Hague Evaluation

There have been a number of adoption fraud cases in which the US Federal Government has prosecuted individuals or, alternatively, civil suits have resulted. Upon review of the cases, the highlights are summarized as follows:

ADOPTION FACILITATORS have a difficult job on the ground in sending countries. Some unethical individuals have engaged in bribery to secure necessary paperwork in order to document orphan status--a requirement necessary for US visa paper work. Some of the most notorious are the cases in Cambodia and Samoa. Also, in 2007 a Guatemala facilitator was prosecuted for immigration fraud. She pled guilty and began her prision term in December, 2007.

BIRTH MOTHER RECRUITERS in poor sending nations are often paid for a sucessful relinquishment. As such, fraud has been documented in which women and families have been paid small sums and gifts of rice and other necessities in trade for a relinquishment. Many of these families do not understand the true implications of their relinquishment and illiteracy is a significant issue. Cambodia, Samoa, and Guatemala have been cited as locations where this sort of practice has been carried out.

UNPROFESSIONAL AGENCY PERSONNEL in the US has led to some real heartache for families that often pay $25,000+ for an adoption. One such adoption agency in Michigan called Waiting Angels*, when raided, was found to have $500,000 in cash stashed in a home. The case is currently being resolved and it appears that there will be no jail time served even though countless families have been defrauded and lost their dreams.

FEE SCHEDULES HAVE CHANGED MID-PROCESS and some families have experienced unexpected expenses along the way. For example, a family may begin with an estimate of $25,000 and end up paying upwards to $40,000+ as was the case in some Guatemalan adoptions prior to Hague implementation. Also, there has been some agency financial mis-management in general. For example, in late March 2008, the director of the Claar Foundation of Colorado was arrested on charges of financial fraud, allegations include passing a bad check for a Guatemalan adoption.  In the case of this particular small agency, the financial underbelly of the organization was exposed. It appears that financial mismanagement and poor planning has led to desperate times and poor judgement.

Under the Convention, agencies must be transparent in their fee schedules and provide prospective families with all relevant information, including refund policies, in the earliest interactions and within the first information package.

THESE PROBLEMS WILL BE ADDRESSED UNDER THE HAGUE CONVENTION WHEN AN AGENCY IS WORKING WITH PROVIDERS IN ANOTHER HAGUE SIGNATORY COUNTRY.

IF YOU HAVE ANY OTHER EXAMPLES, PLEASE EMAIL US. UPON REVIEW, WE MAY POST YOUR COMMENTS.

POTENTIAL PROBLEMS:

Adoption Facilitator behavior

Birth Mother Recruiter behavior

Unprofessional and unethical agency personnel

HAGUE CONVENTION AGENCY REQUIREMENTS ADDRESS MANY OF THE CONCERNS ABOUT UNETHICAL AND ILLEGAL ACTIVITIES

UNDER THE HAGUE CONVENTION, COMPLAINTS CAN BE MADE ABOUT ADOPTION AGENCIES THAT ARE ENGAGED IN QUESTIONABLE PRACTICES