INTERNATIONAL ADOPTION

DISCLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS PROVIDED FOR GENERAL INFORMATION ONLY. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAW SHOULD BE ADDRESSED TO FOREIGN COUNSEL.

PLEASE NOTE

The Department of State shares your humanitarian concern for the children of the former Yugoslavia and applauds your desire to assist them in their time of need. However, at this point in time, adopting children from this region is not a feasible way to assist them. In particular, Bosnian children are not adoptable. There are a number of reasons for this. In general, adoptions are private legal matters governed by the rules of the nation where the child resides. The laws in the former Yugoslavia gave priority to adoptions by Yugoslavians, and made the adoption of Yugoslavian children by foreigners very difficult. This has not changed. All of the republics of the former Yugoslavia permit foreigners to adopt children only in exceptional and compelling circumstances. In practice, such circumstances are limited to cases involving either step-parent/step-child relationships or handicapped children. We are not aware of any indications at present that the new states plan to liberalize their laws on adoptions to make it easier for foreigners to adopt.

Also, in a country which is in turmoil, it can be difficult to determine whether children whose parents are missing are truly orphans according to adoption and immigration regulations. It is not uncommon in a war situation for parents and children to become separated when parents place their children in institutions or send them out of the area in an effort to ensure their safety. In such instances, the children are not orphans. Even when children have been truly orphaned or abandoned by their parents, they are often taken in by relatives. It is our understanding that efforts are being made to avoid uprooting the children.

AVAILABILITY OF CHILDREN FOR ADOPTION

Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans:

UNITED NATIONS HIGH COMMISSIONER ON REFUGEES (UNHCR)

POLICY ON EVACUATION

Evacuation of children from former Yugoslavia:

1. There continues to be well meant efforts by government and non-government organizations to evacuate children from conflict areas, particularly Sarajevo. UNHCR presents the following key considerations which must be taken into account when evacuation of children is being contemplated.

2. There are not more than 600,000 children under six years of age in Bosnia-Herzegovina, 281,000 of whom are in besieged cities, including 80,000 in Sarajevo. Given these numbers, it is clear that all children cannot be evacuated. Any evacuation which selects some children over others should be based on clear criteria regarding compelling need and should not be done in such a way to exacerbate ethnic tensions and conflict.

3. The primary mission of the airlifts is to bring desperately needed food and relief into Sarajevo for the besieged population. Furthermore, sufficient security between the city and airport does not exist for the use of the airlift for evacuation. In light of this security situation and in an effort to maintain the fragile airlift operation, United Nations Protection Force (UNPROFOR) and UNHCR have delineated a policy that only those persons whose medical situation is life-threatening and who cannot be treated with the facilities available in Sarajevo should be considered for evacuation by the airlift. Procedural guidelines for evacuation by airlift of such medical referral cases, including children, have been distributed.

4. Several factors indicate that evacuation is not the most appropriate solution. In fact, evaluations of past evacuations have shown that evacuation often is more harmful that helpful to the children involved. These are some of the reasons:

The trauma of being separated from the family is often greater than the trauma of remaining with the family in an area affected by hostilities and conflict.Initiative for evacuation often come from evacuation organizers rather than from parents whose emotional stress in the duress of the situation may result in decisions which might not have been taken otherwise.

Evacuations of children are often conceived as mainly logistical operation and may not necessarily be carried out by groups that have a proven record in child welfare, including assessing the best interest of the child, and in-placement experience.

There is great risk, particularly where large numbers are involved and there is lack of resources, that the situation of the child will not be adequately documented and monitored. Children may become "lost" without the possibility of eventual return to their families.

Length of separation is usually much longer than expected and may lead to estrangement of families and a loss of ethnic and cultural identity.

Where displacement and ethnic relocation are goals of the hostilities, parties might be pressured to evacuate children for this purpose. Unexpected political complications may prejudice the outcome of evacuations. Whether the children are invited into a country, and when and if they return may become political issues, particularly where proper groundwork has not been done.

5. No child should be moved without his/her primary caretaker. Respect for family unity is a guiding principle, clearly stated in the convention on the rights of the child. Every effort must be made so that the family unit remains intact and the child is not separated from the family.

6. Every effort should be made to trace the parents or other close relatives of unaccompanied minors before evacuation is considered. Unaccompanied minors are minors who are separated from both parents and are not being cared for by an adult who has responsibility to do so.

7. Adoption should not be considered if (a) there is hope of successful tracing or evidence that the parents are still alive, (b) it is against the expressed wishes of the child or the parent, or (c) unless a reasonable time (at least two years) was passed to allow for tracing information to be gathered. Staying with relatives in extended family units may be a better solution than uprooting the child completely.

8. The issue of children occupying orphanages before the outbreak of hostilities and who can be clearly documented as orphans deserves special attention. Thorough assessment of the status of these children is very important and very difficult. Recent incidents have shown that alleged orphans proved to have parents. Many unaccompanied children have living parents or close relatives with whom they may one day be reunited. If the status of an alleged orphan cannot be clearly documented, there is a risk of creating further problems of family reunification and tracing across country borders after hostilities have ended. 9. To be clarified before any evacuation of a child:

A. Conditions of release and custody placement (identity of the child, documentation, family history, issuance and preservation of records);

B. Conditions of admission and care in receiving country;

C. Measures to ensure/preserve relationships and communication with original family/original care taker;

D. Provisions for family reunion in the context of a durable solution.10. Unless the above factors are carefully considered and implemented, UNHCR will not endorse evacuations and/or request or advise governments or non-government organizations to evacuate children. UNHCR, with other humanitarian agencies on the ground, will continue to do everything possible to improve medical and social conditions locally so that the safety and integrity of the child is preserved within his or her family and community.