International Adoption Blog

04/21/07

Agenda Exposed

Posted by : Sandra Hanks Benoiton in International Adoption Blog at 03:55 am , 890 words, 363 views  
Categories: Adoption Advocacy
There's a paper making its way around the www these days, the link showing up on groups where slamming international adoption is a primary focus, and it is being held up as a detailed example of all that is wrong with people bringing children from other parts of the world into their families.

Not-at-all-subtly titled, "Child Laundering: How the Intercountry Adoption System Legitimizes and Incentivizes the Practices of Buying, Trafficking, Kidnapping, and Stealing Children", there's no hiding the agenda of its author. With his byline adding "Cumberland Law School, Samford University", some might be lured into thinking this is some fair-handed, legal look at the institution of international adoption that carries weight and imparts wisdom.

It ain't.

Read the whole thing if you like, but before you do please take into account a few observations I've made during my perusal.

First, of course, would have to be the emotive language that runs from title to conclusion in what can only be a thinly veiled attempt to inflame tempers, skew impressions and create a sinister atmosphere for the reader.

How's this for an example?

These systems usually involve persons at the head of the conspiracy who possess the language and literacy skills, and the financial and social position, to interact with first-world adoption agencies and prospective adoptive parents.

SPONSOR


Yep. Stick the word "conspiracy" right there at the top and color the whole thing sleazy.

Second, although there are loads of footnotes for attribution and references, many lead right back to this author and his other writings on the same topic. Apparently, he beats the same drum and isn't shy about repeating himself.

Then, there is the material itself.

Although he admits early on that, "There is, of course, no way to precisely measure the incidence of illicit child buying, stealing, kidnaping, and trafficking within the current intercountry adoption system ...", he goes on to attempt a convincing argument based on gossip, rumor and innuendo.

In private conversations within and outside the adoption world, however, it is repeatedly whispered, and perhaps accounts for a certain lack of urgency in responding to the problem.


And the following ... from a footnote!

Although it has not been covered by the Western press, the author is aware of a case from Andhra Pradesh, India where a petty-money lender indebted parents, and then proposed that they place children in an orphanage later implicated in a major Indian intercountry adoption scandal. The lender apparently told the parents that the children were only going to the hostel for temporary care. The money lender was allegedly receiving payments from the orphanage to obtain the children.


I don't know how far along this guy is in his law schooling, but he should learn someday that you can't take, "the author is aware of a case" into any court I know of.

Some things he reveals as though shocking new info steps so far into "DUH!" territory as to make one wonder why he bothers including the text:

Countries with a low per capita income and a large proportion of persons living at or near extreme poverty tend to suffer from a much higher incidence of corruption than developed nations.


He must be going for a high word count thinking it adds gravitas.

Should one get through the whole bazillion pages of this regurgitated tripe without fully registering the repetitive head-pounding point this guy seems determined to make, check out his conclusion. It leaves no doubt about what he wants to see happen to the option of international adoption.

The intercountry adoption system has become infected with a substantial degree of child laundering. This child laundering is not an inevitable feature of the system, but exists because of specific failings of law and practice within the current system. Therefore, there are three alternatives: continue the current system and allow systematic child laundering; shut down the system, or at least those parts so infected; or reform the system. This article has identified reforms that should be effective to sharply reduce the incidence of child laundering, as well as reducing the allied evils of profiteering and corruption within the adoption system. However, there are severe political difficulties with the proposals, as they are unlikely to be popular within the adoption community which dominates discourse on such issues within the United States. Vulnerable families in developing countries have little or no voice, and most stolen children never learn the tragedy of their origins. The adoption community generally resists reform. Thus, although these reforms may be rational, it is not clear that there is a rational reason to hope for their adoption.


In other words, it's not likely he'll be able to make the rules and run the show, so better shut down the whole darned thing.

This sort of pseudo-official-sounding rubbish gets tossed around a lot these days, and there are many who neglect the salt shaker when they see a schmancy watermark on a pdf or the word "Legal" attached.

For my part, it just makes me so #&*! mad!

"The adoption community generally resists reform." How dare he?

For more on getting it wrong, here's a post on how a newspaper does it. This one has a 'print and cut' handout for anyone dealing with uneducated criticism of their adoptions, and here is one that gives a long list reasons adoption is a GOOD thing.

Comments, Pingbacks:

Comment from: Chromesthesia [Member] Email
Dood.
If I read that whole thing, I'd just get stressed out...
I hate when so-called intellectuals write inaccurate stuff and pass it off as truth.
Stuff like that gets watered down for popular consumption and put into magazines and newspapers so the average American will think ALL internationally adopted babies are stolen without knowing anything about the conditions... or facts >
PermalinkPermalink 04/21/07 @ 06:23
Comment from: MamaS [Member] Email
The "law school" listed in the article is located in Alabama. Case closed.
PermalinkPermalink 04/21/07 @ 06:47
Comment from: s [Member] Email

'Countries with a low per capita income and a large proportion of persons living at or near extreme poverty tend to suffer from a much higher incidence of corruption than developed nations."

I'm assuming that the author is putting the US in the developed nations category. Which makes no sense considering the amount of corruption here! (-:

PermalinkPermalink 04/21/07 @ 07:14
Comment from: Sandra Hanks Benoiton [Member] Email · http://international.adoptionblogs.com/
I LOVE the fact that my readers are SO DARNED SMART!!!
There is hope for humanity after all. You're the proof.
PermalinkPermalink 04/21/07 @ 07:51
Comment from: Lisa [Member] Email · http://guatemala.adoptionblogs.com
Well done (as usual).
L.
PermalinkPermalink 04/21/07 @ 10:07
Comment from: John [Member] Email
Sandra, it sounds like you are not awe-struck because this man is a lawyer! Even Shakespeare talked about lawyers, they must have been just as opinionated and obstructionistic in the 1500s as they are today.

Isn't it amazing the number of people who think that if adoption can't be redone their way, the whole thing 'must' be scrapped? John
PermalinkPermalink 04/21/07 @ 13:11
Comment from: redsquare [Member] Email
I was very pleased to find this link to adoptionblogs.com. There appears to be some interesting and useful information on the site. I must, however, take some exception to some of the comments on this particular blog.

I pulled up and read the paper that is cited. This is a law review article and appears to be based upon substantive research. I also spoke with a friend who is a graduate of Samford Law School (Note to MamaS: I assume you must be a Harvard Law Grad; I've now met 3 graduates of Samford's law school and they could hold their own against anyone from the Ivy League) and he assures me that the professor who wrote this is a serious scholar and is himself the father of several internationally adopted children.

If you would read the article in its entirety, you would see that he is not a foe of international adoption. Simply burying your head in the sand does not mean that trafficking in children does not exist.

Nor is the author suggesting that ALL international adoptions involve illegal trafficking in children. He is simplying saying that this problem does in fact exist and is making some suggestions as to how it could be curbed. I don't think that he is advocating the termination of any and all international adoptions; he simply mentions that as one alternative.

As the adoptive mother of one child internationally adopted and being in the middle of a second adoption, I guess I ask myself how I would feel it I were a poor, uneducated woman and my child was taken from me against my will.

I don't mean to start a fire fight, but I felt the blog was more than a bit one-sided and did not really reflect what the author of the article was trying to convey. I am sorry if certain anti-adoption groups are using this article in their propaganda campaign, but that does not mean that the article does not have significant validity.
PermalinkPermalink 04/22/07 @ 15:23
Comment from: Sandra Hanks Benoiton [Member] Email · http://international.adoptionblogs.com/
redsquare,

Happy that you've joined us here on the blogs, and hope you do find much of interest.

To address your issues with this post, just as you took "some exception to some of the comments", I did the same with the article, which I did read.

I have no idea what the author's personal or professional status may be, but reacted to emotive language and sweeping generalizations that have no place in a document presented as research.

Since I write this blog ... not a law review ... it is fair that I present my POV when passing along items to readers. No watermarks, no pretense of academic authority, it's just little old me being offended and concerned.


PermalinkPermalink 04/22/07 @ 22:35
Comment from: desklesswrite [Member] Email
If adoptions were properly done they might not need to be 'defended' so rigorously. I did not find Professor Smolin's article to be the piece of conjecture the author of this blog thinks. It was very well documented and objective. A law review article need not be written without opinions, observations or even a smattering of inside information. It needs to be accurate and present an informed legal argument with citations. And yes, sometimes, it needs to state the boring obvious in order to create a foundation for the argument.

The declining state of international adoptions is a fact not conjecture or some far flung theory. The field is marked with outrageous fees, corruption and a mounting list of countries closed due to scandals and illegalities.

Some adoptive parents feel strongly that unless those responsible for this are stopped, adoption will not be an option for these kids. This is very far from being an anti-adoption sentiment. It is extremely pro-adoption.

Pretending international adoption is not headed for extinction on its current path isn't the answer. Taking action (including exploring the problem in a scholarly fashion) is.

Professor Smolin didn't create or exacerbate the problem. He is only holding up to the light complete with both insight and suggestions.

I haven't heard any of your solutions. Or do you feel there is no need for reform?
PermalinkPermalink 04/24/07 @ 14:15
Comment from: Sandra Hanks Benoiton [Member] Email · http://international.adoptionblogs.com/
desklesswrite,

The great majority of adoptions are 'properly done', so when the baby-with-the-bathwater mentality gets tossed around freely hackles are raised.

Thank you for the definition of a law review article. May I refer you to the wiki for 'blog'?

What you see as a 'declining state of international adoptions' many others think of as an ever-improving atmosphere of reduced corruption, and repeated incantations of "scandal, scandal, scandal" does not result in a truth that indicates the bulk of adoptions are fraught.

I did not accuse Smolin of creating a problem, simply of pulling out the stops on emotive language, and I suggested that his "smattering of inside information" is spurious and insulting.

There is need of reform in every single government, organization and institution on the planet. I have some suggestions, and work diligently for improvement in many areas, international adoption included, even though you may not be privy to any of my solutions.

PermalinkPermalink 04/25/07 @ 05:37
Comment from: desklesswrite [Member] Email
I do not agree that the great majority are properly done. China is a major exception in so far as they have shown the will to root out corruption when it has occurred.(Thailand and Taiwan are good too).

Adoption costs are extremely excessive given the cost of living in the countries where adoptions occur. Especially given that donations rarely make it to the intended recipients. For example, in Guatemala the average adoption foreign fee, not including US agency fee, CIS and travel etc, is $20,000 plus foster fees. The actual cost to process this paperwork through the process is far less than half of that and that is if the providers are paid at US rates in a country where the per capita income is below $1,000 yr. A lot of the additional money goes to 'child finders' who are paid to solicit for placements. If these children truly need homes, why woluld this be necessary?


Russia, where the relinquishments are rarely if ever called into question, was rife with extremely high fees (typical Russian adoption cost is $35,000), cash transactions outside of hotels and babies being referred to those with the 'best connections' with authorities.

Headlines have been made lately as human rights groups are currently condemning Nepal's process and its future as an adoption source country is seriously in question. The same private system is in place as was in Cambodia. The same baby selling, buying and identity laundering is occurring.

These instances are not some aberration in a generally transparent legitimate process.

I'd like to hear more about the "ever improving atmosphere of reduced corruption" you refer to. What countries are these? What makes you believe they have improved?



PermalinkPermalink 04/26/07 @ 08:22
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