UNICEF agrees with national adoption laws

You can take this as the official UN position.

Bucharest Daily News 11/30/05

UNICEF agrees with national adoption laws
Alecs Iancu

Inter-country adoptions should be used as a last solution for an orphan or an abandoned child who cannot be given a proper home otherwise and, from this point of view, Romanian laws respect the Convention for children rights and international legislation currently in effect."

Authorities must find solutions for children in their native country where their natural families are. This is why the first concern of authorities has to be the abandoned child's reintegration in its biological family," according to the regional UNICEF director, Maria Calivis.

Romania has had a special situation as regards children apt for adoption, but current laws are in line with European standards. More flexibility may be needed, but this will be solved in time, because "in a few years, the law will have to offer children the best," said Calivis.

Recent laws implemented in Romania banned inter-country adoptions except in cases when the adopting family is related to the child they want to adopt. The change of legislation came following criticism from the European Union, which said former laws were too permissive and favored child-trafficking networks.

The new laws came in effect January 1 this year and bring required provisions in order to resume the inter-country adoption process, which has been suspended the last three years.

Under the legislation, national adoptions are an absolute priority and authorities should resort to inter-country adoption only if no other form of protection can offer "appropriate care" to the child.

Even if the law is in line with European requirements and has been developed with European experts, the restrictions have been widely criticized by several countries whose citizens had begun adoption procedures in Romania, and especially by the U.S.

Recently, the Helsinki Commission interviewed several Romanian officials involved in adoption procedures and expressed criticism of the new legislation.

Last month, the Commission's co-president, Congressman Chris Smith filed a project calling on Romania to reform its adoption policies.

"The current Romanian law is based on the foolish belief that a state institution or a temporary family is preferable to an adoptive family outside of the child's native country," Smith said.

A press release from the Helsinki Commission shows that over 200 American citizens had filed inter-country adoption requests when new adoption legislation came in effect.

Smith's project acknowledges the government's wish to improve child welfare and care system, but asks for amendments regarding adoption policies to facilitate national and inter-country adoptions.

Furthermore, the congressman asked the European Union to no longer intervene in Romania's efforts to find homes for abandoned or orphan children.

"We can't just sit and allow petty policies to ruin the lives of thousands of children who need a loving home," he said.

UNICEF also acknowledges that Romania has made significant progress in child protection, but has to insist more on decentralizing specific services in the field and reducing the number of institutionalized children, Calivis said.

The child mortality rate is still high in Romania; 16.8 percent and half of the mothers and new-born children suffer from anemia. Also, there are many other children, especially in disadvantaged communities, who do not have access to education, the UNICEF regional director said.

"Romania can serve as a model for many countries in regards child protection. But this doesn't mean all problems were solved. Model means solving an issue as soon as it appears," she said.