What's new in Adoption?
In 2000, President Clinton signed the Child Citizenship Act, granting automatic citizenship to children born abroad
by Susan Freivalds
At the turn of the twenty-first century, adoptive families gained visibility in the public and private sectors with new adoption-friendly laws and rulings, greater recognition in the workplace and several dramatic achievements spearheaded by adult adoptees. We have much to celebrate-and much still to do.
New & Pending Benefits
The Hope for Children Act, introduced in the U.S. House of Representatives and the Senate in 1999 to raise and extend the adoption expense tax credit, was stalled in committee as late as October 2000. A long-overdue report from the U.S. Treasury on the current tax credit's utilization was finally presented in September, leaving little time for Congress to act before adjournment. Without legislation to extend it, the tax credit will expire at the end of 2001 for all but certain special-needs adoptions. The measure has wide bipartisan support, with 269 cosponsors in the House and 8 in the Senate, but there's a possible complication: the primary sponsor and advocate of the legislation, Rep. Tom Bliley, is retiring at the end of the 106th Congress in January 2001.
Thirty-one percent of employers provide adoption benefits for their employees, according to survey results released by Hewitt Associates in June 2000. Benefits may include cash reimbursement for expenses, paid or unpaid time off, use of sick leave to care for a newly adopted child, referral services or some other benefit. By comparison, only 21 percent of employers offered such benefits in 1994. The National Adoption Center reports that the average adoption expense reimbursement is now $3,500 to $4,000, up from $2,500 only three years ago. These cash benefits-deductible for the employer and nontaxable for the employee-remain a powerful way to lower the cost of adopting.
President Clinton's "Baby UI" plan, effective since August 2000, lets states decide whether to use unemployment insurance to pay workers who want to stay home with a newborn infant or newly adopted child. At that time, only Massachusetts had approved the idea, but state labor officials first needed to study the plan's impact on unemployment insurance funds; then the state legislature would have to approve. New York and eight other states are also considering Baby UI legislation.
After more than 30 years of opposition, the IRS agreed in 2000 that children placed through a private or independent adoption could be claimed as dependents for tax purposes while the final adoption is pending. Previously the IRS had held that only children placed through agencies could be listed as dependents from the time of placement; children placed privately were not considered dependents until the adoption was finalized.
Special-Needs Adoption
Adoptions of children from the U.S. foster care system increased for the fourth straight year in 1999, with an estimated 44,000 adoptions finalized-up 22 percent from 1998. Some of the biggest increases came in states with large foster care populations. Illinois, which in 1998 experienced a 110 percent increase, posted another 50 percent gain in 1999. California estimated that 1999 adoptions rose by 37 percent over 1998. Credit for these spectacular results goes to the Adoption and Safe Families Act of 1997, which provided incentives to states to increase adoptions of children waiting in foster care. At the current pace, states have a good chance of reaching President Clinton's goal of doubling the number of adoptions from foster care to 56,000 by 2002. Adoption experts warn, however, that many of these adoptions represent expedited finalizations, and that numbers will likely fall to lower levels in upcoming years. Experts also fear that the rush to finalization may lead to higher levels of adoption dissolution.
In April 2000, 10-year-old Candace Newmaker was killed as she underwent "rebirthing" treatment administered to help treat her attachment disorder. In this controversial therapy, patients are wrapped tightly in a sheet, and pillows are pressed against them to simulate the experience of birth. Adopted at age 6, Candace exhibited many of the behaviors associated with attachment disorder, and her adoptive mother had left no stone unturned in seeking help for her. During treatment at the Connell Watkins Clinic in Evergreen, Colorado, Candace accidentally suffocated. This tragic incident emphasizes the need for competent clinical postadoption services for all adopted children, especially those who have experienced neglect and abuse.
International Adoption
Intercountry adoptions to the U.S. in 1999 reached 16,396-an all-time high. Russia accounted for 27 percent, China 25 percent and Korea 12 percent, with the remaining 36 percent from more than 50 other countries. In February 2000 new adoption rules in Russia led to a temporary slowdown in referrals and placements. As a result, fewer international adoptions are expected in 2000.
In September 2000 the U.S. Senate ratified the Hague Convention on Intercountry Adoption-an international treaty to improve accountability, safeguards and cooperation in intercountry adoption-and the full Congress enacted implementing legislation. Once the treaty comes into effect in the U.S., its provisions will govern adoptions from other countries that are party to the Hague Convention. Adoptions from countries that have not joined the treaty will not be affected. The U.S. Department of State, which will serve as the central authority to oversee U.S. activities under the Convention, has estimated that implementation here will not be complete until early 2003; after that time, agencies and individuals will need special accreditation to handle adoptions from other Hague countries.
President Clinton signed the Child Citizenship Act of 2000 on October 30, granting automatic citizenship to children born abroad who have been adopted by at least one American parent. Under the bill, a child whose adoption is completed abroad becomes a citizen immediately upon entry into the U.S. as a lawful permanent resident. In cases where the child enters the U.S. for purposes of adoption (but has not yet been adopted), that child becomes a citizen the moment the adoption becomes final. Efforts to make citizenship retroactive to the birth of the child (to qualify adopted foreign-born children to hold the presidency of the U.S.) were abandoned as being unfair to children born abroad to U.S. citizens.
In other citizenship matters, the first international adoptee to be deported under provisions of the 1996 amendments to the Immigration and Nationality Act was sent back to Thailand in March 1999. Adopted when he was 4 years old, John Gaul was deported at age 26. When he was 17, his parents realized he did not have U.S. citizenship, but paperwork did not clear before his eighteenth birthday. Convicted of car theft and credit card fraud as a juvenile, Gaul had served his 20-month sentence and was a legal resident of the U.S. The 1996 amendments, however, require the deportation of felons who are not U.S. citizens.
Higher Age Limit for Siblings
In December 1999 President Clinton signed Public Law 106-139, allowing children ages 16 and 17 to qualify for relative visas if their siblings under age 16 have been adopted. This law will allow the adoption of children up to age 18 if they are part of a sibling group that is being or has been adopted. Previously, children over age 15 were not eligible for a preference visa, effectively eliminating their chance to be adopted along with their younger siblings.
In Memoriam July 2000 saw the passing of "Grandma" Bertha Holt at age 96. She and her husband, Harry Holt, initiated the modern era of intercountry adoption in 1955 when they adopted eight Korean children. The Holts went on to influence U.S. immigration laws to allow easier adoption of foreign-born children and to establish the agency that became Holt International Children's Services.
Adult Adoptees
Open Records
In June 2000 the full U.S. Supreme Court indicated that it would not stand in the way of states that open birth records when it denied a motion to stay Oregon Measure 58, which allows adult adoptees access to original birth certificates. This ruling followed similar action by the Supreme Court of Tennessee, which in October 1999 allowed adult adoptees access to their birth and adoption records. Birth records are now accessible to adult adoptees in Oregon, Tennessee, Kansas, Alaska, Alabama and Delaware. Undoubtedly, states across the nation will continue to change laws restricting adult adoptees' access to their own birth and adoption records.
Korean Gathering
For three days in September 1999, 400 adult Korean adoptees from 36 U.S. states and several European countries celebrated, commemorated and shared their unique community at the International Gathering of the First Generation of Korean Adoptees, held in Washington, D.C. For many the Gathering was a joyous reunion of "siblings" who didn't have to explain themselves or their family relationships; for others it was the first chance to meet other Korean adoptees. For all it was an opportunity to be in the company of accomplished adults who had experienced intercountry adoption. For some it was life changing. A survey conducted by the Evan B. Donaldson Adoption Institute found that the adoptees had had pervasive experiences of racial discrimination (race was cited more than twice as often as adoption as the basis for discrimination) and showed a significant shift in self-image as they matured. As children, only 28 percent had considered themselves Korean American or Korean European; by contrast, 64 percent now viewed themselves as Korean American or Korean European adults.
Vietnamese Reunion
The Reunion of the First Generation of Vietnamese Adoptees, held in Baltimore, Maryland, in April 2000, marked the twenty-fifth anniversary of the Vietnam Babylift just before the fall of Saigon in April 1975. More than 400 adult adoptees, parents and other family members, agency staff and Babylift volunteers met to touch the past, reveal wounds and share in the healing. Individuals who had played together in the orphanage or had been evacuated on the same airplane tearfully reunited. Again, the power of community energized individuals who shared this life-changing experience.
Other Adoption News
Adoption Stamp
In October 1999 the U.S. Postal Service unveiled a new postage stamp celebrating adoption. The stamp-designed by Greg Berger, a graphic artist and adoptee-was the first announced in the 2000 series and one of two social awareness stamps released this year. Formally issued in May 2000, the new 33-cent stamp "will help raise awareness about how adoption can make a positive difference in the lives of so many," said Postmaster General William Henderson.
Census 2000
For its 2000 count, the U.S. Census Bureau included the category "adopted child" as a response on the household relationship question in the long-form census survey-the first time adoptive relationships have been specifically acknowledged. Some adoption advocates questioned the motivation behind adding the category. The Census Bureau maintained, however, that this was the only way to collect statistically reliable anonymous data on the number of children in adoptive homes and make that data available to the public in the form of statistical tables.
"Safe Haven" Laws
Horrified by continuing reports of newborns left in dumpsters or worse, legislators from Georgia to California, Minnesota to Texas, rushed in 1999 and 2000 to enact "safe haven" laws to protect abandoned infants. Minnesota's legislation was typical: Mothers (or anyone) can drop off unharmed newborns less than 72 hours old at any hospital without risking prosecution. Hospitals must not ask for identification. They may ask about the child's medical history, but the person leaving the baby is not required to provide any information. While such legislation is undoubtedly well intended, adoption experts quickly noted the problems: without requiring a mother to identify herself, anyone could drop off a baby; no consideration is given to the father; and the babies will have no medical or social information.
Susan Freivalds is the executive director of the
Adoption Education Institute (sfreivalds@adoptioneducation.org).
