Kyrgyzstan Lifts Ban On International Adoptions UPDATED

A moratorium on international adoptions was imposed by the Kyrgyz government in February 2009. “The moratorium was imposed amid concerns that the Family Code insufficiently dealt with specifics regarding the oversight of the adoption process. This had led to widespread criticisms that loopholes in the law could put Kyrgyz children at risk once they were outside the country….”In addition, the lack of supervision was seen as a gateway for adoption agencies, officials, and others to take advantage of the situation by giving children away for adoption without proper background checks on adoptive parents. There were also allegations of corruption on the part of officials who would speed up adoption processes in return for bribes.”

New Law

On May 6, 2011, “Kyrgyz President Roza Otunbaeva signed into law a bill unanimously approved by parliament last month.

The new law opens the door for prospective foreign parents to adopt Kyrgyz children, but it also stipulates strict controls for the adoption process to ensure that children do not fall victim to trafficking, exploitation, or abuse.”

“According to the amended version of the Family Code, Kyrgyzstan’s Social Welfare Ministry will now oversee all adoption cases. This, Niyazalieva says, ensures strict government control.

“For instance, in the past, random adoption agencies would go inside orphanages to pick a child for adoption,” Niyazalieva says. “They would take photos of children to send to the U.S. It’s against the law — now the law bans such activities. No one from outside will have access to orphanages.”

“There will be a so-called bank with the list of all children available for adoption. Only the Social Welfare Ministry will decide which child can be placed for adoption and to which family.”

Niyazalieva and other lawmakers have also proposed that Kyrgyzstan sign the Hague Adoption Convention, which strengthens protection for adoptive children. Ratified by 83 countries, the treaty provides a framework for signatory states to work together to ensure that adoptions take place in the best interests of a child.

The draft of the new Kyrgyz Family Code was reportedly prepared a year ago but the 2010 political upheaval in the country delayed its endorsement.”

Orphanages and Waiting Families

There are an estimated 11,000 children in “120 orphanages and children’s homes. Most of the abandoned babies were born with birth defects or severe disabilities,” according to this article. Other references state very different numbers and reasonings for being in the orphanages. Local agencies who tallied the number in 2008 stated that approximately 6,000 children were in orphanages with 80% having living parents and were from families “with problems” aka “social orphans” or that were “labour migrants.” Sixty-five percent of children from these orphanages end up in jail, according to UNICEF.

“Niyazalieva and the office of the ombudsman are among those who support the idea of reinstating international adoptions, saying it would ensure a much better future for many disabled children who live in underfunded orphanages run by underpaid staff.

Most children’s homes in Kyrgyzstan largely depend on cash-strapped state funds and donations by international charity organizations. Conditions are especially dire in state-run orphanages in rural areas, where employees complain about a lack of running water and sewerage systems in children’s homes, and a shortage of proper clothes and shoes for kids.”

“Between 2006 and February 2009 — before the moratorium was put in place — 235 Kyrgyz children were adopted by families from the United States, Israel, Italy, Germany, and Australia.”

Sixty-five US prospective adoptive parents, known as the Kyrgyz 65, have been awaiting the re-opening of Kyrgyzstan.  Two children died during the shutdown. “Of the 65 children set to be adopted by American parents, 36 are in urgent need of complicated surgical procedures,” the office of Kyrgyz ombudsman told Kyrgyz media. “Their physical conditions are getting worse by every passing day.”

Kyrgyzstan Lifts Ban On International Adoptions

[Radio Free Europe/Radio Liberty 5/7/11 by Farangis Najibullah, Gulaiym Ashakeeva]

Update: US Department of State issues an adoption alert on June 2, 2011, pasted below:

“In October 2008, the previous government of Kyrgyzstan halted all intercountry adoptions in response to allegations of corruption and illegal processing. The new government has not yet implemented a new processing system, and at this time it is not possible for new intercountry adoption cases to move forward.

The Department of State continues to reach out to the Kyrgyzstan government in an effort to seek a resolution for US citizen prospective adoptive families who were in various stages of the process prior to adoptions being suspended.

A draft Law amending the Family Code to enable the government of Kyrgyzstan to establish new adoption regulations has passed its 2nd and 3rd readings in the Kyrgyz Parliament. President Otunbaeva signed the Law on May 6, 2011 and tasked the Government to bring legislation into conformity with this new Law within 3 months.

At this time, we are unable to estimate when new adoptions from Kyrgyzstan may resume. ”

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