[Congressional Record Volume 145, Number 20 (Thursday, February 4, 1999)]
[Extensions of Remarks]
[Page E140]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


        INTERCOUNTRY ADOPTION SERVICES PROVIDER REGISTRATION ACT

                                 ______
                                 

                      HON. JAMES A. TRAFICANT, JR.

                                of ohio

                    in the house of representatives

                       Thursday, February 4, 1999

  Mr. TRAFICANT. Mr. Speaker, I have re-introduced legislation to 
provide a resource to people seeking reputable agencies and 
facilitators that process intercountry adoptions. The bill, entitled 
the ``Intercountry Adoption Services Provider Registration Act,'' 
requires people licensed to process intercountry adoptions or involved 
with intercountry adoptions to register with the U.S. State 
Department's Office of Children's Issues. The agencies are required to 
disclose all addresses, employees and sources. If any agency fails to 
comply, it may suffer financial penalties or a loss of its operating 
license.
  When I became a member of this body, I vowed to give a voice to those 
with no voice and to protect people from being victimized. Accordingly, 
when a constituent from my 17th district told me about her horrible 
experience with an intercountry adoption, I was compelled to take 
action.
  My constituent and her husband had tried for many years to have a 
second child. When circumstances beyond their control would not let 
them have another child, they decided to adopt a foreign-born child. 
They researched the international adoption process and adoption 
agencies. They contacted the State Department and national adoption 
networks to gather information before proceeding with their adoption. 
Finally, they settled on what they thought to be a reputable agency 
from New Mexico. The adoption process was underway. The New Mexico 
intercountry adoption facilitator asked for and received prepayment, 
followed by several installments to cover costs. The couple understood 
that an intercountry adoption was an expensive process, but knew that 
the cost would not matter when they had a child in their arms.
  After a few months, a photograph of a three-year-old Russian girl was 
sent to the couple. They were told she was eligible for adoption. In 
order to prevent the child from being adopted by someone else, the 
couple was told to send additional monies to secure the adoption. The 
facilitator explained that the final adoption would take six to eight 
months to process. The couple gladly sent the money. What they weren't 
told was that Russia had placed a moratorium on all foreign adoptions. 
The moratorium took effect even before they were sent the photo of the 
child. The child was never placed in their home and they lost more than 
$12,000 to a foreign adoption con artist. When the adoption facilitator 
was confronted with the moratorium information, he changed the name of 
his organization and moved to another state. After several months of 
searching for the agency, the couple is suing for a refund. The case is 
pending in a New Mexico court.
  While completing research for this bill, I discovered many other 
couples who have similar horror stories of intercountry adoptions. 
Fraud, deceit and lots of money were involved in each of the tales. The 
House of Representatives must provide some consumer protection for 
persons who wish to adopt a foreign-child.
  The Hague Intercountry Adoption Convention, a convention convened to 
protect children and co-operation in respect to intercountry adoptions, 
has yet to be signed by the United States. Among other matters, this 
treaty addresses the fraudulent and unscrupulous practices of a 
minority of agencies that participate in selling children, bribing 
parents and government officials, deceiving adoptive parents and 
failing to ensure that each and every adoption is in the best interests 
of the children concerned. However, the Hague Convention gives no 
specific legal protection to any person or provide a resource regarding 
the adoption process. Each individual country must protect its 
citizens. The Intercountry Adoption Services Provider Registration Act 
will provide a much needed source of information and protection for 
prospective adoptive parents.

                          ____________________