Ukrainian President Registers Hague Ratification Bill on January 14, 2013 UPDATED

“The ratification by Ukraine of the Hague Convention on the Protection of Children and Cooperation in Respect of Inter-Country Adoption will oblige countries whose citizens adopted Ukrainian children to provide full information about the fate of the adoptees, the Ukrainian president’s children’s rights commissioner, Yuriy Pavlenko, has said.

“The ratification of the Hague Convention would oblige the countries in which Ukrainian children were adopted to provide us with full information about their fate, as the 89 countries that ratified the Convention include the United States, Italy, France, Spain, Israel, Canada, the citizens of which have adopted the most children over the period of [Ukraine’s] independence,” he told Interfax-Ukraine on Wednesday.

According to the children’s ombudsman, the major priorities of the Hague Adoption Convention are support for and the protection of the biological family, as well as comprehensive support for and the development of national adoption.

In addition, he said that inter-country adoption, in accordance with the Convention, takes place only after due consideration of all possibilities for the placement of the child within the state of origin, provided that inter-country adoption is in the child’s best interests.

“The procedure proposed by the Hague Convention ensures that the child is affected as little as possible in all processes and procedures related to inter-country adoptions,” Pavlenko said.

A bill by Ukrainian President Viktor Yanukovych on the ratification of the Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption was registered on the Web site of the Verkhovna Rada on January 14, 2013.

The Convention was adopted on May 29, 1993 in The Hague and was ratified by 89 countries.”

Ratification of Hague Adoption Convention to help learn fate of children adopted by foreigners

[Kiev Post 1/17/13]

UNICEF releases statement on this bill. See here and pasted below:

“UNICEF urges Ukraine to ratify the Hague Convention

UN Children’s Fund in Ukraine supports President Yanukovych’s initiative and urges Ukraine to ratify the Convention on Protection of Children and Co-operation in Respect of Inter-country Adoptions (the Hague Convention).

UNICEF believes that all decisions relating to children, including adoptions, should be made with the best interests of the child as the primary consideration. The Hague Convention on International Adoptions promotes transparent processes and UNICEF urges national authorities to follow the guidelines and principles laid down in the Convention.

“Lack of regulation and oversight, particularly in countries of origin, coupled with the potential for financial gain, has spurred the growth of an industry around adoption where profit, rather than the best interests of children, takes central stage. Many countries around the world have recognised the risks, and have ratified the Hague Convention on Inter-Country Adoption to protect the best interests of each individual child” – explained UNICEF Representative in Ukraine.

The procedures that the Hague Convention foresees are key elements in ensuring that inter-country adoptions take place in a way that safeguards the rights and best interest of the children involved and that combats illegal acts at all points in the process. The Hague convention is designed to ensure ethical and transparent process and sets out obligations for the authorities of countries from which children leave for adoption and those that are receiving these children. It specifies that inter-country adoption may be envisaged when no appropriate solution exists for a child, but it does not say that inter-country adoption must be considered.

“UNICEF calls on Ukraine to move forward for the soonest ratification of the Hague Convention. It is long overdue and it is not the first time the draft law is submitted to the Parliament. I really hope this time this convention will be ratified in the interest of children in Ukraine. UNICEF is ready to partner with the government to ensure effective and full implementation of the Convention in Ukraine,” – she continued.

To protect the best interests of each individual child in Ukraine, UNICEF calls for a child care reform to prevent children from being deprived of parental care, as a priority action.  When separation is in a child’s best interest, UNICEF advocates for first exploring options for in-country (national) adoption, and reuniting abounded children with close kin and family members.

Inter-country adoption is a last option, which may be open to children, and for individual children who cannot be placed in a permanent family setting in their countries of origin.  Nonetheless, it is also an important solution for some children. Full text of the UNICEF position on Inter-country adoption: http://www.unicef.org/media/media_41918.html”

REFORM Puzzle Piece

Some adoption ministries must be soiling themselves over this!

Update: “Ratification of the Ukrainian Convention on the Protection of Children and Cooperation with Respect to Inter-Country Adoption (Hague Adoption Convention) will give an opportunity to gain a real control over the destiny of the children adopted by the foreigners, a government official has said.

“I’m sure that all of the resources there were in Ukraine to monitor what happens to children adopted by foreign citizens have already been exhausted. Ukraine can’t gain anything in a unilateral way anymore,” Presidential Commissioner for Children’s Rights Yuriy Pavlenko said during a roundtable held by the Verkhovna Rada Committee on family, youth policy, sport and tourism in Kyiv on Wednesday.

According to him, the introduction of amendments to the Family Code “will mean there’s a possibility have a proper controls over what happens to a child that is adopted after the convention is ratified and comes into force.”

Pavlenko said that the convention would allow eliminate any illegal and intermediary work in Ukraine regarding inter-state adoption.”

Pavlenko: Ukraine needs to ratify Hague Adoption Convention

[Kiev Post 2/14/13]

Update 2: Ukraine is wanting more information about its foreign adoptees after the Andrew Arthur Butler case came to light last week.

“Ukraine has initiated a probe into living conditions and health of Ukrainian children adopted by foreigners, in the wake of a recent spat between Russia and the US over alleged abuse of Russian children adopted by US foster parents.

“We sent a letter to the (Ukrainian) foreign ministry with a request to conduct an investigation into living conditions and health of children adopted by foreign citizens,” said Social Policy Minister Natalia Korolevskaya.

“We must have reliable information about every child who has been registered in Ukrainian consulates and diplomatic missions around the world,” the minister said.

Korolevskaya said foreigners adopted 806 Ukrainian children in 2012.

In line with the current legislation, foster parents must file a report on the adoptee’s conditions once a year during the first three years of adoption, and later once every three years until adopted children turn 18.

“Unfortunately, some countries register low reporting rates,” Korolevskaya said.

“For instance, only 30 percent of foster families in the US provide these reports.”

The Ukrainian move comes as Moscow and Washington continue a fierce battle over Russian children adopted by US foster parents. Moscow banned US citizens from adopting Russian children last month, though a bilateral adoption agreement between the two countries remains in place until next year.

Russia said the ban was necessary to protect its children, citing numerous cases of abuse and neglect by US parents that have resulted in the deaths of at least 19 Russian adoptees since the early 1990s.

Tensions erupted again this week, with news that a three-year-old boy adopted from Russia last year died in Texas last month.

Russia has vowed to bring to trial American citizens who have allegedly evaded punishment for “serious crimes” against Russian adoptees.”

Ukraine to probe foreign adoptions

[Zee News 2/24/13 ]

A discussion of ending closed adoptions for domestic placements also occurred.

“President’s Commissioner for Children’s Rights Yuri Pavlenko has taken the initiative to cancel the closed adoption, which is regulated by the Article 228 of the Family Code of Ukraine. Currently, the relevant bill is under development. After going through all the procedures, it will be submitted to the Verkhovna Rada.

“The bill on closed adoption is in its final stages of development. The constructive suggestions have been expressed by the expertise, employees of services for children, psychologists, representatives of public organizations, who conduct consistent work in the field of children’s rights protection. In addition, we held meetings with adoptive parents and adults, who were adopted in their childhood. Number of provisions of the bill will be amended and expanded. We do not hurry to submit it. The bill will be in the Verkhovna Rada of Ukraine only when we are sure that the legislative changes will not harm any child,” Pavlenko stressed.

According to the children’s ombudsman, the child has a right to know the truth about himself.

“It is the right of the child we want to protect. The vast majority of experts and parents agree with us. Analysis of the effective Family Code has shown that the closed adoption protects the interests of adults, not children. Hiding the truth about adoption from a child, the parents seem to protect the child from the trauma, excessive attention from the third persons. In fact, sooner or later the child will learn the truth. The later it will be, the more unexpected effects this information may cause. The fact that the adoption of a child should be open does not mean that it shall be known to the third persons. Access to information on adoption will be limited, especially for the biological parents of a child,” Yuri Pavlenko said.

According to him, the bill speaks not only about the confidentiality of adoption.

“We will insist on the introduction of compulsory education of candidates for adoptive parents (now their training is carried out only on request). Experience proves that people, who want to adopt a child, cannot always objectively evaluate their capabilities, what results in bad consequences for both adults and children. We must also analyze and improve the system of control over the living conditions and upbringing of the adopted children. The current system is not quite effective,” he said.

In his view, it is virtually impossible to preserve the secrecy of adoption. “People should understand this and do not expose their child to unnecessary danger, creating needless tension in the family. Let’s be honest and sincere with a child, since the adults do not like being deceived as well,” said the President’s Commissioner for Children’s Rights said in comments.

In this respect, ForUm has decided to ask the experts, psychologists, MPs and human rights activists whether the closed adoption should be cancelled in Ukraine.

Oksana Moskalenko, coordinator of programs on children’s rights of the All-Ukrainian organization “Women’s consortium of Ukraine”:

– You know, I was in Moldova, and closed adoption is cancelled there. And they did not just cancelled it, but explained adoptive parents how to tell the child about it. There are special training programs teaching parents how to prepare a child to the fact the he was adopted and how to explain that there is nothing bad in it. If the state provides similar support to adoptive families I sand for this draft bill, if not, it would be better to wait with such innovation. The attitude towards adoption is rather negative in Ukraine. People are afraid. Everything depends on whether the state is ready to help such families and to upgrade the system in general.

Yevhen Zakharov, human rights activist, chairman of the Ukrainian Helsinki Human Rights Union:

– This issue is a kind of triangle, which includes the birth parents, adoptive parents and children. It must be taken into account that each side has the right to privacy. Yuri Pavlenko refers to the various conventions on children’s rights. Yes, there are all of these documents. However, the problem is so complex that it is impossible to create a single pattern to resolve it. In my opinion, every adoption case should be considered separately. The secrecy of adoption should be protected in some cases and disclosed in others.

Bohdan Benyuk, MP of “Freedom” (Svoboda) union, member of the committee on human rights:

– Yuri Pavlenko has been involved into the subject longer than I have, and he knows more nuances than I do. However, in my opinion, secrecy of adoption must be preserved.

There was a reason for the secrecy to be adopted in the first place – not to traumatize a child. We all know that our society is ignorant and intolerant. In my childhood, children from single-parent families or orphans were punchballs. Such children were limited in rights comparing to children who had moms and dads. Nowadays, adoption remains a complicated and painful process for children, and the society must everything for children to suffer less.

Oksana Bryk, psychologist, lecturer of social sciences faculty at the National University of Kyiv-Mohyla Academy:

– In my opinion, first of all, society should be ready to the closed adoption. Our society undergoes the active phase of changes, hence there are a lot of different views on the issue. Some people have beliefs of the older generation, and others are very progressive. Frankly, I think that such a decision is a premature one. Previously, the secrecy of adoption was considered sacred. Of course, that approach might cause negative moments: when, for example, a child found out that his parents weren’t his birth parents, it was a shock. The outcome was different. There were cases when such a child refused to communicate with his foster parents. Now the progressive point of view dominates. The child should know that he has been adopted, everyone else can know about this, and there’s nothing wrong with that. However, opinions are opinions, but every human soul is very individual and subtle. In this regard, I think that it is the right of the adoptive parents to tell him the truth. They should choose the right moment and to decide how to say this. I understand that they are not deprived of that right, but the intimate relations between the child and the parents will be lost with the abolition of the closed adoption. The relations between the adoptive parents and the child are not easy from the very start. I think that canceling the closed adoption will not contribute to the easier, simpler communicating, etc.

Yaroslav Sukhoy, MP of the Party of Regions, member of the parliamentary committee on social policy and labor:

– I stand against such initiative. I believe that disclosure of adoption secrecy must be persecuted, and offenders must face criminal responsibility. As for Pavlenko’s arguments on that closed adoption does not let to follow adopted children I can say that social services know very well who adopted a child, where he lives and how he is treated. In my opinion, we should focus on following our children adopted by foreigners. ”

Right to the truth: Should closed adoption be cancelled?

[ForUm 2/25/13]

Update 3: “If there is one silver lining from Russia’s recent ban on U.S. adoptions, it might be for Ukraine’s abandoned and orphaned children. Some are hoping that U.S.-based adoption agencies, which specialize in Russian adoptions, might look to Ukraine now – unless politics interfere.”

Ukraine hopes to see rise in foreign adoptions

[Kiev Post 2/28/13 by Olga Rudenko]

Update 4/September 24, 2013

Ukraine considered Hague for the eighth time last week. It was rejected.

“At this week’s session, for the eighth time the deputies will decide whether to ratify the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. The convention is aimed at streamlining the mechanism for intercountry adoption, which is often the last hope of older and sick children joining a family.

When the council voted for the convention, members were divided into several groups. The party Svoboda and the Communists voted against the document. The rest voted for this convention, knowing that it is an important document. The president’s party abstained from voting, although the president introduced this convention to the parliament.

Representatives of the alliance Ukraine Without Orphans spoke with Cardinal Lubomyr Husar, former head of the Ukrainian Greek Catholic Church, about orphans, orphanages,  and intercountry adoption. The cardinal’s thoughts were published on LB.ua.

Cardinal Lubomyr Husar sharply criticized the fact that the deputies still do not support the Hague Adoption Convention:

“I would take a whip and give them all a good beating, then maybe they would start to think straight. I think that people who to vote on such important matters should first of all and above all love people because this is the most important. They should try to find the best way to properly look after the children, without hindering their development. I think it is, so to speak, politicking, when some, in my opinion, false, unclear principles begin to regulate the affairs relating to the good of individual people, especially those who are vulnerable. Every child is vulnerable, but those poor children who are deprived of parental care and protection are particularly vulnerable. So I think that everyone who will vote on it in any manner – for, against, abstain – needs to think about this issue conscientiously, not – it’s a bad word in this sense – politically.”

The deputies themselves defend their actions by saying that it is difficult to control children adopted abroad.

To this the cardinal replied: “If we talk about responsible – deputies – then their actions are evidence of indifference toward children, suffering children. When talking about the content of the convention, we must be aware that the best situation of course is when a child has a father and mother who are care for him. There are many cases where a child is left without parental care for different reasons – when a child loses one or both parents, the inability of parents to ensure the child’s upbringing. Adoption is a very good outcome, because there are people who are really willing to accept the child as their own… I personally know at least one or two cases of adoption outside Ukraine, when a sick child was adopted, taken in. And now, even though the child will grow outside its normal national environment, the child will have everything needed for normal development: care, schools, preparation for mature life. One doesn’t have to regard this as the ideal outcome, but it is quite possible.”

Cardinal Lubomyr also drew attention to the poor state of orphanages for children in Ukraine: “There is evidence from various people that the state of orphanages is bad, that there is a lot of abuse, theft, that children are not provide with what the state assigns to them, that children starve, suffer. In short, this issue is very relevant. So I think that to postpone this, as was already done many times, is on the one hand an expression of indifference, and on the other hand, I’m sorry that I have to say it, a kind of cruelty. It is a failure to understand the situation.”

The United Nations Children’s Fund (UNICEF) calls on Ukraine to speed up the ratification of the Hague Adoption Convention to strengthen the protection of adopted children and further reform the system, which provides care for them. This was reported by UNICEF Representative in Ukraine Yukie Mokuo.”

Lubomyr Husar Criticizes Deputies for Postponing Ratification of Hague Adoption Convention

[RISU 9/17/13]