IN THE BEST INTEREST OF THE CHILDREN? ROMANIA’S BAN ON INTER-COUNTRY ADOPTION HEARING BEFORE THE COMMISSION ON SECURITY AND COOPERATION IN EUROPE ONE HUNDRED NINTH CONGRESS FIRST SESSION SEPTEMBER 14, 2005 Printed for the use of the Commission on Security and Cooperation in Europe [CSCE 109–1–3] ( Available via http://www.csce.gov U.S. GOVERNMENT PRINTING OFFICE 28–592 PDF WASHINGTON : 2006 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 COMMISSION ON SECURITY AND COOPERATION IN EUROPE LEGISLATIVE BRANCH COMMISSIONERS HOUSE SENATE CHRISTOPHER H. SMITH, New Jersey, SAM BROWNBACK, Kansas, Co-Chairman Chairman FRANK R. WOLF, Virginia GORDON SMITH, Oregon JOSEPH R. PITTS, Pennsylvania SAXBY CHAMBLISS, Georgia ROBERT B. ADERHOLT, Alabama RICHARD BURR, North Carolina MIKE PENCE, Indiana DAVID VITTER, Louisiana BENJAMIN L. CARDIN, Maryland CHRISTOPHER J. DODD, Connecticut LOUISE McINTOSH SLAUGHTER, New RUSSELL D. FEINGOLD, Wisconsin York HILLARY RODHAM CLINTON, New York ALCEE L. HASTINGS, Florida VACANT MIKE McINTYRE, North Carolina EXECUTIVE BRANCH COMMISSIONERS VACANT, Department of State VACANT, Department of Defense VACANT, Department of Commerce (II) IN THE BEST INTEREST OF THE CHILDREN? ROMANIA’S BAN ON INTER-COUNTRY ADOPTION September 14, 2005 COMMISSIONERS Page Hon. Christopher H. Smith, Co-Chairman, Commission on Security and Cooperation in Europe ...................................... 1 Hon. Benjamin L. Cardin, Ranking Member, Commission on Security and Cooperation in Europe ................................. 4 Hon. Joseph R. Pitts, Commissioner, Commission on Security and Cooperation in Europe ..................................................... 9 Hon. Richard Burr, Commissioner, Commission on Security and Cooperation in Europe ..................................................... 13 MEMBERS Hon. Jeb Bradley, Member of Congress (NH–1) ....................... 6 Hon. Anne M. Northup, Member of Congress (KY–3) ............. 7 WITNESSES Hon. Maura Harty, Assistant Secretary for Consular Affairs, U.S. Department of State ....................................................... 10 His Excellency Sorin Ducaru, Ambassador of Romania to the United States .................................................................... 20 Elliot Forsyth, prospective adoptive parent .............................. 35 Debra Murphy-Scheumann, President, Board of Directors, Joint Council on International Children’s Services .............. 40 Dr. Dana Johnson, Director, International Adoption Clinic, University of Minnesota ................................................................................. 44 Thomas Atwood, President and CEO, National Council for Adoption ................................................................................... 46 APPENDICES Prepared statement of Hon. Sam Brownback, Chairman, Commission on Security and Cooperation in Europe ........... 54 Prepared statement of Hon. Joseph R. Pitts ............................. 56 Prepared statement of Hon. Maura Harty ................................ 58 (III) IV Page Prepared statement of His Excellency Sorin Ducaru ............... 62 Prepared statement of Elliot Forsyth ........................................ 68 Prepared statement of Debra Murphy-Scheumann .................. 72 Prepared statement of Dr. Dana Johnson ................................. 93 Prepared statement of Thomas Atwood .................................... 98 Material submitted for the record by Hon. Christopher H. Smith ........................................................................................ 102 Statement submitted for the record by Hon. Dan Burton, Member of Congress (IN–5) .................................................... 103 Statement submitted for the record by the House of Angels (Gaesti, Romania) .................................................................... 105 Letter submitted for the record by the Center for Adoption Policy ........................................................................................ 110 Statement submitted for the record by the Romanians Worldwide Group ..................................................................... 118 Statement submitted for the record by For the Children- SOS ........................................................................................... 120 Letters submitted for the record from prospective adoptive parents ...................................................................................... 123 IN THE BEST INTEREST OF THE CHILDREN? ROMANIA’S BAN ON INTER-COUNTRY ADOPTION SEPTEMBER 14, 2005 COMMISSION ON SECURITY AND COOPERATION IN EUROPE WASHINGTON, DC The Commission met in room 2237, Rayburn House Office Build- ing, Washington, DC, at 10 a.m., Hon. Christopher H. Smith, Co- Chairman, Commission on Security and Cooperation in Europe, presiding. Commissioners present: Hon. Christopher H. Smith, Co-Chair- man; Hon. Benjamin L. Cardin, Ranking Member; Hon. Joseph R. Pitts; and Hon. Richard M. Burr. Members present: Hon. Jeb Bradley, Member of Congress (NH– 1) and Hon. Anne M. Northup, Member of Congress (KY–3). Witnesses present: Hon. Maura Harty, Assistant Secretary Con- sular Affairs, U.S. Department of State; His Excellency Sorin Ducaru, Ambassador of Romania to the United States; Elliot Forsyth, prospective adoptive parent; Debra Murphy-Scheumann, President Board of Directors, Joint Council on International Chil- dren’s Services; Dr. Dana Johnson, Director, International Adop- tion Clinic, University of Minnesota; and Thomas Atwood, Presi- dent and CEO, National Council for Adoption. STATEMENT OF HON. CHRISTOPHER H. SMITH, CO-CHAIRMAN, COMMISSION ON SECURITY AND COOPERATION IN EUROPE Mr. SMITH. The hearing will come to order, and good morning, everybody. In 1989, the world watched in horror as images emerged from Romania of more than 100,000 underfed, neglected children living in hundreds of squalid and inhumane institutions throughout the country. Six weeks after the end of the dictatorial regime of Nicolae Ceausescu, I and members of my staff, Dorothy Taft and Dennis Curry, who is working on my subcommittee staff, the Africa, Global Human Rights and International Operations Subcommittee, who was then working in Romania, actually went to those various or- phanages throughout Bucharest. We saw children lined up by the dozens, who had been neglected. Hard-pressed workers were trying to help those children. The visions of that, and as the father of four myself, I was greatly moved to look at those little children who weren’t even being turned with regularity, weren’t having their (1) 2 diapers changed, and weren’t being nurtured in the way that a child should be helped. They were the littlest victims of Ceausescu’s policies, which un- dermined the family and fostered the belief that children were often better cared for in an institution rather than by their fami- lies. American citizens responded to this humanitarian crisis with an outpouring of compassion. For years now Americans have opened their hearts, their checkbooks, and have committed their vacation days offering their own labor to help Romania improve conditions in these institutions. Many families also opened their hearts to one or more of these children through adoption. Between 1990 and 2004, 8,213 Roma- nian children found permanent families in the United States, and thousands of others joined families in Western Europe. The legacies of Ceausescu’s rule continue to haunt Romania and, when coupled with widespread poverty, have led to a continued abandonment of Romanian children. According to a March 2005 re- port by UNICEF, ‘‘Child abandonment in 2003 and 2004 in Roma- nia was no different from that occurring 10, 20, and 30 years ago.’’ UNICEF reports that more than 9,000 children a year are aban- doned in Romania’s maternity wards or pediatric hospitals. Accord- ing to the European Union, 37,000 children remain in institutions. Nearly 49,000 more live in non-permanent settings in foster care or with extended families. An unknown number of children live on the streets. As a participating State of the Organization for Security and Co- operation in Europe, the Romanian Government agreed in 1990 to the Copenhagen Document, that would ‘‘accord particular attention to the recognition of the rights of the child, his civil rights, and his individual freedom, his economic, social, and cultural rights, and his right to special protection against all forms of violence and ex- ploitation.’’ Romania agreed further to ‘‘recognize in their domestic legisla- tion the rights of the child as affirmed in the international agree- ments to which they are parties.’’ Romania is a party to the Con- vention on the Rights of the Child, and, equally important, it is a party to the Hague Convention on Intercountry Adoption. Our distinguished witnesses will provide their analyses of wheth- er Romania is fulfilling its commitments under these conventions. Sadly, the corruption which has plagued Romania’s economy and governance has also seeped into its adoption system. The corruption needed to be rooted out. By using corruption as the hook, the question of Romania’s institutionalized children came under the scrutiny of an avowed foe of intercountry adoption, Bar- oness Emma Nicholson. As a member of the European Parliament who, until recently, served as rapporteur for Romania’s accession to the