Adoption Update

LONG

SO...the meetings with the Vietnamese delegation DID happen and they went very well from what has been reported to me.

The meetings with the delegation, JCICS, some families and adoption agencies working in VN that took place in Indianapolis went well. Nothing was to be decided there it was just an information gathering meeting, but the delegation mentioned that they were drafting new laws for domestic and international adoptions and creating a central authority to oversee all adoptions. With that said, the laws need to be drafted, finalized and voted upon before truly becoming laws. According to VN law, news laws have to be voted on twice before being ratified. These new adoptions laws will be voted on this coming October and then again in May 2010 and hopefully pass in order to take effect January 2011 (the proposed reopening date). The delegation also said that they were more than willing to discuss an interim agreement with the US, but both sides must agree and set guidelines.

At the end of the meetings in DC it was agreed upon by both governments that they did want an interim agreement to be signed prior to the January 2011 implementation of Vietnam's central authority. It was discussed what an interim agreement would look like and most likely the first 6-12 months of the interim agreement, only special needs and relative (Vietnamese families adopting their relatives) adoptions would be allowed then after trust is built up, they would most likely move to healthy referrals, but only allowing relinquishment cases.

There is concern, by both governments, surrounding abandonment cases (where the birth mother and father are unknown) whether they are legitimate. The US is concerned that the birth mother/family' s identity is taken off of the child's record making the paperwork reflect that the child has been abandoned. In some cases this has occurred and that is a major player in why VN is currently closed to US adoptions. Until a central authority can be set up and there are checks and balances to insure this does not happen, the governments are not sure they will allow abandonment cases to go through under the interim agreement.

One of the first issues that needs to be addressed with this interim agreement is what the Vietnamese government will consider special needs. Vice Minister Tung told the US that he would return to Vietnam and begin working with their government to come up with a list of what will be considered special needs. Vice Minister Tung invited the Deputy Assistant Secretary of Overseas Citizens with the Department of State to come to Vietnam in May to discuss this particular issue further. It's good news that both governments want an interim agreement it's now just waiting to see when they will agree on terms, when they will start referring out special needs kiddos and what special needs will be considered.

Vietnam is also committed to signing the Hague Agreement on International Adoption and hopes to ratify those laws soon. Implementing the Hague could take years and that is why both governments are abdicating for an interim agreement. I'm not sure what will change, if anything, with adoptions once the Hague Agreement has been signed, but IF VN structures their new laws with the Hague Agreement in mind I can't imagine too much would change.