Haiti to Address Broken Adoption System

  • Posted on: 2 December 2012
  • By: Bryan Schaaf
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Adoption can be controversial.  In the case of Haiti, many orphanges are poorly managed and with little oversight.  Major challenges are a lack of livelihoods and access to family planning information and commodities.  Many children in orphanages are not really orphans as they have parents - albeit parents that could not afford them.  Trention Daniel notes Haiti is in the process of updating its adoption laws for the first time in 40 years.  This would being Haiti's adoption practices closer to international standards. 

 

PORT-AU-PRINCE, Haiti—Haiti is overhauling its adoption laws for the first time in nearly 40 years in an attempt to end practices that have allowed thousands of children to be trafficked out of the country or suffer from neglect as they languish in squalid orphanages.  The proposed legislation is meant to bring Haiti in line with international laws that seek to protect children under consideration for overseas adoptions, said Arielle Jeanty Villedrouin, general director of the government's social welfare agency. The legislation has gone before the Senate for review and awaits approval from both houses of Parliament.  The proposal includes a requirement that both biological parents give informed consent for adoptions. It also establishes Villedrouin's office as the "central authority" for all overseas adoptions, which is a requirement of the Hague Adoption Convention, and prohibits adoptions that aren't authorized by the government.  "A parent who wants to adopt a child can't just go to a website and say, 'This is a child I want.' The children aren't merchandise or cars," Villedrouin said in an interview.  Other reforms hope to help the child land in a stable home, including requirements that couples adopting a child must be married for five years, with one spouse at least 30 years old. A single person filing for adoption must be at least 35.  Adoptions will also only be permitted once all other forms of support for the child have been exhausted.

 

Ann Linnarsson, a Haiti-based child protection specialist with the UN children's agency UNICEF, welcomed the proposed changes.  "It will mean that the child being adopted needs a new family and that you will know this child has been screened," Linnarsson said. "There will be some accountability. ... The adopting parents will know that their child has not been trafficked or stolen."  The need for new legislation is acute in Haiti, where an estimated 50,000 children live in orphanages in part because many parents give up their children because they can't afford to take care of them.  Many orphanages are poorly run and have little oversight. U.S. missionaries managed to get the government to close one home last year in Carrefour, one of the cities that make up the Haitian capital region, after they noted that several children disappeared and the operators didn't offer credible explanations for what happened.  It's not entirely known how many Haitian children are trafficked into neighboring Dominican Republic or elsewhere. But UNICEF recently estimated that at least 2,000 children were smuggled across the border in 2009.  The changes were welcome news to Shasta Grimes and her husband, who have been waiting for more than two years to adopt a Haitian boy who's 5 years old.  "The laws they've had—they've been up to interpretation," the 32-year-old woman said by phone from her home in Arcadia, Florida. "It's been really difficult for anyone to know what the standard is or the correct procedure is. With legislation in place it's going to really set in place an international standard."

 

The vulnerability of Haiti's children was dramatized in the weeks after the January 2010 earthquake when Baptist missionaries from Idaho tried to take 33 children they believed were orphans to the Dominican Republic. Police arrested the Americans for lacking the proper documents to take the kids, all of whom turned out had living parents and had been voluntarily turned over to the missionaries.  Even if the new legislation passes, enforcement may prove tricky. Officials have long complained that child welfare workers lack the resources and training to investigate allegations of criminal behavior.  Over the past year, Villedrouin said, the government has closed 26 orphanages for operating in substandard conditions. She said under the new law, more "sanctions will be taken."  Absent from the legislation is any reference to Haiti's informal internal adoption system, in which parents hand over their children to other families to clean homes and do other chores in exchange for money or school tuition. Between 250,000 and 500,000 children in Haiti are forced to work as domestic servants known as "restaveks," Haitian Creole for "stay with," according to the International Organization for Migration.  The government has created a "restavek" hotline for people to call and report cases of abuse, Villedrouin said.

 

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12/4/2012
New York Times
By EMILY BRENNAN
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PORT-AU-PRINCE, Haiti — Orphanages packed with little ones dot the landscape here, some with brightly colored signs outside their gates, others unmarked on back roads. But many of the children are not actually orphans, and a campaign is under way to close as many of the institutions as possible for good. Mission Une Seule Famille en Jésus Christ is an orphanage on the outskirts of Port-au-Prince. In the courtyard of one, Chris Savini, a missionary from Illinois, rocked a 10-month-old boy to sleep. The infant’s mother had died, and his father, Luxe Étienne, overwhelmed with eight children, turned over six of them to orphanages. “He knew it was his son’s best shot,” said Mr. Savini, who arranged with the father for an American couple to adopt the baby from Mission Une Seule Famille en Jésus Christ, on the outskirts of Port-au-Prince. Such arrangements have long been commonplace here. After the earthquake in 2010, it became clear that most children in the hundreds of orphanages in Haiti have living parents, as 10 Americans were jailed for taking custody of 33 children they said they believed to be orphans and trying to cross into the Dominican Republic with them. All the children were subsequently found to have parents living in Haiti.
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Since then, a consensus has developed among government officials, children’s advocates, religious leaders and others that a new approach is required, starting with a reduction in the number of orphanages. But the transition is not easy, and some question whether the country is ready for it. Of the roughly 30,000 children in Haitian institutions and the hundreds adopted by foreigners each year, the Haitian government estimates that 80 percent have at least one living parent. The decision by Haitian parents to turn their children over to orphanages is motivated by dire poverty. Also, large families are common, and many parents unable to afford school fees believe that orphanages at least offer basic schooling and food. On a recent visit to the orphanage caring for three of his children, Mr. Étienne said he struggled to make a living as a contractor and could barely support his two children who remained at home. Their private school fees, the equivalent of $237 per year, add to his burden. “If I had enough income, I would have taken them back home,” he said, holding his cooing son.
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Under rules put in place last month to comply with the Hague Convention on Intercountry Adoptions, the Haitian government intends to play a larger role in regulating adoptions. In cases involving children who are not orphans, the government intends to meet with the birth parents at the beginning of the process to obtain their consent and offer assistance like job training if they want their children to stay with them. “We don’t want poverty to be the only motivation,” said Arielle Jeanty Villedrouin, who took charge of Haiti’s child welfare services last year. “For many cases in the past, that was the only motivation.” To reduce the number of orphanages, the government has also begun inspecting institutions here in the capital and in the far-flung provinces and trying to close those in the worst shape and reunite as many children as possible with their families. A vast majority of the orphanages are unauthorized, and only 112 are accredited. Before this year, the government did not even have a count of the institutions.
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Mission Une Seule Famille en Jésus Christ, where Mr. Étienne’s son awaits adoption, opened in 2005, but its director, Joseph Kesnel, said he picked up an application for accreditation only in October. Inspectors had not yet visited the orphanage, but there were troubling signs, including children complaining of not having enough to eat, a smell of urine and a baby without a diaper in the dirt courtyard. With a team of 160 inspectors, financed in part by Unicef, the government has reviewed 725 orphanages and has found 72 to be of such poor quality that they should close. But actually shuttering them is another matter. Since September 2011, only 26 have been closed. When one orphanage, Soeurs Rédemptrices de Nazareth, in the hills outside Port-au-Prince, was closed in June, 3 of the 64 children had to be hospitalized because of malnourishment, officials said, and others showed signs of rat bites and scabies. The director, Sister Dona Bélizaire, has been jailed on suspicion of child trafficking. Her backers have started an Internet campaign asserting t hat she is being held without cause. The closings, though, have halted, because there are so few authorized orphanages that can take in children while the government tracks down their families, said Mrs. Villedrouin, the child welfare official.
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“I should maybe close 60 or 100, but the other orphanages are already full, and I don’t have the space to relocate the children,” she said. To ease the transition, the government plans to give reunited families several hundred dollars, as well as pay for at least a year of schooling. But the more challenging issue is persuading families not to turn their children over to orphanages at all.
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Ulsonyte Pierre Louis Dauphin placed her two nieces in an orphanage, Croix Glorieuse, after their out-of-work parents could no longer care for them. Last year, she received a call from officials saying that they were closing the orphanage and that the girls had to return to relatives. Officials did not share the main reason for the closing: they suspected that workers had abused some of the children. Because the Justice Department did not have enough evidence to bring criminal charges, officials said, they confided their suspicions only with the parents whose children they believed had been victims. Officials did tell Mrs. Dauphin that the orphanage had insufficient food and poor sleeping conditions, she said. “Some people open an orphanage, and they’re helping people who need help,” she said. “But others open orphanages and don’t take care of kids, and they’re making millions.” Brad Johnson, the director of the orphanage and school at Mission of Hope Haiti, applauded the government’s goal of keeping children in families, but he said it was not likely to become a reality until Haiti’s economy improved. Many Haitians remain in such a precarious financial position, he said, that any time a family experiences a death or a job loss, parents consider placing their children in orphanages. “When there are not kids sitting on the street dying, we’ll stop having an orphanage,” he said. “Right now, the reality is that there has to be orphanages in Haiti.”
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Emily Brennan reported with the help of a grant from the International Reporting Project.

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