INTERNATIONAL ADOPTION

IRAQ

April 2003

The Department of State has received many inquiries from American citizens concerned about the plight of the children of Iraq and wondering about the possibility of adoption. At this time, it is not possible to adopt Iraqi children, for several reasons.

In general, adoptions are private civil legal matters governed by the laws of the nation where the child resides. The process involves complex foreign and U.S. legal requirements. There is no adoption under Iraqi law, only guardianship, which the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (formerly the INS) and the Board of Immigration Appeals have deemed insufficient for the purposes of immigration under the Immigration and Nationality Act. Iraqi law has not permitted foreigners to obtain legal guardianship of Iraqi children. The Department of State does not know at this time whether Iraqi nationals living abroad may obtain legal guardianship of Iraqi orphans.

Moreover, in a crisis situation, such as the Iraqi people are experiencing at the present time, it can be extremely difficult to determine whether children whose parents are missing are truly orphans. It is not uncommon in a hostile situation for parents to send their children out of the area, or to become separated during an evacuation. Even when children are indeed orphaned or abandoned by their parents, they are often taken in by other relatives. Staying with relatives in extended family units is generally a better solution than uprooting the child completely.

The Department of State has issued a Travel Warning against to travel to Iraq at this time. There are still ways in which U.S. citizens can help the children of Iraq. Many nongovernmental organizations (NGOs) say that what is needed most at this time are financial contributions. Individuals who wish to assist can do the most good by making a financial contribution to an established NGO that will be well placed to respond to Iraq’s most urgent needs.

The Red Cross is working through the ICRC to provide humanitarian assistance in Iraq. The Red Cross and ICRC do assessments to determine needs and use monetary donations where the need is the greatest. To contact them, call 1-800-HELP-NOW. There is no mechanism to direct money to a specific child or person. The website http://www.redcross.org/ has more information on directed contributions. The United States Agency for International Development (USAID) Web site, http://www.usaid.gov/iraq, provides information on how individuals can assist.

Interaction is a Washington-based coalition of NGOs. Those interested in children’s issues/orphans may go on the website http://www.interaction.org and look at the “Guide to Appropriate Giving” and to “Emergency Relief in Iraq” both on the home page. Interested donors can read synopses on various organizations and in some cases make contributions. Interaction can also be reached at 202-667-8227.