Islands ------------------------------------------------------- ------------------------- Ethica, Inc. 1116 W. 7th St. Columbia TN 38401 (931) 840-4565 ethica@ethicanet.org ------------------------------------------------------- ------------------------- All original site content 2003, by Ethica, Inc.