> FAMILIES INTERNATIONAL ADOPTION AGENCY
>
> US Department of State, **CA/OCS/PRI**
>
> Adoption Regulations Docket Room
>
> SA-29
>
> 2201 C Street, NW
>
> Washington, DC 20520
>
> Dear Committee Members
>
> I hope this letter finds you well.
>
> I am an adoptive parent of two children from Romania. My wife and I
> were among the first Americans to adopt a Romanian orphan in 1990. We
> subsequently adopted our son from Romania in 1993. By 1993, adoption
> laws in Romania had changed our son (the biological brother of our
> daughter) had to remain in an orphanage for a minimum of six months to
> be free for adoption. When we traveled to Romania and first met our
> son, he was near death. He was eight months old and weighted eleven
> pounds. He had no use of his arms or legs. His crib was in located in
> a room far from caregivers in what I would call a \"dying room.\" I
> estimate that he had perhaps two more months to live.
>
> The e agency that we used in 1993, to assist use with his adoption is
> located on the West Coast. This is a large well-respected agency.
> Needless to say, the size and abundant resources at this agency\'s
> disposal did not protect my son. Their complete and utter
> mismanagement of his case nearly resulted in his death. After
> returning home, we received phone calls of concern and letters of
> apology from the agency. My wife and I spent the next few years
> rehabilitating our son and thankfully he is now a happy well adjusted
> almost eleven year old boy.
>
> As a result of this painful adoption experience, I founded Families
> International in 1995. I am currently the Executive Director of
> Families International, a small non-profit adoption agency based in
> Pittsburgh. The primary mission of Families International is to
> educate our client families so that they can make informed adoption
> decisions. This agency also stresses the importance of making
> appropriate placements. We believe that all children deserve to be
> raised in loving homes, however, children raised in orphanages have
> demanding needs and must be placed in suitable homes. This is not an
> easy task.
>
> My overriding concern with regard to these proposed Hague regulations
> is that they will force this agency to close. Families
> International\'s primary adoption program is Romania. For
> controversial reasons in my view, Romania has enforced an adoption
> moratorium for more than two years. This adoption moratorium remains
> in force today. For this reason, Families International has struggled
> simply to pay typical monthly expenses. I am confident that once this
> moratorium is lifted, Families International will be able to resume
> our mission of placing needy children with loving families. It is
> quite possible that the agency will have the capability of placing
> more than fifty children annually from Romania. With the proceeds from
> the agency fees that we would receive, the agency would then be in a
> much healthier position and be able to hire staff and expand.
>
> In my view, any pending legislation that demands of this agency
> significant time and expense to comply with new accreditation
> guidelines will severely injure the agency and our current and
> potential client families.
>
> Families International is not opposed to complying with new guidelines
> and legislation that demands agencies to document how client families
> are informed and educated with regard to health risks of the children
> they are adopting. This agency also believes that payment schedules
> can be developed so that client families financial resources are in
> some way protected. We know through our Romanian experience how fluid
> the international adoption landscape is and client families should not
> be held hostage when such uncertainty exists.
>
> In the summer of 2001, I attended an Acton Burnell meeting held in
> Washington DC, that discussed proposed regulations for the
> Intercountry Adoption Act. I along with others made critical comments
> regarding the draft regulations. Sadly, it appears that our concerns
> were ignored or misunderstood.
>
> Lastly, before I make specific references to the proposed adoption
> regulations, I firmly believe that the goal of any child welfare
> policy or regulation should focus on the needs of the abandoned
> children. Such a policy would first stress quick placements of the
> abandoned children with waiting families within the children\'s
> country of origin. If no families come forward within a reasonable
> period of time, the children should be made free for adoption
> internationally. Concurrently, governments must take necessary steps
> to stem child trafficking and corruption. Under such reasonable
> guidelines, adoption agencies can then focus on serving the best needs
> of children and families rather than spending time and money complying
> with rigorous regulations that do not serve any helpful purpose. The
> goal of these adoption regulation changes should be made with the
> children in mind, not to force Families International and other small
> agencies to close through enriching a few large agencies and the
> auditors.
>
> Specific Complaints and Concerns:
>
> 22 CFR Part 96
>
> Families International is accredited by the Commonwealth of
> Pennsylvania. All relevant information regarding to the operation of
> the agency is reviewed annually. An independent audit is also required
> for annual re-accreditation. I fear that an additional layer of
> oversight will add a cost that this agency cannot afford to pay. I
> have heard cost estimates as low as \$2,000 and as high as \$40,000
> for such audits.
>
> Subpart F,96.33(d)
>
> Cash Reserves - Families International is a small agency. As stated
> above, the agency\'s primary program is Romania. Romania has been
> closed for more than two years. Although this agency does provide
> other adoption -related services, our focus is Romania. Due to the
> fact that Romania has prohibited international adoption for so long,
> our client base has been negatively impacted and our cash reserves are
> modest. It is our hope that adoptions will resume from Romania in the
> near future. However, this regulation would require a struggling
> agency like ours maintain relatively large cash reserves. I must
> stress that Families International is experiencing difficulty through
> no fault of our own and unless exceptions are made, I view such a
> policy as short sighted and punitive.
>
> Subbpart F ,96.33 (h) Insurance - I agree that there should be
> regulations made to ensure that agencies purchase liability insurance
> to cover direct employees. Additional requirements I believe are
> excessive. Laws and regulations in other countries should be
> responsible for assuring that the overseas adoption professionals,
> drivers, etc are insured. The adoption agency should be looked to be
> responsible for every negative event that could occur during the
> adoption process.
>
> By extending the spirit of this regulation, adoption agencies should
> be held accountable if one of its lilies is involved in a plane crash,
> terrorist incident, has a miserable hotel experience, or gets food
> poisoning. Are travel agents and tour operators held to similar
> standards? I think not.
>
> International adoption is risky. In many ways the international
> adoption process is analogous to a mind field. It has to be negotiated
> slowly and cautiously. You cannot legislate risk out of adoption.
>
> One final note, through conversations that I have had with insurance
> carriers, I was notified that such policies would not be written or
> approved.
>
> **Subpart** K,a96.79(a) Accreditation Appeals - According to this
> section, if an agency\'s initial application is rejected, there is no
> provision in place to allow a second or third submission. If true,
> this policy appears to be unreasonable and un-American in spirit and
> intent. How does such a policy benefit the institution of adoption?
>
> CLOSING REMARKS
>
> There is inherent risk in all that we do. True, some choices that we
> make are far riskier than others are. From my personal experience, I
> know that pursuing an international adoption is risky. I use the
> analogy with my client families of a minefield. Many obstacles often
> exist as you negotiate an international adoption. I view my role as
> the guide through this field so that our client families face minimal
> harm and hopefully complete their adoption journey successfully.
>
> Sadly, there are no guarantees. As we know, all invasive treatments
> people seek that struggle to conquer infertility are not successful.
> Should we then write legislation demanding that all doctors comply
> with extensive administrative guidelines and guarantee clients 100%
> success at a fixed cost?
>
> Similar scenarios can be made for any business sector. So\... why is
> there such a need to hold international adoption agencies to
> unreasonable standards. It was my understanding that the spirit of the
> Hague Treaty was to minimize international child abduction and child
> trafficking. Adding reasonable protections for prospective adoptive
> parents makes sense. Far reaching changes in international adoption
> policies and practices will only result in the loss of many small
> agencies, less choice, poorer service and added cost to the adopting
> public.
>
> Thank you in advance for your time and consideration
>
> Sincerely,
>
> Geoffrey Clauss Executive Director
>
> Post Office Box 81964, Pittsburgh, Pa. 15217 Phone - (412) 362-6630
>
> Email - FIAA@ix.netcom.com
>
> **RESOLVE Of Pittsburgh, Inc. -- Spring 2001**
>
> **INTERNATIONAL ADOPTION - ONE PATH TO PARENTHOOD**
>
> **GEOFFREY CLAUSS**
>
> In the mid 80's, my wife and I struggled with infertility. We wanted
> to conceive a child, but more importantly, wanted to parent. We joined
> RESOLVE and started the process of exploring adoption. This was a
> difficult period for us, as it is with all infertile couples. We were
> involved in infertility treatments and exploring adoption options. For
> us, remaining childless was not an option. \
> \
> Choosing to adopt, was a liberating experience. The emotional strains
> associated with infertility tests and procedures ended, yet we still
> faced challenges in the adoption process. We learned to negotiate
> unexpected barriers to adoption and became parents in September of
> 1990. My wife and I were among the first Americans to adopt a Romanian
> child into the United States. We subsequently adopted our second child
> from Romania in 1993. \
> \
> In recent years, the international adoption landscape has shifted
> dramatically. Many American families now travel to China, Russia, the
> former Soviet Republics, other Eastern European countries, and Central
> America to adopt abandoned infants and young children.  For families
> considering adoption, the growth in international adoption choices has
> made the decision to adopt abroad easier.\
> \
> Through my association with the adoption community for the past twelve
> years, I have spoken with thousands of people that have adopted or
> were pursuing adoption. They often share with me their personal and
> painful infertility experiences. For many infertile couples the
> heartache caused by infertility creates the belief in them that they
> deserve to adopt the "perfect baby."\
> \
> Sadly, all children that are adopted internationally could be
> considered a high-risk group. Rather than building a family through
> adoption, an inappropriate placement can cause significant financial
> and emotional strains on a family. In some cases, families do disrupt
> adoptions. Once families decide to consider adoption, they should
> familiarize themselves with a variety of objective adoption resources
> so that they can make an informed adoption decision. \
> \
> Currently, orphanage care is the predominate childcare model worldwide
> for abandoned children. Many research findings indicate that orphanage
> living retards physical and developmental growth. Some areas of
> concern are attachment and bonding, fine and gross motor skills, and
> speech and language acquisition. Orphanages are also breeding grounds
> for infectious diseases and medicine is often in short supply.\
> \
> In contrast, when a newborn infant joins a family, it is a joyous
> occasion. Babies cry to make their needs known and are generally
> pampered throughout the day. This does not happen in the orphanage. In
> orphanages, infants are diapered, fed, and bathed according to a
> schedule. They may be left in their cribs unattended for hours at
> time. In running an orphanage, the needs of the individual child are
> sacrificed to satisfy the needs of the many. Typically, infants stop
> crying when they realize that their cries go unanswered. \
> \
> In addition to the negative consequences that orphanage living has on
> infants and young children, knowledge of the birthmother's pre-natal
> care and medical history is often unavailable. For example, the
> adoptive parents and adopted child may never know if the birthparents'
> medical history includes heart disease, cancer, or mental illness.
>
> **HOW CAN I MINIMIZE THE RISK FACTORS ASSOCIATED WITH INTERNATIONAL
> ADOPTION?**\
> \
> **1. Adopt young children** - The quality and intimacy of care
> provided in orphanages may vary greatly from those located in the same
> village, city, or country. Longitudinal studies indicate that once
> internationally adopted children join families, infants and very young
> children make greater developmental gains. \
> \
> Generally children that have lived in orphanages for an extended
> period are difficult to parent. They have learned survival skills
> specific to their situations that do not conform to family life and
> their ability to comprehend and speak English may be limited. All
> children deserve to live in loving homes rather than orphanages;
> however, older children that have lived in orphanages for many years
> often have demanding needs. They may have been neglected or been
> victims of abuse. Due to the harsh realities of orphanage life, mental
> disorders are also more prevalent in this population. \
> \
> **2. Utilize qualified medical professionals to evaluate referral
> information** - Prospective adoptive parents should have all referral
> information such as videos, and medical reports reviewed by qualified
> adoption professionals of their choice. Failure to do so may have
> serious consequences for all family members. \
> \
> **3. Understand the difference between special needs and high risk
> adoptions** - Special needs adoption refers to a child placed with a
> family that has a known diagnosed medical condition such as cerebral
> palsy, Down Syndrome, or Fetal Alcohol Syndrome. Due to the lack of
> information available on abandoned children and their biological
> families, all other international adoptions should be considered
> high-risk placements. \
> \
> **4. Become educated** - Contact adoption professionals and
> therapists, and read relevant adoption materials.
>
>  **Once I have decided to adopt internationally, what are the first
> steps?** In order to receive approval to adopt from the Immigration
> and Naturalization Service (INS), a home study interview and report
> must be completed by a qualified adoption professional. This report
> and supporting documentation must be forwarded to the INS office for
> review. \
> \
> Families must also file an I-600A form with INS and be fingerprinted.
> The fee for filing this form is \$405 and \$25 per person for
> fingerprinting. \
> \
> **How long does the adoption process take?** This is a difficult
> question to answer. There are many variables that can lengthen your
> wait. These may include but are not limited to the country you have
> selected to adopt from, the political stability of this country,
> unforeseen changes in adoption laws and regulations, and the age and
> gender of the child you are adopting. In most cases, plan for the
> adoption process to take approximately nine to twelve months after
> receiving INS approval. \
> \
> **How much does it cost to adopt internationally?** Fees may vary
> greatly from country to country and from agency to agency. Typically,
> international adoption fees for infants and young children range from
> \$15,000 to \$30,000. The fee schedules provided by agencies may or
> may not include travel expenses. \
> \
> **Should we adopt more than one child at the same time?** Prospective
> adoptive parents must remember that children adopted internationally
> no matter how young had a life and a history before joining your
> family. In most cases, it was not a happy one. Due to the many
> questions with regard to their medical and birth family history that
> go unanswered, this agency recommends adopting one child at a time
> unless they are part of a sibling group. \
> \
> **What can I do while I am waiting for a referral to prepare myself to
> parent an internationally adopted child?** Attend adoption support
> group meetings and area conferences, read relevant adoption books,
> subscribe to adoption newsletters, and become infant and child CPR
> certified. It is also helpful to keep an adoption journal to record
> your thoughts and feelings throughout the adoption process.\
> \
> **Is travel required?** Generally yes, but travel to some countries is
> optional or not permitted. In this case, children are often escorted
> by agency representatives to major cities. It is my belief that
> adoptive parents should travel when possible. Through traveling, you
> may have the opportunity to visit your child's orphanage or foster
> home. In addition, you will experience life in that country and be
> able to share your impressions with your adopted child.\
> \
> **If I do travel, when can I return home with my adopted child?** This
> depends on the specific country you have selected for your adoption.
> Between one and three weeks is the norm. \
> \
> **After I return home with my adopted child, when should I schedule
> the child's first doctor visit?** As soon as possible. It is
> recommended that all internationally adopted children be evaluated by
> a developmental pediatrician experienced with this population. This
> appointment can often be scheduled prior to traveling. At this visit,
> the doctor should re-test for infectious diseases, assess the child's
> physical and cognitive abilities, and begin the process of repeating
> all immunizations.\
> \
> **When should I start discussing adoption issues with my child?** From
> the time you first arrive home. In these early years, sharing your
> adoption story with your child should be a joyful experience. Talking
> openly about adoption with your child will also better prepare you for
> answering difficult adoption questions in later years. There are many
> good books and reference materials to assist you in addressing a
> variety of sensitive adoption topics. \
> \
> **Will I be happy with my decision to adopt internationally?** The
> answer to this question is generally yes. The vast majority of people
> are happy that they pursued adoption.
>
> Every adoptive family has their own unique adoption story. At times,
> the international adoption process can be stressful and perhaps
> overwhelming. However, seeing my son and my daughter for the first
> time were the happiest days of my life. I cannot imagine what my life
> would be like without my children. For those of you considering
> international adoption, it is certainly a journey, a journey worth
> taking. 
>
> Editor's Note: Geoffrey Clauss is the Founder and Executive of
> Families International. This agency places infants and young children
> from Romania and Guatemala. Families International also provides home
> study services for families adopting domestically and internationally.
> Mr. Clauss has been a speak at RESOLVE Symposiums and various national
> adoption conferences.