Russian Adoptions: Now and Later

For the last ten days, I've been watching with interest the unfolding situation around Russian adoptions, particularly to Americans. I have been reluctant to write much about the dramatic news stories covering everything from the circumstances of Artyom Savaliev (Justin Hansen)'s unaccompanied return to Russia to the rumored closing of Russian adoptions. Not because those stories aren't important, mind you, but because I don't think they tell the real story of what's actually happening with Russian Adoptions.

Certainly, the status of Russian adoptions to Americans today is vitally important to those who are waiting for a referral, court, or are in Russia now on an adoption trip. Despite several news articles announcing that adoptions to Americans have been suspended, no blanket suspension has actually happened yet. The US Department of State has been doing a very good job keeping the American public informed about what they know of this developing situation. In their most recent posting, they indicated that adoptions are still happening, but it is becoming evident that the process has slowed down. On the surface, it's difficult to tell exactly why.

But there are multiple things happening that may be affecting adoptions. To wit:

1. The Russian authorities released a new "black list" two weeks ago. This new release of the list came just one day before Artyom Savaliev arrived in Moscow, touching off an international incident. The list was updated for the first time in five months; thirty new providers were added from the USA alone. It is possible that some of the delays adoptive parents are encountering may have to do with their home study providers being listed on this new list.

2. The Russian authorities suspended WACAP's Permit for Adoption Activity as a result of the Artyom Savaliev affair. They did not give a detailed reason for the suspension, but the Russian Ministry of Education & Science (MoE) pointed to the relatively new paragraph in Government Resolution No. 654 of November 4, 2006 (revised) which requires the agency to report, within 5 days, the failure of the child to adapt to his or her adoptive family. While the merits (or lack thereof) of that suspension are probably best argued elsewhere, the reality is that the suspension took effect immediately for clients of WACAP. It is possible that the suspension of this one agency's permit may have been overgeneralized by others (including news media) and reported as a general suspension of adoptions to Americans, which it is not.

3. The Russian Ministry of Foreign Affairs is trying to drive the USA into concluding a bilateral adoption treaty. For more than two years, officials in Russia have been attempting to get the United States to enter a bilateral adoption treaty. With each new incident involving a Russian child adopted by Americans, the calls have grown louder. Usually, it is minority politicians making the public call for such a treaty. This time, it is the Foreign Ministry, which is part of the governing authority structure in Russia. The Russian Foreign Ministry has made several statements over the last week that refer to a suspension of adoptions to Americans, but always with the purpose of placing pressure on the American government to negotiate a treaty. Most recently, even Russian President Medvedev was referenced yesterday saying that adoptions could be suspended if the US does not negotiate such a treaty.

4. In response to the outcry, the US Department of State has decided to send a diplomatic delegation to Moscow to work on the problem with the Russian authorities. They were originally scheduled to begin talks in Russia yesterday (April 20), but due to the travel disruption of European airspace on account of the Iceland volcano eruption, they have now postponed that trip until April 29.

So, adding all of this up, what we have is a lot of diplomatic pressure being applied by Russia in an effort to get a bilateral adoption treaty with the US. We also have reports of adoptions being slowed down in Russia (or even, in some cases, temporarily blocked). What we do not have is a blanket suspension of adoptions (yet). Hopefully, the talks next week will yield some positive results for both sides.

Many people over the last week have asked me what I think will happen. I don't know, and I don't like to speculate. However, I would like to comment on a theme that has come up relatively frequently, and which often comes up when the Russian authorities tighten the process for adoptive parents.

Some people have written that they think the Russians are just trying to end international adoptions, and that they have been trying to do so for years. I disagree. It is true that there are specific politicians in Russia who do not like adoptions of Russian children to foreigners, but they are in the minority. The party in power (United Russia) has supported international adoptions for the last decade. The way I see it, they are trying very hard to keep the door open for international adoption. I believe they know that many of the children adopted to foreigners are the children that Russian families will not adopt. Foreign adoptive families represent their best chance at finding a family. Additionally, every child adopted (foreign or domestic) results in a smaller state burden for support. So, in my opinion, it is actually in Russia's best interest to continue international adoption.

So why all of the negative press and the threats of suspending adoptions to Americans? Remember that our adopted children remain Russian citizens even after they are adopted to foreign families. As Russian citizens, the Russian authorities feel a responsibility for their well-being, even if they are not living in Russia. In the absence of a specific treaty that gives them greater latitude, the only mechanism they have to ensure that things are OK with the children is the receipt of post-placement reports. This is why they have been so quick to publish the black list and to suspend or revoke permits for agencies that are not in 100% compliance with post-placement report submission.

However, the post-placement reporting mechanism does not go far enough when these types of incidents take place. So, the Russian authorities are trying to work out a bilateral treaty that gives them greater control. They are essentially saying that they are not comfortable with the current level of "protection" that they can effect on children they see as their own citizens. With that in mind, it makes sense that they are threatening to suspend adoptions until things can be made better for them. It is very significant, in my opinion, that they are talking about a suspension and not a moratorium. They want the adoptions to continue under the rules of a new treaty. If they didn't want adoptions to continue, they would just change the law in Russia to prevent adoptions to foreigners, akin to the situation in Romania.

So, there you have it. Despite the current events, I believe that adoptions from Russia to America will continue. Whether we will have to endure a suspension in the meantime, or how long it may take to work out the bilateral treaty issue, is unknown. I know that's cold comfort for those in the process. If you are in the process and want to contact the US State Department about your case or adoptions in general, they have set up a special e-mail box just for that purpose, at RussiaAdoption@state.gov.