The Sale of Children in Interstate an D Foreign Commerce. Much of The
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.COMINT RESOME ED 171 1119 PS 01 645 TITLE Sale of Children in-7terst ate and Foreign Commerce. Hearings Before theSubcommittee on Criminal Justice of the Committee on the Judiciary, Ho-use. of Representatives, Ninety-Fifth Congress, First Session. INSTITUTION Congress of theU. S. , Washington, D.C.House Committeeon the Judi ary. PUE DATE 79 NOTE 110p. ME01/PC05 Plus Post _A ED RS PRICE 'Adoption; Agencies; *Federal Legi station ;*Federal DESCRIPTORS Regulation; Foster Family; Government Role; Infants; Laws; *Legal Responsibility ;*Social Problems ;Unwed Mothers IDENTIFIERS Congress 95th; Mann Act ABSTRACT These Congressionalsearing s consist of public testimony before the House Judiciary committee sSubcommittee on Criminal Justice concerning proposed legislationdesigned to prohibit the _sale of children in interstate an dforeign commerce. Much of the testimony to cuses on the increasingly widespread,marginally legal practices of selling infants into ado Ttion andprivately arranging adoptions for a fee. Problems of construct ingprecise legislative language to criminalize and halt black marketbaby sales are discussed. Included is testimony counter to theintent of the proposed legislation.(RH) ****** **** **** *********** ********** Reproductions supplied by EDF S are the best that canbe made from the original document. ******************-******************** *** SALE OF CHILDREN IN INTERSTATE AND FOREIGN COMMERCE DEPARTMENT OF HEALTH, EDUCATION k WELFARE NATIONAL INSTITUTE OF EDUCATION THIS DOCUMENT HAS BEEN REPRO- DUCED EXACTLY AS RECEIVED FROM THE PERSON OR ORGANIZATION ORIGIN. ATM° IT POINTS OF VIEW OR OPINIONS STATED DO NOT NECESSARILY RERRE. SENT OFFICIAL NATIONAL INSTITUTE OF EDUCATION POSITION OR POLICY HEARINGS BEFORE THE SUBCOMMITTEE ON CRIMINAL JUSTICE OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES NENETy-FIFTH CONGRESS FIRST SESSION ON SALE OF CHILDREN IN INTERSTATE AND FOR :OA 'ARCH MARCH 21 AN])4111.1117 25, 1077 Serial No, 82 -Inted for the use of the Co _unlace on the Jut] U.S. G "6LENT pinsTtNG oviolcE! wAsucNcvros : tom 2 COMMITTEE ON THE JUDICIA PETER W. BODING, 7n., New Jersey, Ohnirnion JACK BROOKS, Texas ROBERT McC1.0111, Illinois ROBERT W. KASTEINMEIER, Wisconsin TOM RAILSBACK, Illinois DON EDWARDS, California. CHARLES E. WIGGINS, California JOHN CONYERS, JR., Michigan HAMILTON VISE, 7n., New York JOSHUA EILBERG, Pennsylvania M. CALDWELL BUTLER, Virginia wAurnit FLOWERS, Alabama wILLIA at S. COHEN. Maine JAMES R, MANN, South Carolina CARLOS J. MOORHEAD, California JOHN F. SEIBERLING, Ohlo JOHN M. ASHBROOK, Ohio GEORGE E. DANIELSON, Calliornin HENRY J. lino, Illinois ROBERT'. DRINAN, Massachusetts THOMAS N. KINDNESS, Ohio 13,1R1ARA JORDAN. Texas noLn S. SAWYER, Michigan ELIZABETH HOLTZMAN. New York ROMANO L. MAZZOLL Kentucky WILLIAM J. HUGHES, New Jersey SAM B. BALL, Ja., Texas I,AMAR DODGER, North Carolina HAROLD L. VOLKMER, Missouri HERBERT E. HARRIS II, Virginia JIM SANTINI, Nevada ALLEN B. BETEL, Pennsylvania BILLY LEE EVANS, Georgia ANTHONY C. BEILENSON, California ALAN A. v.,.aska, General CiAttaEll J. Ct.isn. Stag Director FRANKLIN G. POLK. ANdorthi COTInArl SOileommirrEE ON CRIAtINAL .JUSTICE JAMES R. MANN, South Carolina, Chairman ELIZABETH EIOLTZMAN. New 'York CHARLES E. WIGGINS, ollfornia SAM IL HALL, Ia., Texas HENRY J. HYDE, Illinois LAMAR OUDGER, North Carolina LLY LEE EVANS, Georgia THOMAS W. nuTclllIiON, Cc Rorigtur A. Lasitio, AssIsfant Connect TONI LAWSON. .18eleaae HOaatiet RAYMOND V, SmicTANKA, Ageoctoic Counsel CONTENT4 11Kaiimi4 Ati ge March 21, 1977 April 25, 1977 WiTuEssi..a:i Acosta, William, deputy roc New York. State Department of Social Services 1I Prepared statement Is Crow, Dr. Merwin It., executive direetor, IllinoisChildren's Home and Aid Society, Chicago, III 20 Prepared stat( meA__ _ 20 1)ortian, Hon. Robert K., a Repri..sentathm inC-ongtess from tin State of California 3 Prepared Staterneut 2 Emory, Robert, California. State- Department ofIfe:ittil 70 Fink, Judith, vice president, American CitizensGuncerne(1 for Life, Inc :IS _ _ __ _____ , 37 Prepared Statement__._ _ __ _ _ ____ ___ Prank, George, United Press International,Sacramento, Calif Ivarone, Nicholwi P., assistant State's ....tumor,Cook County Ill_ ,__ 21 _ 2.1 Prepared statement_ , ;-itipport Unit, Koppes, Richard 11., nt-Mittii1 .I ii!. f c qiancl,i tilt ,.:.tiiiii, Office of Health Investigations, CalifiJrnia State. I)ep:i.tiriont of Ilealtli 70 . _ 90 Leavitt, David Keene, Esq., Beverly Mlle,. f,alif_ 86 Pi cpared statement. Massey, Betty, natural parent workerSacnii tient itCounty Welfare Department, Adoptions Division_ __ __ 70 GO Prepared stateinent__ Now York County, Morello, Joseph Vincent, assistant district attorney, 21 Prepared statement 19 Altil-phy, 1)orothy, division supervisor of Children'sServices, San Francisco County Department of Social Services_ 72 Score, Donald L., California State Dep:trtmentof Health Prepared statement Woodcock, Joseph C, Jr., former prosecutor telBergen County, Nol. 771'1.91i Prepared statement :l'i) l Zokman, Pamela, ChicagoSanTimes r Prepared statement- 0 STArchtENTS Congress from the St Ii of Frey, Hon. Louis Jr., a Representative in 40 Florida ---- A.onrrioNAL INIATEntim Schlosser,1)otaIilII.,actingdirector, Departount if Childmi and F-tunuih :Servives, letter to Representut;vcIN di dated April 20, 1977_ 1.05 Tnogood, Roger W., Children'sHome Soeiet3- idler Representative Hyde dated Marcia 10,197S 104 SALE OF CHILDREN IN INTERSTATE ANDFOREIGN COMMERCE MONDAY, nun= 21, 1977 rIOUSE OF REPRESENTATIVES, COMMITTEE ON THE JUDICIARY, S 131%CM FITEE ON CRIMINAI, JUSTICE. The subcommittee met at 10 turn. in room 2237 of the rn House Office Building; Hon. Sam B. Hall, Jr., presiding. Present; Representatives It ill, Wiggins, Ifde, and Cudgel.. Staff members present: Thomas W. Hutchison,counsel; Toni Law- son, assistant counsel; and RaymondV. Smietanka, associate counsel. Air. HALT,. I think it is time to commence this hearing.At the out- set I would like to make these comments, if I !nay. The subcommittee has been asked to permit coveragoof this hearing, in whole or in part, by means of motion picturephotography. still photography or ecoreling device. Tittle ITT(a) of theJudiciary Com- mittee Rules of Procedure allow such a coverage if thesubcommittee approves the request. Are there objections to such coverage ? I hear none.Such coverage is permitted. Today the Subcommittee on Criminal Justice openshearing,s on legislation sponsored by one of its mentbeis, RepresentativeHenry J. Hyde. The legislation, H.R. 117 and H.R. 2826, isdesigned to pro- hibit the sale of children in interstate and foreign commerce. Air. Hyde has been joined in his sponsorship of thislegislation by 24 of our colleagues. We will boar from several wit flosses.ine;mling Representatile Robert K. Dornan, our colleague fromCali fotai who is one of the cosponsors of the legislation, andpublic witnesses, At the start, the Chair NVnuld like to acknowlecle-oMfr. Hyde's effort in arranging this bearint,. And now I recofnlizeMr. Hyde for an opening statement. Mr. Ryon. TI tank :eon. (ha i mut n. It's become increasingly more difficult for MIMI: couples to aaniit rhildicii throughnormal cleentels because there just, aren't thf, adoptable babiesavailable as ntri. lr as there used to be for various revsons that are wellknown to all. :Many couples in desperation turn to the black markets, and ababy. then, is redneed to a chattel and sold for citA and ninny times tothe highest bidder. The future welfp 1.0 of thr ri,ilrl is rnre1v consideredand often the natural mother, ns wi 11 ;D; the future parent an.emotionally :old financially victimized. Meanwhile, bincicrearket. baby sellers are contemptuousof State laws, often operate interstate and international with littlefear of crim- inal prosecution. There is a great vom in the lawgoverning this Situa- tion. They are the only real winners in this game ofselling, children. The fees of from $10,000, 9$ I),(10i/ and $25,000 are not uncommon.They tiro going to continno to Operatein &film ral. of the law, exploitinrirtheir legislation is victims and prolitting I V erinics, unless Federal passed which will, lot. the first time, giveFederal pi.oseral 01.3 the necessary ammunition to light theblack-marl:et baby racket. We prepare such legislation. I 0111 sure it ran beimproved and the advice and counsel or our wiklesses, manyof whom :11., Vet' _- .'enced and expert inI his fieldin fact, all of them are--.-1 arn opeful we will get some Mir clivo legislation. Thank- yon,Mr. .11Er. I-TALL. 111r. 11-iggins, do you have any statement ? WmorNs. No, Mr. ITAL.. Before Calling oftr first I W011111 like Itt pa nt alit that eight witnesses are schedule(' to testily today and since I heTIonse is scheduled to go into sc,ssion at noon, we will have to lit our he:ty- ing nt that time. And in the_ interest of ra k, oe,s, 'u will divide the time cm:billy among them. my. I-Tyno. May I suggest. \1i'. Chairman, that the committeeand Counsel hold their quest ions until perhaps :is imul-v of this panel have testified and that the Nvitnesses---bectuise many of them Ii ve I raveled great distances and I think if welist write down our quest loos we might. he more product ice. Mr. ITALL. I have as the first witness, Pep nt:Itive Iohort K. Doman. Is he here? Mr. DOLMAN. Yes, MI. _M.'TALI-, Po you hart n piv pa red 4tatentcoI Me. Deux:kw. I do, lie. Chairman. 3fr. I-TALL. 1Vithout olijection, tilvt slfiteinent will he runic :t part of the record. [The prepared statement of Representative Pornan follows :1 PaErnazn TENT Oilbevo!:may, jzoluorr K. ytoircAN 31r. Chairman: Pirst of all. I would like to Illattk youand the llembers or the subcommittee for permitting me to addre,r4 you thismorning, ]fa I also any hint I admire the alacrity wi111 which thisanhomnolittv hats he nn con- sideration of this leg_ islation.I am aware of the busy legislative calendar ItlliiR subcommittee faces. Your consideration of this hill so earlyiii the se- ;',ion re- %vents von r awareness of the seriousnesN or the peoldel),.