New Review Into Barriers to Local Adoption
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New Review into Barriers to Local Adoption The Adoptee Advocacy and Information Service, South Australia Inc. (AAISSA) wishes to strongly object to the way this Inquiry has been framed. An Inquiry into why children are not more freely available for adoption in Australia presupposes that they should be. It presupposes that adoption in its current incarnation as “open” adoption is good for children and the adults they become. But “open” adoption only changes (for better or worse) certain aspects of adoption and the fundamental issues remain – with different complexities and trauma added. Current available research certainly does not provide an evidence base to justify adoption, and instead it points to grave problems. Deciding the fate of thousands of children over the coming years - something which will have ongoing effects and legal repercussions for these children throughout their lives and for any of their future generations - should be based on comprehensive and unbiased evidence and research, and not just the (highly selective) “evidence” and opinions of those with vested interests in the availability of children. Blurring definitions and claiming that there is such a difference now with adoption that current adoptee outcomes cannot be compared at all is part of adoption myth-making. These myths conveniently skirt the issue of the need for comprehensive research, and allow those questioning adoption to be characterised as only talking about “the past” when what we are talking about are the fundamental problems with adoption that have not changed at all. Data matching and linkage with the Births, Deaths and Marriages Departments Australia wide and comprehensive research into the experiences and whole of life outcomes for the approximately 250,000 adoptees in Australia needs to be done and would already have been done for any other minority group with far less indicators of damage than adoptees. Another myth – that of “past-forced” and current adoptions being too different between “now” and “then” to warrant comparison is only relevant to the mother’s experience, not the adoptee’s. Whether the mother was overtly forced or thought she gave her child to strangers of her own free will, this is irrelevant to the child–then-adult experience of being an adoptee. Unfortunately, because the pro-adoption lobby group voices have been the loudest for so long, the MP’s and members of the Committees who often genuinely do have the welfare of children at heart, accept the package presented to them. This is partly because it’s a very neat and attractive package, supposedly tying up a child’s needs with the adult’s need for a child while simultaneously solving the government’s problem of responsibility for children in need of care. But when you look at the reality beyond the myth it doesn’t match. What is really happening is: the child disappears from the out-of-home-care numbers there are sizeable payments to the NGO’s that facilitated the arrangement there are sizeable ongoing cost savings for the State there are no requirements for any future welfare checks on the child by the State or follow up of outcomes 1 the adoptive carers are never reviewed or checked again the child is issued a new identity which severs their ancestry for all time the child–then-adult is made the subject of often arbitrary and Draconian adoption laws for the rest of their life. All of this is done in the name of the best interests of the child! This Inquiry also presupposes that the rest of Australia is already heading down the same dangerous path as NSW is with adoption. But - even with the Federal push - many states aren’t as enamoured with adoption as NSW. The trouble is that beyond the old and new myths of adoption, the reality still exists. In South Australia, the Adoption Act Review commenced in early 2014 and was released in September 2015, with the resulting legislative changes being passed in the South Australian Parliament at the end of 2016. Among other matters, one of the issues that was examined comprehensively in that Review was the question of whether there should be adoption from care at all, and the answer that was arrived at was ‘no’ (2015). How can a National Inquiry into how to increase domestic adoption be considered to be any sort of next step where adoption from care was investigated and not recommended in South Australia? If only one or two states used capital punishment, and the rest didn’t, would a Nationwide Inquiry asking how to achieve more capital punishment be appropriate? Wouldn’t it be best to work out what page we are actually on, before trying to turn it? We wish to make a call for a comprehensive National Inquiry into adoption itself. Adoption – some of the main myths Myth 1:The Numbers Game You can usually tell a person’s motives in adoption by the figures they quote. This Inquiry, along with every interview and every news article demanding that children be made readily available for adoption again, starts by quoting a total figure of 46,448 children in out–of-home-care in 2015/2016, (the latest figure as of 30th June 2017 is 47,915). What is not explained is that this is the total figure which includes every child in care, and: around half (47%) of the children behind the total numbers quoted are living with their extended families. Broken down even further, over 11,000 children – half again of those in extended family care - were in the care of their grandparents. even if they were quoting the 53% of that total left who are not with extended family (which is just over 25,000 children) this is also not telling the whole story, because of the numbers of children in care for a temporary crisis, who can and will be restored to their families. Do those who quote that total figure of 47,915 or similar, consider that children who cannot be cared for by their own parents should not be cared for by their extended families, and should instead be made available for adoption? 2 Do those who quote that total figure consider that any child that is removed from their family for whatever reason should immediately be seized by the state and made available for adoption? L. Hallahan describes a theme in adoption discourse where “..children must be saved from their abusive and hopeless parents thereby revealing an (often unstated) philosophy based on a lack of hope and inhumane practice. For some children, entry into care can be avoided or is on a temporary basis,” (Adoption and Long Term Foster Care, 2015). Over 8,000 children were returned to their homes in the 2016/17 year. Unless all children in care are considered to be automatically in care permanently – or unless a blanket permanent removal approach to child protection is the real goal - then quoting figures that are at least 10 times higher than the relevant figure is very misleading. Myth 2: Open Adoption is so much different to that old “past/forced/closed” Adoption One of the main myths about adoption is how different it is today from the past: Did this happen in Does this still Features of adoption the old ‘past- happen currently in forced’ Adoption? “Open” Adoption? Legal order severing connection to ancestry Yes Yes Cancellation of birth certificate Yes Yes Yes. Integrated birth certificates add the original parents names but do not replace the severed Issue of a new birth certificate with new name ancestry, ie the child Yes and new carer’s names is still never again related to them, their kin and ancestry. At most it is a record of who the child used to be related to. Verbal advice to the child that they are Most Most adopted. 3 Access for the adopted person to their original birth certificate when they are over 18, unless Yes Yes restricted in some States/Territories Legal power of the government department responsible for Child Protection in most Yes Yes States/Territories to prevent the adopted person from ever accessing their birth records Can adopters return the child? (discharge Yes Yes availability) Welfare checks? Never Never The differences between so called “closed” adoption and “open” adoption are minimal. In the United States there never was a downturn in adoption as there has been in Australia and adoption has continued unabated. Many adult “open” adoptees recount the pain of watching their families and kept siblings leaving them over and over again, of never feeling part of either family. Here are some observations from open adoption adoptee blog, Sisterwish, by Kat Stanley: I felt trapped between worlds. I never knew how to tell my mothers how I felt without hurting their feelings. I dealt with every single reunion issue adult adoptees have – except I was six. Genetic mirroring was looking like the person who left me. Open Adoption is an adult concept based on boundaries. As a child I didn’t know that. I was fully invested. For many ‘under 18 open adoptees’, the jealousy and insecurity of the adoptive carers in the face of the perceived or real threat to their parenthood or the adoptee’s loyalty has been traumatically damaging – akin to the push and pull between two parents after a divorce, but with the other cumulative trauma of adoption added in. And that is for those who actually did see their mothers/parents/siblings as they were growing up. “Open” adoption could mean anything - they might get a meeting, a phone call, or a letter, or nothing. That is dependent on the adults, and the torn child has to negotiate a minefield of jealousy and loyalties.