Difference between revisions of "Nepal Adoption Alert"

Latest revision as of 18:43, 5 March 2015

View of Himalayas from Kathmandu valley.
Source: Wikipedia.org.

Notice: Nepali Children Abandoned in Hospitals are Subject to the U.S. Suspension on the Adjudication of Abandonment Based Adoption Petitions in Nepal (January 26, 2015)

Generally, children reported as found abandoned at a Nepal hospital would fall within the scope of the U.S. suspension of adjudication of abandonment based adoption petitions in Nepal.

We recognize that the Ministry of Women, Children and Social Welfare (MoWCSW) of the Government of Nepal has stated that street children (“foundlings”) or children found in the streets are not eligible for intercountry adoption, but that this ban by MoWCSW does not extend to children reported to be abandoned in hospitals. While children reported to be found abandoned at a hospital are not within the scope of the MoWCSW ban, these cases are within the scope of the U.S. abandonment suspension on the adjudication of adoption petitions for children in Nepal reported as having been found abandoned, unless a birth parent can be identified and proper relinquishment procedures have been followed.

Nepalese hospitals currently do not have mechanisms in place to verify the true identity of a baby’s parent(s) during the hospital admission process. Under Nepali law, birth parents cannot relinquish a child directly to the hospital. Therefore, children reported to be found abandoned at Nepali hospitals generally would not be eligible for U.S. intercountry adoption processing at this time because the origin of these children is uncertain, and the identity of the birth parents cannot be sufficiently ascertained.

Notice: U.S. Delegation Visits Nepal for Update on Government’s Child Welfare System (December 15, 2014)

Representatives from the Department of State and U.S. Citizenship and Immigration Services (USCIS) concluded a four-day visit to Nepal on November 19. The delegation was led by Ambassador Susan S. Jacobs, Special Advisor for Children’s Issues at the Department of State.

In August 2010, the Department of State and USCIS suspended processing of new adoption cases from Nepal involving children claimed to have been found abandoned because of concerns regarding the reliability of supporting documents, and because circumstances of alleged abandonments could not be verified by the U.S. government due to obstacles in the investigation of individual cases. The United States continues to process adoption cases from Nepal involving relinquishment by known birth parents. The visit’s purpose was to learn about the Government of Nepal’s current child welfare system and adoption procedures, and to demonstrate the U.S. government’s support for the Government of Nepal’s efforts to seek permanent solutions for children in need of families and safeguard the integrity of intercountry adoptions. (Note: The United States was the last receiving country to suspend adoption case processing in 2010.)

The delegation met with officials from the Nepalese Ministry of Women, Children and Social Welfare (MoWCSW), the Intercountry Adoption Management Development Board (ICAB) and selected ICAB members, the Central Child Welfare Board (CCWB), and representatives from local District Child Welfare Boards. Additionally, the delegation met with a member of the Child Care Home Monitoring Committee, Kaski District, and co-author of a recent report on monitoring of children’s homes for the Kaski (Pokhara) Office, the board of directors of Bal Mandir children’s home in Kathmandu, the former head of the Pokhara Children’s Home Operators Association, the director of the government maternity hospital, officials from the National Center for Children at Risk, and with senior and working-level officials of the Nepal Police, including the Women and Children’s Services Directorate at police headquarters.

The delegation also held informative discussions with representatives of foreign governments, including Australia, Belgium, Canada, Denmark, Finland, France, Germany, Israel, Italy, the Netherlands, Norway, Spain, Switzerland, and the United Kingdom.

The delegation hosted a roundtable discussion with 15 non-governmental organizations involved in various aspects of child welfare work in Nepal. The delegation also met separately with UNICEF and Terre des Hommes, both of which have been designated by the Government of Nepal to assist in drafting reforms to Nepal’s child welfare system. On November 19, the delegation hosted a public town hall meeting for interested stakeholders.

In these meetings, the delegation learned more about proposals to reform Nepal’s child welfare system, the circumstances under which children enter children’s homes and may become eligible for both domestic and intercountry adoption, and modifications to the country’s procedures for intercountry adoptions. Attendees at the public town hall meeting provided valuable ideas for improving Nepal’s child protection systems, including those related to adoption.

The delegation was encouraged by the Government of Nepal’s interest in partnering with the international community to further reform Nepal’s child welfare and adoption systems. Safeguards under consideration include the establishment of reasonable limits and accountability for adoption fees and services, and meaningful monitoring and oversight of children’s homes. The Department of State and USCIS are exploring next steps, including procedures to document and trace the origin of children in institutional care and how the international community might support the Government of Nepal’s efforts to strengthen its child welfare system.

Joint Department of State/U.S. Citizenship and Immigration Services Travel to Nepal (November 4, 2014)

A review team comprised of representatives of the U.S. Department of State and U.S. Citizenship and Immigration Services (USCIS) (part of the U.S. Department of Homeland Security) will travel to Nepal from November 16-20, 2014. The purpose of the trip is to learn about the Government of Nepal’s progress towards reforming its adoption system, including implementing new intercountry adoption safeguards. The review team will meet with government officials, representatives of foreign missions, and nongovernmental adoption stakeholders to discuss Nepal’s child welfare and adoption systems.

While in Nepal, the Department of State and USCIS will jointly host a public town hall meeting tentatively scheduled for November 19, 2014. If you are interested in attending this meeting, please refer to the pre-registration information on the U.S. Embassy in Kathmandu’s website.

By way of background, on August 6, 2010, the U. S. Department of State and USCIS suspended processing of new adoption cases from Nepal involving children claimed to have been found abandoned because of concerns regarding the unreliability of documents presented in support of the abandonment of these children in Nepal. Cases involving relinquishment by known birth parent(s) were not affected by the suspension.

Notice:No U.S. Adoption Service Providers Currently Authorized to Facilitate Adoptions in Nepal (July 17, 2013)

The Nepali Ministry of Women and Child Social Welfare (MWCSW) informed the U.S. Embassy in Kathmandu that as of July 1, 2013, no U.S. adoption service providers (ASP) are authorized to facilitate adoptions in Nepal. According to the MWCSW, the authorization of all adoption service providers expired on December 31, 2012. The Ministry also informed the Department that no U.S. ASPs have submitted a new application or an application to renew their authorization for the two-year period beginning on January 1, 2013.

While Nepal's adoption regulations (the Terms and Conditions and Process for Granting Approval for Adoption of Nepali Children by an Alien, 2008) permit Nepali authorized ASPs and foreign missions to submit dossiers on behalf of prospective adoptive parents, the U.S. Embassy in Kathmandu cannot execute "cover letters" or submit dossier documents to the Ministry of Women and Child Social Welfare (MWCSW) on behalf of prospective adoptive parents or otherwise serve as a de facto ASP for prospective adoptive parents. Therefore, it will not be possible for prospective adoptive parents to file an application to adopt a Nepali child until a U.S. ASP applies for and receives authorization to facilitate adoptions in Nepal in 2013-2014.

Prospective adoptive parents should also be aware that, on August 6, 2010, the U. S. Department of State and U.S. Citizenship and Immigration Services (USCIS) suspended processing of new adoption cases from Nepal involving children reported as abandoned because documents presented in support of the abandonment of these children in Nepal were unreliable. Cases involving relinquishment by known birth parent(s) were not affected by the suspension.

The U.S. Embassy in Kathmandu continues to encourage the Government of Nepal to work with the international community, including the Hague Permanent Bureau, to implement the Hague Adoption Convention and reform its adoption process to protect children and families.

We will continue to provide updates through adoption.state.gov as additional information is received. This link will also provide additional information and past adoption notices and alerts on the detailed concerns found in Nepal adoptions.

Notice: U.S. Department of State Continues to Recommend Against Adopting from Nepal (December 31, 2012)

While Nepal's adoption regulations, the Terms and Conditions and Process for Granting Approval for Adoption of Nepali Children by an Alien, 2008, permit Nepali authorized adoption service providers and foreign missions to submit dossiers on behalf of prospective adoptive parents, the U.S. Embassy in Kathmandu cannot execute "cover letters" or submit dossier documents to the Ministry of Women and Child Social Welfare (MWCSW) on behalf of prospective adoptive parents or otherwise serve as a defacto adoption service provider for prospective adoptive parents.

The Nepali Ministry of Women and Child Social Welfare (MWCSW) informed the U.S. Embassy in Kathmandu that as of December 2012, there are seven U.S. adoption service providers authorized to facilitate adoptions in Nepal at this time, and another ten U.S. adoption service providers whose authorization is pending payment of a $5000 fee to the Nepal Child Right Fund. According to the MWCSW, the authorization of all adoption service providers, including those currently authorized and those with pending authorization requests, expires on December 31, 2012. The MWCSW is currently soliciting new or renewed accreditation by international adoption service providers for dossiers submitted during a two-year period beginning on January 1, 2013.

Before embarking on an adoption in Nepal, prospective adoptive parents are strongly urged to confirm with the MWCSW that their adoption service provider is authorized to facilitate adoptions in Nepal. Contact information for the MWCSW may be found on the Country Information Sheet for Nepal. A copy of the MWCSW’s current list of Nepali authorized foreign adoption service providers may be obtained by writing to the U.S. Embassy at adoptionsnepal@state.gov.

By way of background, on August 6, 2010, the U. S. Department of State and U.S. Citizenship and Immigration Services (USCIS) suspended processing of new adoption cases from Nepal involving children claimed to have been found abandoned because documents presented in support of the abandonment of these children in Nepal were unreliable. Cases involving relinquishment by known birth parent(s) were not affected by the suspension. In December 2011, the Government of Nepal informed the U.S. Department of State that there may be a small number of children who will be found eligible for intercountry adoption by the Government of Nepal as relinquishment cases. The U.S. Department of State continues to strongly recommend that prospective adoptive parents refrain from adopting children from Nepal due to grave concerns about the reliability of Nepal’s adoption system and credible reports that children have been stolen from birth parents, who did not intend to irrevocably relinquish parental rights as required by INA 101(b)(1)(F). We also strongly urge adoption service providers not to accept new applications for adoption from Nepal.

The U.S. Embassy in Kathmandu continues to encourage the Government of Nepal to work with the international community, including the Hague Permanent Bureau, to implement the Hague Adoption Convention and reform its adoption process to protect children and families.

We will continue to keep you updated through adoption.state.gov as additional information is received. This link will also provide additional information and past adoption notices and alerts on the detailed concerns found in Nepal adoptions. Please refer to USCIS.gov for Special Instructions for How and When to File Adoption Petitions on Behalf of Nepali Children.

Source: [1]

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