[Congressional Record Volume 170, Number 172 (Wednesday, November 20, 2024)]
[House]
[Pages H6135-H6138]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
URGING THE GOVERNMENT OF UKRAINE TO REVIEW AND MODIFY ITS DECISION TO
SUSPEND ADOPTION BY FOREIGN NATIONALS WITH A VIEW TO RESUMING SUCH
ADOPTIONS
Mr. MOYLAN. Mr. Speaker, I move to suspend the rules and agree to the
resolution (H. Res. 915) urging the Government of Ukraine to review and
modify its decision to suspend adoption by foreign nationals with a
view to resuming such adoptions, particularly in cases where the mutual
concerns of the Governments of Ukraine and of the United States can be
substantially addressed.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 915
Whereas adoption, including the adoption of child nationals
of one country by adult nationals from another country, can
be a profoundly beneficial way to unite children in need of
parents with families that are eager and able to open their
hearts and homes to children, providing the benefit of a
permanent family to children who are orphaned or whose
biological parents are otherwise unable to care for them;
Whereas adoptions require government safeguards to insure
that they promote the best interest of the child and in order
to prevent the abduction, sale, exploitation, or trafficking
of children;
Whereas the Government of Ukraine has not acceded to the
Hague Convention on Intercountry Adoption, and the
circumstances of Russia's unprovoked war against Ukraine
render its accession currently difficult;
[[Page H6136]]
Whereas, since at least 1992, the Government of Ukraine has
facilitated the adoption of Ukrainian children by United
States citizens through its domestic law and process, and in
the ensuing decades both Ukraine and the United States
demonstrated that they shared the concern to protect and
ensure the best interests of the child;
Whereas, as a direct result of the Russian Federation's
unprovoked invasion of Ukraine in February 2022, the
Government of Ukraine temporarily suspended any adoption
proceedings and protocols for the placement or adoption of
its children with foreign nationals, on March 13, 2022;
Whereas the Government of Ukraine had very significant
reasons to suspend intercountry adoption in March 2022,
including that it was faced with the urgent and temporary
displacement of Ukrainian children, including those who had
been previously placed in institutional settings and
orphanages, and the impossibility or extraordinary difficulty
of conducting official business to protect and ensure the
best interests of the child while under the shock of invasion
and occupation of Ukrainian territory;
Whereas the Government of Ukraine has substantially
restored its ability to conduct official business, including
resuming the process of adoptions by Ukrainian nationals
since May 31, 2022; and
Whereas the Government of Ukraine has not lifted its
suspension of the processing of adoptions by foreign
nationals, including United States citizens, nor has it
identified a time-frame or protocol for doing so: Now,
therefore, be it
Resolved, That the House of Representatives--
(1) urges the Government of Ukraine to review and modify
its decision to suspend adoptions and preadoptive placements
of Ukrainian children by United States citizens, and to
actually and in good faith resume such adoptions in cases
where the mutual concerns of the Government of the United
States and of Ukraine to protect and ensure the best
interests of the child can be substantially addressed;
(2) recommends as particularly urgent cases in which
prospective adoptive United States parents have already
complied with the requirements under Ukrainian domestic law
for the adoption of Ukrainian children and that process has
confirmed the legitimacy of the adoptability of these
children, and cases in which the prospective adoptive United
States parents have completed the process set forth under
domestic Ukrainian law and have had their dossiers vetted and
approved by the Ukrainian Government before the suspension of
the adoptions by foreign nations on March 13, 2022;
(3) recommends that in those cases in which Ukrainian
children had already participated in ``hosting'' programs
facilitated by the Government of Ukraine and placed with
individual families within the United States prior to the
suspension of adoptions by foreign nationals, that regarding
those children which have already been determined by the
Ukrainian Government to be legally adoptable, the United
States parents be permitted to initiate the process for
adoption and be permitted to receive the preadoptive
placement of such children during the Ukrainian domestic
adoption process; and
(4) recommends that in those cases in which Ukrainian
children had already participated in ``hosting'' programs
facilitated by the Government of Ukraine and placed with
individual families within the United States prior to the
suspension of adoptions by foreign nationals, that regarding
those children whose status regarding legal adoptability
remains uncertain at this time, the United States parents be
permitted to make application to receive such children in
preadoptive placements until the Ukrainian Government either
establishes their adoptability or locates or identifies their
biological parents.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Guam (Mr. Moylan) and the gentlewoman from North Carolina (Ms. Manning)
each will control 20 minutes.
The Chair recognizes the gentleman from Guam.
General Leave
Mr. MOYLAN. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Guam?
There was no objection.
Mr. MOYLAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, on February 24, 2022, Russia launched a brutal,
unprovoked, full-scale invasion of Ukraine. In the almost 3 years since
that dark day, Ukraine has suffered countless atrocities committed by
Vladimir Putin's forces.
Russian forces are responsible for murdering more than 12,000
civilians with millions more displaced. However, Putin's war of
aggression has impacted one demographic group the most, Ukraine's
children.
Since the beginning of the war, over 500 children have been murdered
by Russian forces and over 19,000 Ukrainian children have been forcibly
abducted into Russia. According to the National Social Service of
Ukraine, over 1,800 Ukrainian children have been orphaned. These
children belonged to loving, caring families that were ripped apart by
Putin's war of aggression. They have been brutalized and traumatized by
almost 1,000 days of the most horrific conflict that Europe has seen in
decades.
These children deserve a loving home and a second chance at a happy
life. Thankfully, there are many families in the United States who wish
to welcome these children with open arms.
On March 13, 2022, the Government of Ukraine temporarily suspended
adoption proceedings and protocols for the placement or adoption of its
children with foreign nationals.
{time} 1400
This decision was made in the best interests of the children as the
Ukrainian Government struggled to conduct official business under the
shock of the early days of the invasion. However, since then, the
government has substantially restored its ability to conduct official
business.
This resolution urges the Government of Ukraine to review and modify
its decision to suspend adoptions and preadoptive placements of
Ukrainian children by U.S. citizens.
Recently, the Ukrainian Government confirmed that they will process
intercountry adoptions in limited circumstances and for persons who
have already received an official referral from the National Social
Service.
While this is a very positive step, more can be done to work with the
Government of Ukraine to speed up adoptions.
These children deserve a second chance at life. American families
stand ready with open arms to provide a healthy, safe, and stable
environment for these children.
Mr. Speaker, I urge all my colleagues to support this important
resolution, and I reserve the balance of my time.
Ms. MANNING. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of H. Res. 915, urging the Government of Ukraine to
review and modify its decision to suspend adoption by foreign nationals
with a view to resuming such adoptions, particularly in cases where the
mutual concerns of the Governments of Ukraine and the United States can
be substantially addressed.
In the beginning of this Congress, my colleague from Texas and
chairman of the Foreign Affairs Committee, Chairman McCaul, held a
number of hearings that underlined the evil actions and aims of
Russia's war against Ukraine. We looked at oversight issues, questions
regarding strategic goals, and other aspects of U.S. support for
Ukraine. All of that committee work was designed to shore up support
for the freedom of Ukrainians ahead of difficult decisions and
difficult votes about the United States' support for Ukraine's
sovereignty and its ability to defend itself against wanton,
unjustified Russian assaults.
One of the fundamental reasons to support Ukraine in this war boils
down to truth and justice, whether we will decry the depravity of
Putin's actions in Ukraine or whether we will look away. No other issue
brings this better into focus than the forcible transfer and
deportation of Ukraine's children to camps promoting indoctrination.
These are brutal war crimes, plain and simple.
We were able to meet some of these children who were able to escape
Russia at a committee hearing, and it was heartbreaking.
Due to Russia's renewed war of aggression, Ukraine limited
intercountry adoptions, including Americans seeking to adopt Ukrainian
children. On June 1, 2023, the Government of Ukraine amended its
suspension of adoptions by allowing relatives of orphaned children to
adopt. Ukraine is also processing intercountry adoptions for persons
who have already received an official referral from its National Social
Service to adopt.
We must recognize the positive steps that Ukraine has taken to permit
intercountry adoptions while promoting the welfare and safety of
Ukrainian orphans. I commend the Ukrainian Government and the
Department of State for working to address
[[Page H6137]]
such concerns, including by allowing American families the opportunity
to adopt Ukrainian children and provide them a second chance at a life
free of the miseries of war.
Furthermore, in March 2024, the United States, under President
Biden's leadership, was proud to join the International Coalition for
the Return of Ukrainian Children. The goal is to ensure the safe return
of all Ukrainian children who have been unlawfully deported or forcibly
transferred by Russia to Russia and to promote accountability for those
responsible.
Unfortunately, this Russian war has left Ukraine wounded, its
families destroyed, and its children orphaned. H. Res. 915 paves the
way for a path forward, empowering the Department of State to continue
its diplomatic engagements with the Ukrainian Ministry of Social
Policy, the National Social Service of Ukraine, and the Ukrainian
Embassy in Washington to help provide these children with families to
help raise them.
I encourage my colleagues to join in supporting this measure, in
supporting freedom and democracy for Ukraine, its people and its
children, and I reserve the balance of my time.
Mr. MOYLAN. Mr. Speaker, I yield 5 minutes to the gentleman from New
Jersey (Mr. Smith), the chair of the Subcommittee on Global Health,
Global Human Rights, and International Organizations.
Mr. SMITH of New Jersey. Mr. Speaker, when Russia launched its brutal
invasion of Ukraine on February 24, 2022, Matt and Deidre Gordon of New
Jersey were in the final stage of adopting Bogdan and Galena, an
orphaned brother and sister from Ukraine.
The Gordons had been vetted and approved as adoptive parents by both
the United States and Ukrainian Governments. They had a strong bond and
relationship, they had a deep love, and they have a deep love for those
two children and had spent precious time with them at their home in New
Jersey, including regular contact and two long home stays totaling 5
months.
In March of 2022, however, during the first weeks of the Russian
invasion, the Gordons had an appointment in Kyiv to be officially
matched with the kids. It was at that point, however, that the
Ukrainian Government temporarily suspended intercountry adoptions.
Arguably, the Government of Ukraine had reasons to suspend some
adoptions, because of the fog of war and the difficulty in doing the
requisite due diligence to safely and effectively process new adoption
requests, but the Gordon case wasn't new. Matt and Deidre and many
other Americans, hundreds of Americans, were nearing the end of the
process when it all grounded to a halt leaving, in this case, these two
children, and hundreds of other children, stranded.
Because of their deep love for their children, the Gordons have
continued to visit Bogdan and Galena, who are in an institutional
setting in Poland.
Let me just say, I did contact and wrote letters to President
Zelenskyy, and this one goes back to July, asking for a remedy and to
resolve this. We didn't even get an answer.
Mr. Speaker, I include in the Record my letter to President
Zelenskyy.
Congress of the United States,
House of Representatives,
July 28, 2023.
His Excellency Volodymyr Zelenskyy,
President of Ukraine, Via: Oksana Markarova, Ambassador,
Washington, DC.
Your Excellency: I write to urge you to review and modify
your government's decision to suspend intercountry adoptions
from Ukraine, particularly in cases in which the adoptive
Ukrainian children have already participated in American
homestays approved and facilitated by Ukrainian officials
before the suspension of the adoption process on March 13,
2022.
Throughout my tenure in the U.S. Congress, I have focused
much of my work on promoting human rights, freedom and
democracy around the world, including supporting democratic
reform in Ukraine since 1991. Similarly, I have led numerous
efforts to secure the rights and dignity of children across
the world who, due to their age and vulnerabilities, are
often tragically neglected and abused.
As the author of landmark legislation on issues pertaining
to children--including the Trafficking Victims Protection
Act, the Sean and David Goldman International Child Abduction
Prevention and Return Act and the International Megan's Law
to Prevent Child Exploitation, as well as proposals that
increased federal tax incentives to help overcome the upfront
costs of adoption--I am acutely aware of the complexity of
issues facing children internationally and the need for
government oversight of intercountry adoption to fully ensure
the ``best interest of the child'' throughout the process.
Notwithstanding your government's reasons for initially
suspending intercountry adoptions in 2022, I now urge that
Ukraine's Ministry of Social Policy (MSP) revise that
decision with a view to resuming intercountry adoptions in
cases where our mutual concerns to protect and benefit
children can be substantially addressed.
Principal examples of this include cases in which, first,
the American adoptive parents have already had their dossiers
vetted and approved by the Ukrainian government, and, second,
the Ukrainian children have been determined to be adoptable
by the Ukrainian government, and, third, the Ukrainian
children have already participated in homestays with the
American families--such cases are few and were at or very
near the end stage of the process on February 24, 2022. In
such situations, Ukrainian children have come to know and
feel themselves as part of American families. I urge your
government to seek solutions in these cases that recognize
the deep bonds that have grown between the children and
parents and, consistent with Ukrainian law and regulations,
permit adoptions to be finalized.
One family that finds itself in this situation is that of
Matt and Deidre Gordon of New Jersey, and a boy and a girl--
natural siblings--of Ukraine. After the Ukrainian government
approved the Gordons' adoption dossiers in December 2021,
their previously scheduled final appointment with MSP
officials was cancelled in the wake of the invasion. The
children, whom the Gordon parents have already come to know,
now endure the agony of war while awaiting the day when they
can reunite. Any immediate assistance you could provide in
this urgent matter will be greatly appreciated. Having worked
with the family, please know I stand ready to provide
additional information or assist in any way you deem
appropriate.
Intercountry adoption is a profoundly beneficial way to
help children in need of parents and families that are eager
and able to open their hearts and homes to benefit children.
I sincerely thank you for your strength and courage in
defending your country in the face of Russia's brutal
onslaught and urge you to help unite American families and
Ukrainian children in new family environments that will
enhance the love and lives of both parents and children.
Sincerely,
Christopher H. Smith,
Member of Congress.
Mr. SMITH of New Jersey. Mr. Speaker, there are hundreds of other
children and U.S. families in the same or similar situations, as I have
indicated.
I strongly urge my colleagues to support H. Res. 915, which
respectfully urges the Government of Ukraine to review and modify its
decision to suspend adoption by foreign nationals for adoptive parents
like the Gordons and their children.
Mr. Speaker, this resolution makes specific recommendations, which I
will put in the Record, including cases in which adoptive U.S. parents
have already completed, as I mentioned, the requirements under the
Ukrainian domestic law for the adoption of Ukrainian children and in
which the adoptability of these children has already been confirmed and
also which the adoptive U.S. parents have already had their dossiers
vetted and approved by the Ukrainian Government.
We ask them to please not delay any longer. Those kids want a loving
home, and there is one awaiting them as we speak.
Second, there are also cases in which Ukrainian children have already
participated in hosting programs facilitated by the Government of
Ukraine and placed with individuals within the U.S. before suspension
of adoption by foreign nationals.
Mr. Speaker, those kids have suffered much, certainly being in that
kind of isolation. Orphanages are there, but it is so much better to be
in a loving home. We have got a remedy sitting right at our fingertips.
I am calling on the Ukrainian Government and President Zelenskyy,
especially, to do so.
Let me also say, the Ukrainian Government resumed domestic adoptions
and did that in June of 2022. There is an apparatus, there is a
capability and a capacity to do this job.
I thank Matt and Deidre Gordon from New Jersey for bringing the needs
of these Ukrainian children to my attention.
For his extraordinary leadership and compassion, I thank former State
Senator Ray Lesniak for first suggesting that the House pass this
resolution.
Special thanks to my good friend and colleague Donald Norcross, who
helped us craft this resolution and has been there every step of the
way as the lead Democrat cosponsor. I thank Donald so much for his
leadership on this important issue.
[[Page H6138]]
I also thank Mark Milosch, the Republican staff director of the
Lantos Commission. Previous to that, when I chaired the Helsinki
Commission, he was my chief of staff there, as well. He is very, very
capable and really understands the European theater and the politics,
and he helped us draft this, as well. I also thank Trent Bunker.
This resolution deserves the full support of this body, and I urge
its adoption.
Ms. MANNING. Mr. Speaker, I yield 3 minutes to the gentleman from New
Jersey (Mr. Norcross), my friend and the lead Democrat on this
important resolution.
Mr. NORCROSS. Mr. Speaker, I thank Representative Manning for
yielding.
I rise in support of H. Res. 915. I rise today for the Ukrainian
children, those without a family, and for the Americans who wish to
give them one.
It has been over 1,000 days since Russia invaded Ukraine. Ukraine
suspended adoptions, for obvious reasons, by foreign nationals to
protect the safety of their children, but as this war continues, the
need to place these children in loving homes only grows.
Many Americans were in the process of adopting, some of those stories
we just heard. These kids are stuck in limbo as war rages on.
In my home State of New Jersey, Andres and Farrah Meha were right in
the middle of the process of adopting two of these children. They had
formed strong bonds with these kids, and they had hosted them in their
homes.
Right before this was going to work its way through the bureaucracy,
an invasion began and changed everything. A few weeks later, those
children had to return to Ukraine because of what Putin did and when
war arrived in their home cities.
{time} 1415
That is why I am urging the Ukrainian Government to resume adoptions
by American citizens. There are no allies stronger than the U.S.
Families across the U.S. stand ready with open arms to provide a
healthy, safe, and stable environment for these children who deserve
better.
I thank Ray Lesniak, who called me up to remind me that we need this
passed. He is a wonderful friend whom I have served with in the New
Jersey Senate. I thank Chris Smith for what he continues to do each and
every day.
The idea of these children who lost their families being in limbo,
there is light at the end of this rainbow, and that is the American
families who want to call them part of theirs.
Mr. Speaker, I urge all of my colleagues to engage and vote for H.
Res. 915.
Ms. MANNING. Mr. Speaker, I am prepared to close, and I yield myself
the balance of my time.
Mr. Speaker, this has been an unimaginable and agonizing time for the
Ukrainian people, especially for the Ukrainian children who, sadly,
have been pawns in this terrible war.
It has been agonizing for adoptive parents like those we heard about
today who have been waiting to give some of these children warm and
loving homes.
Mr. Speaker, this resolution is about doing what is right for Ukraine
and for the children of Ukraine who have already endured such tragedy
and hardship.
By working with Ukraine to reopen pathways for intercountry adoption,
we are extending a lifeline to children who have been caught in the
crossfire of an unjust war.
Let's make sure that, even in the darkest of times, we are creating
pathways to brighten futures.
Mr. Speaker, I hope my colleagues will join me in supporting H. Res.
915, and I yield back the balance of my time.
Mr. MOYLAN. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I thank my colleagues, Mr. Smith and Mr. Norcross, for
introducing this important resolution.
International adoption is a profound way to unite vulnerable children
with families who are eager to open their hearts and homes. There are
numerous families across the United States who want to be the light for
Ukrainian children who have been surrounded by the darkness of Putin's
war. We can offer hope to children who have been robbed of it.
Mr. Speaker, I urge my colleagues to support H. Res. 915, and I yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Guam (Mr. Moylan) that the House suspend the rules and
agree to the resolution, H. Res. 915.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. SMITH of New Jersey. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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