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Hello, I would just like to express my sympathy for your situation... I would also like to mention that I have been researching adoption for awhile (i'm only 24, so can't apply yet), I'm also Canadian, and everything is different, so while I won't say I know what you are talking about, I can say this... If you are going through an agency (which you obviously are), then you cannot do an Independent Adoption... It actually defeats the purpose of going through an agency. Independent adoptions require nerves of steele as all of the legwork must be done by you, with the assistant of an Adoption Attorney. While it is possible to do this, you must know from the start, that you need to ensure you respect the laws of your country/state as well as the child's country of origin. If you find a child on your own, adoption is possible, but not through a public agency. And it's way more risky. This is what I have learned through the past few weeks of researching different types of adoption. Again, i'm so sorry for your loss, and if you have any comments or need some support, feel free to contact me. :)
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Hi Mindy,
While I don't disagree with what you have written in general about the process of Independent Adoption being difficult, there are some misconceptions in your assumptions. Both the US and Canada follow the rules prescribed by the Hague Convention of 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption. [url]http://www.hcch.net/index_en.php?act=conventions.text&cid=69[/url] What is different is the name by which the process is called. How difficult the process is when Independent placement is entered into the equation depends on the PAP's situation and what agencies (government and private) they are receiving assistance from. There are also many factors affecting the qualification of the Perspective Adoptive Parent(s) and the Adoptee(s) that can make the process more difficult or much easier. In general, unless you are planning a Domestic Adoption and then qualifying the child for the immigration process, an accredited adoption agency is required. It makes no difference what type of adoption process the PAP's are doing. i.e. for Intercountry Adoption.
Yes, I agree, it is not advisable for PAPs seeking to adopt an unknown child to use the process of Independent Placement. Not that I recommend it, but for those with lots of money it can be the preferred choice because money makes the wheels turn faster. The only way it would be slower and more difficult for them is if there is a particular situation and a pissed-off public official looking to gain political points.
In general, the people looking to this forum follow and respect the rules otherwise they would not be looking to the forum for help.
The public agency in the Philippines (DSWD) was the agency my wife and I went to that gave us tangible help and direction. (Independent Placement) For this particular country, the public agency is the first place to start for many seeking assistance with Independent Placement with the advice of an Adoption Attorney. The purpose and reason for the process of adoption is about the childҒs welfare or it least it should be. The social workers in the public agencies typically dont have the motive of money that private practice has. If there is a way or a suggestion where the child can remain with the biological parents then the social worker can guide both the PAPҒs and the bio-parents to proper counseling.
I hope this post challenges you to do some additional research on Adoption. I think you might find that the people looking for help with Independent Placements using the Intercountry process are usually those that have no other choice and not those looking to get around the rules.
Johnny
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Thank you for that information, however I have done much research, and know, that for me personally, independent adoption would be impossible. In Quebec, these are the only ways you can adopt independently.. DIVISION 2ADOPTIONS AUTHORIZED 1. Adoption by the adopters themselves of a child domiciled outside Quǩbec7. A person may be authorized to make adoption arrangements without a certified body if (1) the proposed adoption is of a brother, sister, nephew, niece, grandson, grand-daughter, cousin, half brother or half sister of the person or of the person's spouse including a de facto spouse with whom the person has been living for at least 3 years, provided that neither the person nor the person's spouse is bound to another person by marriage, civil union or another form of conjugal union that is still valid ; (2) the proposed adoption is of a child in the care of a competent child protection or adoption authority who is domiciled in a State for which no body has been certified, if (a) the prospective adopter is or was a national of the State in which the adoption is being sought ; and (b) under the law of that State, only a person who is or was a national of that State can adopt a child domiciled in that State ; or (3) in the opinion of the Minister, owing to exceptional circumstances and for humanitarian considerations, the adoption of a child by the prospective adopter is the measure most likely to ensure the child's rights are respected owing to any of the following reasons : (a) the child is in a situation such that the child's life or health would be in serious danger if the child were not adopted by the prospective adopter ; (b) the child has a handicap or biological characteristics that cause the child's rejection by the community in the child's State of origin ; or (c) the child has been placed in the care of the prospective adopter and the prospective adopter has, for 6 consecutive months in the past 2 years in the child's State of origin, assumed the custody and supervision of the child and has fed and maintained the child and ensured the child's education because of the parents' or tutor's inability to do so. In Quebec, private or independent adoption refers to all international adoptions where the person(s) adopting is solely responsible for doing all the legwork. ([url="http://www.quebecadoption.net/adoptiona/process/privea.html#note1"] style=" color:rgb(128,0,128);"1[/url]). In an independent adoption, adopters use personal contacts abroad but must respect standard Quebec adoption procedures, as prescribed by Quebec law, with regard to all adoptions outside Quebec. Note that it is independent domestic adoption in Quebec is illegal; all adoptions of Quebec's children are done through the government social services. Adoptions in other Canadian provinces are as the law states "outside of Quebec", so they are done under the same legal rules as international adoptions outside Canada. Independent international adoption is theoretically possible in all countries except for countries like India, China, Belarus, Thailand, Korea, Bolivia and Colombia, whose law stipulates that adoptions must be conducted through a licensed facilitator. Other countries, however, do not formally prohibit independent adoption but prefer adoptions through licensed facilitators. There is no published listing of countries permitting or forbidding independent adoption. Therefore, the possibility of completing an independent adoption depends, for all intents and purposes, on the conditions and requirements of the childs country of origin and on obtaining the SAIҒs approval of your proposed adoption.Independent Adoption Is Not For Everyone Being solely responsible for all the legwork means that you alone are responsible for the entire process. You must find a contact abroad, and you must ensure that this person can provide you with a referral for a child legally available for adoption from his or her country. You are solely responsible for learning the procedures that must be followed in that foreign country ([url="http://www.quebecadoption.net/adoptiona/process/privea.html#note2"] style=" color:rgb(128,0,128);"2[/url]).For this reason, independent adoption is clearly much riskier than an adoption facilitated by a licensed agency. There are many horror stories of parents tricked by unscrupulous contacts. Some Americans found themselves in a foreign prison because their facilitator did not act in good faith. Hundreds of people, however, have completed an independent adoption from a multitude of countries, in full accordance with the laws of those countries.Should you decide to adopt independently, you will need nerves of steel. You must be extremely resourceful and you must also be very organized. Do not rely on the first thing you hear. Double-check information with several sources. Keep detailed notes of every step you take.Independent adoption is more complicated than adoption through a licensed agency because you pay the agency for helping you through the process and for its knowledge of adoption procedures in a particular country. To make things easier, parents should help one another
Hi Mindy,
Thanks for your kind words (and for naming a thread after me!). I have no idea how the Canadian system works but I have talked extensively with my agency who have worked on Independent Placements in the past and I find it hard to understand how you would do any kind of international adoption without a local accredited agency.
The fact that the Philippines seems to have put a moratorium on IPs (at least for my agency) aside, my agency has worked with PAPs and succeeded in completing the Independent Placements. I don't believe this would have been possible without my agency head having a working relationship with Dr. Laraya at ICAB. She even described the struggles she went through to accomplish this. Yes lawyers and social workers in the Philippines were involved but the main liason in the United States was the agency.
Thanks for clearing that up Cungar. I guess I misunderstood you. I thought when you referred to an Indendent placement, you meant without the aid of an agency! that's why I posted all that stuff, which indicates without the assitance of an accredited organization. I will be praying for you and your wife though... You will find the child for you, that I know for sure :)
We are not giving up. April is still with my mother in law in the Philippines (she turns 3 on Thursday) and ICAB has still not returned our application 4 months after they said they would. My agency will contact them soon and ask what they plan to do with our application. Thanks for the info.
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