There is an abundant amount of fraudulent ruses that are committed, but perhaps the most heart wrenching for the victim would have to be adoption fraud. Imagine Just for a second that you adopt a child from another country, Just to find out that the child was Illegally taken from his/her birth parents or that the child has an illness that was not disclosed to you. The devastation would be astronomical. The thought that something like this is even practiced is sickening.
The adoption policies in India are not as effective in preventing children and hopeful parents from coming victims by the hands of adoption agencies, and all others involved as in comparison to the United States. Both Indian and American governments should work vigorously to ensure the safety of their children above all. To completely understand such a concept, it is important to get acquainted with a few adoption statistics first. In India between 1999 and 2012 there have been approximately 5,138 documented adoptions to parents residing in western countries such as the U.
S. (U. S. Dept. Of State 1). While India doesn’t represent the highest umber of children adopted Internationally It Is still a large amount. This has to primarily deal with their economic Issues. In the most recent report from UNISEX, they Indicated that poverty In India Is widespread with 33% of their population below the poverty line (UNISEX 7). It is obviously in the best interest of the children to be placed into homes that can adequately care for them. According to the U. S.
Department of State, Office of Children’s Issues; there were 1 ,779 children had been adopted by willing citizens in the United States, 83 children single-handedly came from India (U. S. Dept. Of State 2). These statistics are important to be able to understand Just how many people could be affected if even a small fraction of these would end up being conducted in a fraudulent manner. This makes it even more important for each and every adoption to be handled legally. There are many statistics about adoptions as a whole but virtually none related to adoption fraud.
It Is possible that these numbers are not made public for the purpose of keeping the appeal of domestic and International adoption alive. India realistically has many more problems trying to keep their adoption practices n the straight and narrow compared to the united States, which leads to the first reason that adoption fraud prevention is struggling in India. According to Seven Lifelines, author of “Child Trafficking and Formalization”, because of economic issues, the adoption process is viewed by many as a profit-seeking activity and children are no more than a commodity on the market for exchange (Lifelines 7).
Birth-mothers of developing areas of the country are often offered immediate compensation by the offer of no medical costs in exchange for their children (E. J. Graff; The Lie we Love 6). The United States would never stand for their children being viewed or handled in this way. This outlook could end up emotionally destroying children by them being passed around from person to person who care more about how much they will make off of them versus their well-being , and emotionally destroying the birth- their own properly. In the U.
S we take pride in our children, and they are viewed as our future successors which make it vital to ensure that they are given the best possible care. As stated by E. J. Graff the author of “The Baby Business”; The United States and 66 other countries including India agreed to a treaty known as the Hogue Convention on International Adoption in 1993, which outlined that they must remain digital and do everything in their power to prevent the abduction or sale of children through the international adoption process (Graff 28).
Some would find it comforting lust in knowing that many of our worlds countries our on the same page about the protection of our children. At the same time some would be shocked that it isn’t an air-tight agreement. Where the United States seemed to take off and expand from his theory; India found they slipped through a much defined loophole in the treaty, allowing agencies both corporate and private to conduct adoptions outside the guidelines of the convention (Graff 28). As with any type of loophole, it tends to set the stage for corruption because you are technically bending the rules.
This means that people are going to continue to fall victim to the same problems that were there before the convention took place. The second factor that plays a part in the weak prevention of adoption fraud is not only a problem in India, but we also see it on a much smaller scale in the United States. As proposed by Seven Lifelines, there is a shortage in Judicial employees Inch makes for a slow moving adoption process since all adoptions must be finalized in court (Lifelines 8).
In due time hopeful parents will become frustrated and choose to take a not so legitimate route. In the end this could end up doing more harm than good by causing people that would like to adopt to pay out more money and possibly be misinformed about the condition of child they are getting is in. Another reason that a slow Judicial system causes a problem in the adoption system s because of the lack of prosecution by people who generally commit the fraud. In a study conducted by Karen Smith Rotary and Judith L.
Gibbons on the Protection of Orphaned and Vulnerable Children, they found that even when an adoption agency figures out that their foreign provider is operating under unethical practices, and they discontinue services with them, the provider will basically disappear before an Investigation can ensue (Rotary, Gibbons 6). Without being able to even begin an investigation makes it impossible to gather any evidence, which by in large there is o case that can be made against the fraudulent provider. In the United States the adoption and Judicial system also run on a slow turning wheel, but we have no choice but to wait it out.
One of the aspects of the American way is to put all of our faith in these systems that get us through our life choices. The Council on Accreditation for the Hogue Convention has given precedent to the final reason that Indian’s prevention of adoption fraud isn’t up to par in comparison to the United States. According to E. J. Graff in “The Baby Business”, the Coca does not eve enough employees in other countries to ensure that all agencies and providers are operating under the standards of the Hogue Convention (Graff 7).
This is perhaps the most disturbing reason because technically speaking it really is not Indian’s fault. Having a suitable amount of employees to cover all nations is something that should have been figured out long before the convention was even introduced. The United agencies are accredited by recruiting “professional volunteers” to go to each agency and evaluate their operations and report their findings to the Coca , these volunteers re typically directors of other well established adoption agencies in the area (Graff . Using this system isn’t costly seeing how one person is doing two Jobs.
Some may view that as a negative, but yet again not everything is perfect. On October 6th, 2000 the United States signed into law the Interconnect Adoption Act of 2000, which outlined specifics such as making it mandatory that every agency be licensed to be able to operate by following certain uniform steps (Child Welfare Information Gateway 4). This makes it even more important that all agencies in the U. S. Be valuated. It is no longer Just a treaty but now a law with consequences for failure to act. With everything bad, there is always something good that needs to be found Nothing that.
The good in this case would be that India now can use the U. S. As a model for how to conduct lawful adoption agencies and prevent fraud from taking over the system. All of the problems with wrongful adoptions in India at the end of the day can be fixed. Not necessarily over night, but over time. For example; if a universal version of the Interconnect Accreditation Act was implemented making accreditation mandatory of all agencies in the world then that alone would weed out any bad seeds that may have planted themselves in an opportunistic situation.
It shouldn’t only be the responsibility of the country and the agencies to ensure that the adoption goes correctly. Hopeful parents should also hold some personal liability. They should conduct as much research as possible on the agency itself, the country in which they would like to adopt, and also the adoption policy for the home country and foreign country. The more knowledge that you have the less likely you re to be taken advantage of. That is true for Just about anything, even something as simple as purchasing a car.
Adoption fraud is an emotionally and financially devastating act. The repercussions of such a thoughtless exploit could affect one for the rest of their lives. Even though the United States is the leader in receiving children, sending countries should follow in suit to strive for the protection of their children above all else. At the same time the United States should make it a point to Nor closer with sending countries and help them to implement legitimate policies. O conclude I will leave you with a quote; “Not flesh of my flesh, Nor bone of my bone, But still miraculously my own.