I received this e-mail this morning.  I'm not sure where the push for 
this is coming from right now, but I am at a minimum ambivalent about 
international adoption policies and at most view them as a kind of 
genocide.  I wonder whether anyone is aware of advocacy groups that are 
coming out with counter-proposals.

-- Odeana

-------- Original Message --------
Subject: 	Support Child Rights & International Adoption - Sign On Now
Date: 	Tue, 12 May 2009 10:05:08 -0400 (EDT)
From: 	Harvard Law Prof Bartholet <[log in to unmask]>
Reply-To: 	[log in to unmask]
To: 	[log in to unmask]



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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
*PLEASE JOIN US IN ENDORSING THIS
INTERNATIONAL ADOPTION POLICY STATEMENT
*~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Dear Law Faculty Members and Child Rights Supporters:
 
We write to urge you to join us in supporting the International Adoption 
Policy Statement reprinted below.  We hope to obtain significant support 
for this Policy Statement from Faculty members in Law Schools and 
Universities in the U.S. and throughout the world specializing in 
Family, Child, Civil Rights and Human Rights Law, and from related legal 
professionals.  We believe that such support will make a difference in 
the policy debate now surrounding International Adoption.
 
As you may know, International Adoption is in crisis, with the numbers 
down significantly during each of the past four years, after steadily 
rising during the prior six decades.  This is not because of any decline 
in unparented children; there continue to be many millions of children 
in desperate need of nurturing homes, most of whom are now growing up in 
terribly inadequate institutions or on the streets.  Instead the 
reduction in International Adoption numbers is largely because of 
opposition by organizations and individuals alleging that they speak for 
the human rights of children.  They call for restrictions on 
International Adoption that include temporary and permanent moratoria on 
such adoption, preferences for in-country foster and institutional care 
over out-of-country adoption, "holding periods" that require searching 
for in-country homes for months or years before out-of-country placement 
is permitted, and the elimination of the private adoption intermediaries 
that often serve as the lifeblood of International Adoption.  They seek 
to severely limit International Adoption to last resort status.  We 
believe that International Adoption generally serves the interests of 
children who cannot be raised by their birth parents better than 
non-adoption alternatives like foster and institutional care.  We 
believe that International Adoption should be kept on the table as one 
of the options to serve the needs of unparented children worldwide.
 
This International Adoption Policy Statement, along with its Supporting 
Report, has so far been endorsed by the Center for Adoption Policy, the 
Harvard Law School Child Advocacy Program, the National Council for 
Adoption, and the American Academy of Adoption Attorneys.  To see the 
six-page Supporting Report, click here 
<http://rs6.net/tn.jsp?et=1102562123174&s=2021&e=001xwCxodS046qNV3EAUUL36mx9ZMEB-hn8F0zqGZBGjG7OogmsVcgiv3BtO6rqAY_TJSja79qBYRqRoxa_mxkvBFL4_sVXoSQJW3cPPJCIbyLLVRTS-dj5AEWScq0i64fFCK8qjhp6VtSY8TrlCBFHY4ZouyteIjn39FBNGaeueps=>.  
Competing views on the policy and legal issues are presented in treaties 
and authorities cited in that Report's footnotes 1-3.  A related 
Recommendation on International Adoption has been adopted by the 
American Bar Association (ABA) House of Delegates.  To compare, click 
here 
<http://rs6.net/tn.jsp?et=1102562123174&s=2021&e=001xwCxodS046qx9Jl8BVwsoARMvVVwnaZpt-cf3_hozlKMIOQy3EQlS-EaQFeU5k1uKPCvUsVsht0mQjWht36Vrdy2eZDLwGAVfsea5MV7ZyHpKDLxLHtL343dWTwC6Kz4D8hhqZoAjZHD-duCGVq2PDG-zo5ntCiG> 
for ABA Recommendation.
 
We urge you to join us in endorsing as individual Faculty members the 
International Policy Statement reprinted below.  *TO DO SO YOU NEED 
SIMPLY PROVIDE YOUR NAME AND AFFILIATION HERE 
<http://www.law.harvard.edu/academics/cap/ia/law_professors>.  PLEASE DO 
THIS BY TUES, MAY 26.*  We hope to go public with the full list of 
endorsements shortly after that date.  Click here 
<http://rs6.net/tn.jsp?et=1102562123174&s=2021&e=001xwCxodS046qBcjSdasFr8TJLoc_Bj383AnV2Yho7p9FLHVqI-FzuaKuBw6eTAx99uGWVKK8Pr1ttBoyza3lT0gu44m4XYQ4snx1eMQjDRlZPHK6z9S-vIYXq4ippwUsJsRHTAzyoo86yiVTbs3z56PXZaSSESzzRJtGIDtHJ6rM=> 
to view the list of the endorsing organizations and individuals, which 
will be updated regularly.
 
Please email either Elizabeth Bartholet 
<mailto:[log in to unmask]> or Mary Welstead 
<mailto:[log in to unmask]> with any questions and any 
suggestions you may have for related action.
 
Please also forward 
<http://ui.constantcontact.com/sa/fwtf.jsp?m=1102292275706&a=1102562123174&ea=oneal%40ubalt.edu> 
this message to anyone you think might be interested in joining us in 
this effort.
 

Ralph Richard Banks
/Jackson Eli Reynolds Professor of Law
Stanford Law School/
Paulo Barrozo
/Harvard University Graduate Program and
Assistant Professor of Law
Boston College Law School/
Elizabeth Bartholet
/Morris Wasserstein Professor of Law
Faculty Director, Child Advocacy Program
Harvard Law School/
Katharine T. Bartlett
/A. Kenneth Pye Professor of Law
Duke University School of Law/
Kathryn Bradley
/Senior Lecturing Fellow
Director of Legal Ethics
Duke Law School/
Margaret F. Brinig
/Fritz Duda Family Professor of Law
University of Notre Dame/
Jessica Budnitz
/Lecturer on Law, Managing Director
Child Advocacy Program
Harvard Law School/
Richard Carlson
/Professor of Law
South Texas College of Law/
James L. Cavallaro
/Clinical Professor of Law, Harvard Law School
Executive Director, Human Rights Program/
David Chambers
/Wade H. McCree, Jr., Collegiate Professor, Emeritus
Univ. of Michigan Law School/
Brenda Cossman
/Professor of Law
Univ. of Toronto Law School/
James Dwyer
/Professor of Law
William & Mary Law School/

	
Janet Halley
/Royall Professor of Law
Harvard Law School/
Joan Heifetz Hollinger
/Professor, Lecturer-in-Residence
School of Law
University of California, Berkeley/
David Kennedy
/Vice President for International Affairs
Interim Director, Watson Institute for International Studies
University Professor of Law
David and Marianna Fisher Univ. Prof.of International Relations
Brown University
Director, European Law Research Center
Harvard Law School/
Randall L. Kennedy
/Michael R. Klein Professor of Law
Harvard Law School/
Michael Meltsner
/Matthews Distinguished University Professor of Law
Northeastern Univ. School of Law/
David D. Meyer
/Assoc. Dean for Academic Affairs and Professor of Law
University of Illinois College of Law/
Martha Minow
/Jeremiah Smith, Jr. Professor of Law
Harvard Law School/
Henry J. Steiner
/Professor Emeritus
Harvard Law School/
Joseph Vining
/Hutchins Professor of Law
University of Michigan Law School/
Lynn D. Wardle
/Bruce C. Hafen Professor of Law
Brigham Young University/
Mary Welstead
/Visiting Professor in Law, Univ. Buckingham, U.K.
Visiting Fellow, Child Advocacy Program
Harvard Law School/

* *
*INTERNATIONAL ADOPTION POLICY STATEMENT*
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
 
International Adoption should be an integral part of a comprehensive 
strategy to address the problems of unparented children, together with 
the development of better temporary care for children pending permanent 
placement, the development of in-country adoption and other truly 
permanent nurturing placement options, and the provision of  social 
services to parents so that they can keep and nurture their children.
 
International Adoption is consistent with other positive social 
responses to the problems of unparented children, bringing new resources 
into poor countries to support such efforts, and developing new 
awareness of and concern for the plight of poor children and poor 
communities worldwide.
 
Adoption, whether domestic or international, generally serves children's 
interests better than any form of state-sponsored care, whether that be 
foster care or institutionalization, although there will always be 
exceptions to this general rule, including for example situations in 
which placement of a child in a permanent, nurturing kinship foster care 
situation will be preferable for that specific child to adoption.
 
Children whose original parents cannot provide permanent nurturing care 
should generally be placed as soon as possible in a permanent adoptive 
home, whether domestic or international.
 
Efforts should be made to identify in a timely way all unparented 
children and to promptly free for adoption all children who cannot or 
should not be reunited with their birth parents in the near future, and 
for whom there is no other preferable permanent parenting solution 
immediately available.
 
Children free for adoption should be placed as soon as possible in 
appropriately screened adoptive homes, whether domestic or 
international: no children should be held whether in foster care or 
institutions for any period of time for the purpose of placing them 
in-country; any in-country preference should be implemented through a 
concurrent planning strategy, planning simultaneously for both domestic 
and international adoption, and preferring domestic adoption only if it 
will involve no delay in placement for the child.
 
International Adoption should not be made more difficult for parents to 
accomplish than domestic adoption; given the inherent difficulties posed 
by adopting in a different country, efforts should be made to coordinate 
the adoption systems and related laws and policies of sending and 
receiving countries to reduce these inherent difficulties and make the 
international adoption process more comparable to the domestic process 
from the viewpoint of adoptive parents.
 
Adoption abuses, such as kidnapping and baby selling (defined as 
payments to birth parents designed to induce them to surrender their 
child and their parenting rights), should be dealt with by enforcing the 
laws prohibiting such practices, and where needed developing new laws 
and policies to discourage such practices, without unduly restricting 
the placement of unparented children in domestic or international 
adoption, and without unduly limiting the private agencies and other 
adoption intermediaries that facilitate such adoption.


*To endorse this Policy Statement, click HERE 
<http://www.law.harvard.edu/academics/cap/ia/law_professors>.*


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Child Advocacy Program | Harvard Law School | Cambridge | MA | 02138


-- 
Odeana R. Neal
Associate Professor
University of Baltimore School of Law
1420 N. Charles Street
Baltimore, MD  21201-5779

410-837-4644 (voice)
410-333-3053 (fax)
OdeanaNeal (AIM)

"Be more concerned with your character than your reputation, because your character is what you really are, while your reputation is merely what others think you are."
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