The ‘Quiet Migration’The ‘Quiet Migration’

Is international adoption a successful Is international adoption a successful intervention in the lives of vulnerable intervention in the lives of vulnerable

children worldwide?children worldwide?

Dr Gabriela MiscaDr Gabriela MiscaPhD CPsycholPhD CPsychol

6th World Congress on Family Law and Human Rights

OverviewOverview

Background on current inter-country Background on current inter-country adoption (ICA) practiceadoption (ICA) practice

International legal benchmarksInternational legal benchmarks• UNCRCUNCRC• 1993 Hague Convention on Inter-country 1993 Hague Convention on Inter-country

adoptionadoption Studies of inter-country adoptions Studies of inter-country adoptions

outcomesoutcomes The future of inter-country adoptions? The future of inter-country adoptions?

Reflections on dilemmasReflections on dilemmas

Inter-country adoption: a global Inter-country adoption: a global phenomenon?phenomenon?

‘‘Opening’ of ICA from Korea in 1953Opening’ of ICA from Korea in 1953 ‘‘Quiet migration’ (Weil, 1984)Quiet migration’ (Weil, 1984)

• Significant movement of children across borders from Significant movement of children across borders from poor countriespoor countries

• ““Waves” of ICA in conjunction with major social and Waves” of ICA in conjunction with major social and political changes – i.e.: Romania, Russia, Chinapolitical changes – i.e.: Romania, Russia, China

Estimates:Estimates:• At its peak in 2004: 45,000 children worldwide were At its peak in 2004: 45,000 children worldwide were

involved in ICA in one year (Selman, 2009)involved in ICA in one year (Selman, 2009)• During 2000-2010: 410,000 children (Selman, 2012)During 2000-2010: 410,000 children (Selman, 2012)

Extent of inter-country adoptions worldwide is Extent of inter-country adoptions worldwide is difficult to estimate accuratelydifficult to estimate accurately• Due to lack of a central, unified system of recording Due to lack of a central, unified system of recording

(Selman, 2002)(Selman, 2002)

Shifts in ICA natureShifts in ICA nature

Humanitarian motivation Humanitarian motivation • Korean WarKorean War

Demand from childless couple from Demand from childless couple from developed countriesdeveloped countries• ‘‘Celebrity’ inter-country adoptionsCelebrity’ inter-country adoptions

ICA DebatesICA Debates

Ethical concernsEthical concerns• Removing children from birth country, Removing children from birth country,

cultureculture ““Ultimate form of imperialism”Ultimate form of imperialism” Children’s rights?Children’s rights? Links between sending country’s use Links between sending country’s use

of domestic adoption?of domestic adoption?• International pressure on sending International pressure on sending

countries practices and legislationcountries practices and legislation

International legal benchmarks: International legal benchmarks: The UNCRCThe UNCRC

Article 3 Article 3 • the best interest of the child shall be of primary the best interest of the child shall be of primary

considerationconsideration Article 8Article 8

• the right of the child to preserve his or her identity, the right of the child to preserve his or her identity, including nationality, name and family relationsincluding nationality, name and family relations

Article 9Article 9• a child shall not be separated from his or her parents a child shall not be separated from his or her parents

against their will unless necessary for the best interests of against their will unless necessary for the best interests of the childthe child

Article 21Article 21• Adoption should only be carried out in the best interest of Adoption should only be carried out in the best interest of

the child;the child;• Inter-country adoption may be considered as an Inter-country adoption may be considered as an

alternative means of child’s care alternative means of child’s care enjoys safeguards and standards equivalent to those enjoys safeguards and standards equivalent to those

existing in the case of national adoption existing in the case of national adoption does not result in improper financial gain for those does not result in improper financial gain for those

involved in itinvolved in it

International legal benchmarks:International legal benchmarks:

1993 Hague Convention on Inter-country 1993 Hague Convention on Inter-country adoptionadoption• reinforces the UNCRC (Article 21)reinforces the UNCRC (Article 21)• protects children and their families against the protects children and their families against the

risks of illegal, irregular, premature or ill-risks of illegal, irregular, premature or ill-prepared adoptions abroadprepared adoptions abroad

• ensures that inter-country adoptions are made ensures that inter-country adoptions are made in the best interests of the child and with in the best interests of the child and with respect for his or her fundamental rights, and respect for his or her fundamental rights, and to prevent the abduction, the sale of, or traffic to prevent the abduction, the sale of, or traffic in childrenin children

ConcernsConcerns The Matching principleThe Matching principle

• matching child’s needs to adoptive familiesmatching child’s needs to adoptive families Legitimacy of adopting internationally Legitimacy of adopting internationally

children with living parents/relativeschildren with living parents/relatives• Last resort?Last resort?

Use of internet ‘advertising’ of children Use of internet ‘advertising’ of children (Chou et al., 2007)(Chou et al., 2007)

The ‘politics’ of inter-country adoptionsThe ‘politics’ of inter-country adoptions Is international adoption a successful Is international adoption a successful

intervention in the lives of vulnerable intervention in the lives of vulnerable children worldwide?children worldwide?

Studies of inter-country adoptionsStudies of inter-country adoptions

Focus on outcomes for inter-country Focus on outcomes for inter-country adopted childrenadopted children

Understanding their developmentUnderstanding their development Guiding policy and practiceGuiding policy and practice Substantial research 1980s-1990s in Substantial research 1980s-1990s in

countries that were major recipients of countries that were major recipients of internationally adopted childreninternationally adopted children• reviews by Thoburn and Charles (1992); Tizard reviews by Thoburn and Charles (1992); Tizard

(1991)(1991)

Early studies of children’s Early studies of children’s outcomes in ICAoutcomes in ICA

Primarily optimistic messages about Primarily optimistic messages about outcomes:outcomes:• 75–80% of inter-country-adopted 75–80% of inter-country-adopted

children and adolescents function well.children and adolescents function well.• The rapid recovery of children in their The rapid recovery of children in their

first year of adoption is considered first year of adoption is considered remarkable.remarkable.

• Satisfaction with adoption by adoptive Satisfaction with adoption by adoptive parents and adopted children is rated parents and adopted children is rated high or very high by over 80% of high or very high by over 80% of adoptive families.adoptive families.

It’s complicated…It’s complicated…

Some problems involved: Some problems involved: • on arrival, the children may have to on arrival, the children may have to

unlearn the ‘survival techniques’ they unlearn the ‘survival techniques’ they had used in their home environments had used in their home environments (such as lying and stealing)(such as lying and stealing)

• to reconsider their perceptions of adults to reconsider their perceptions of adults as people who mainly obstructed and as people who mainly obstructed and punished them in their pastpunished them in their past

It’s not always a happily ever after It’s not always a happily ever after story…story…

April 2010April 2010

Risk factors involved in ICA Risk factors involved in ICA outcomesoutcomes

Age at adoptionAge at adoption• emotional and behavioural difficulties seem more likely emotional and behavioural difficulties seem more likely

to occur when children are adopted at a relatively late to occur when children are adopted at a relatively late age.age.

Children’s early experiences before adoptionChildren’s early experiences before adoption• adverse conditions such as poverty, malnutrition, adverse conditions such as poverty, malnutrition,

institutionalisation, neglect and abuseinstitutionalisation, neglect and abuse Children’s medical and social history prior to Children’s medical and social history prior to

birth birth • Age and the mother’s poor nutritionAge and the mother’s poor nutrition• abuse of alcohol or drug-taking during pregnancyabuse of alcohol or drug-taking during pregnancy• a child’s genetic background and lack of neonatal a child’s genetic background and lack of neonatal

screening in some birth countriesscreening in some birth countries Interaction of risk factorsInteraction of risk factors The lack of information on the aboveThe lack of information on the above

Some barriers to understanding Some barriers to understanding ICA outcomesICA outcomes

Research on adoption outcomes has Research on adoption outcomes has children’s experiences prior to adoption children’s experiences prior to adoption as one of its black holes [and] this is as one of its black holes [and] this is especially true in the case of especially true in the case of international adoptions. (Palacios, 2009, international adoptions. (Palacios, 2009, p.74)p.74)

Key factors in ICA successKey factors in ICA success

Adoptive parentsAdoptive parents• CommitmentCommitment• Quality of parenting and environmentQuality of parenting and environment

High levels of support required in their High levels of support required in their adoptive countriesadoptive countries• health, mental health and educational supportshealth, mental health and educational supports

Addressing our knowledge gapsAddressing our knowledge gaps• evidence-based practice on what interventions evidence-based practice on what interventions

are best suited to the needs of these childrenare best suited to the needs of these children

Issues of cultural and self-identity in Issues of cultural and self-identity in ICAICA

Cultural and self-identityCultural and self-identity• relevant as the children enter their adolescent relevant as the children enter their adolescent

years (Verhulst, 2000)years (Verhulst, 2000) inter-country adoptees regard themselves as having inter-country adoptees regard themselves as having

the same national identity as those born in the the same national identity as those born in the country where they livecountry where they live

many also show a strong interest in their many also show a strong interest in their backgrounds (Irhammar and Cederblad, 2000)backgrounds (Irhammar and Cederblad, 2000)

• some want to distance themselves from some want to distance themselves from immigrants of a similar ethnic background immigrants of a similar ethnic background (Saetersdal and Dalen, 2000)(Saetersdal and Dalen, 2000)

Particularly true where there is ethic stereotyping Particularly true where there is ethic stereotyping and discrimination – i.e.: Romanian children adopted and discrimination – i.e.: Romanian children adopted in Ireland (Greene et al., 2007)in Ireland (Greene et al., 2007)

Cultural and self-identity in ICA - Cultural and self-identity in ICA - revisitedrevisited

Successful adjustment: children whose parents Successful adjustment: children whose parents are open about the ethnic issues are open about the ethnic issues

A meta-analytical review across 88 studies A meta-analytical review across 88 studies • no difference in self-esteem between adoptees and non-no difference in self-esteem between adoptees and non-

adoptees, and this held true for international, domestic adoptees, and this held true for international, domestic and trans-racial adoptees (Juffer and van IJzendoorn, and trans-racial adoptees (Juffer and van IJzendoorn, 2007)2007)

Suggestion that ethnic and cultural identity Suggestion that ethnic and cultural identity issues are not as salient as first thought for these issues are not as salient as first thought for these young people’s adjustmentyoung people’s adjustment

For example: in the UK the primacy of ethnic For example: in the UK the primacy of ethnic matching in domestic adoptions has been matching in domestic adoptions has been removed in 2011removed in 2011• primary importance now to be given to finding a primary importance now to be given to finding a

placement that will meet the child’s needs and will not placement that will meet the child’s needs and will not delay the possibility of adoptiondelay the possibility of adoption

The future of ICA?The future of ICA?

Opportunities for children:Opportunities for children:• Positive development following difficult Positive development following difficult

experiences in birth countriesexperiences in birth countries Less stigma attached to ICA?Less stigma attached to ICA?

• Globalisation and the declining Globalisation and the declining importance of national bordersimportance of national borders

• Increasingly ethnically and culturally Increasingly ethnically and culturally diverse societies and familiesdiverse societies and families