GUIDE TO AN ETHICAL ADOPTION Summit Church Orphan Care Ministry contents: statement on ethical adoption; appendix 1: Questions Every International Adoptive Parent Should Ask; appendix 2: Researching Adoption Agencies

Statement on Ethical Adoption Adoption is a wonderful action that clearly displays the gospel. Because of what adoption teaches the watching world about God, Christian families should pursue adoption both wholeheartedly and with responsibility. Many estimates place the number of orphans in the world at more than 150 million, but not all of these orphans are legally adoptable. With large sums of money exchanged, there is a great potential for corruption – especially with international adoptions. Documented cases exist of embezzlement, forged paperwork, and even child trafficking for the purpose of completing an adoption. The Summit Church recognizes that even well intentioned families may unknowingly participate in unethical adoptions. The adoption process can be lengthy and complicated, but taking certain measures can minimize this risk. There is great potential to harm individual children and families, the cause of orphans worldwide, the Summit Orphan Care Ministry, and the church as a whole if we even unknowingly - participate in child trafficking and other ethical travesties. This guide is intended to protect the adoptive families of The Summit Church by prompting careful ethical consideration before the adoption process is complete. Our prayer is that the guide will clarify information you need to confidently pursue the calling God has placed on your family.

THE HAGUE CONVENTION The Hague Convention was established in 1993 to help govern ethical inter-country adoption. All signatories to this convention agree to certain steps to ensure ethical adoption and minimize corruption. Both countries and adoption agencies may join the Hague convention. Some Hague-accredited agencies work in non-Hague accredited countries, and still maintain Hague standards. The Hague Convention is not a foolproof way to ensure ethical adoption, but it does have significant power to help regulate international adoption through the provisions it enforces. Several of the provisions are especially important in countries with weak enforcement of law, including requiring accredited agencies to institute processes to determine if a child is truly an orphan (and therefore legally adoptable), or requiring accredited agencies to ensure transparency of fees for adoption agencies. While choosing a Hague-accredited agency is generally encouraged, there may be situations with

international adoption in which adoption by a non-Hague approved agency or facilitator will be the best route for your family. We hope that this guide will help you make that decision with a careful and wise approach.

PATHWAY TO ETHICAL ADOPTION • Each family should take personal responsibility to adopt ethically. • For domestic adoption, families should use reputable local agencies, attorneys, and social services to ensure a high level of transparency and integrity in their adoption. Private adoptions are generally discouraged, and cost should not be the primary reason for considering a private domestic adoption. • In the case of private domestic adoptions, families should ensure that the birth parent(s) have access to a full range of supportive resources, including: • An independent advocate for the welfare of the birth parent(s) and child. • Pre-placement and post-placement counseling and/or support network. • Sufficient time to consider all options available, including parenting. • For international adoption, families should consider the following: • Adoption with a Hague-accredited agency is generally encouraged, regardless of whether the intended country is Hague-accredited. Private adoptions are generally discouraged. • One should not assume that using a Hague-accredited agency automatically makes all aspects of an adoption ethical. Care should still be taken to ensure integrity of the process. • There may be some cases when pursuing a private adoption or working with a non-Hague agency may be ethical. These should be studied carefully prior to commencing the adoption, and all possible avenues should be pursued to ensure the integrity of the adoption. • Families should consider the option of arranging for an independent third-party investigation into the orphan status of their referred child(ren). This is a good option in both Hague and non-Hague countries. • Families who do not use a Hague-approved agency should consider arranging a thirdparty investigation if possible.

• From time to time, issues arise in a country that makes it extremely difficult to adopt from that country ethically in any way at all. Despite the presence of orphans, pursuing adoption during these times can be detrimental to the cause of caring for orphans. • Families should be aware of any red flags, including the following: • Extremely early age at referral (in general, the youngest age at referral is several months for international adoptions). • Lack of paperwork provided at time of referral that describes the circumstances under which the child became an orphan. • Lack of paperwork demonstrating a complete investigation regarding how the child became an orphan, provided at any time during the process. • Adoptions that are unusually fast, expensive, or inexpensive • Adoptions with an agency that does not give any significant amount of local aid to the countries in which it works.

ETHICAL PARAMETERS FOR THE SUMMIT ADOPTION FUND Summit families may apply for a matching grant from the church through Lifesong, whether they are adopting through social services, a private agency, or a private attorney. Families adopting internationally through a Hague-accredited agency will be considered eligible for the matching grant. A family may have valid reasons to choose an agency that is not Hague-accredited for your international adoption. If you choose this route, we will simply ask you to write a short statement explaining why you chose that agency and how you evaluated its ethical conduct. The statement should be no more than one page, and should include specific steps taken to verify that the agency operates in a transparent manner. (For helpful tips, see Appendices II & III) Elders of The Summit Church will review your statement in light of a variety of factors, including agency reputation, country, circumstances of the referral, care taken to ensure integrity of the adoption, and advice given by the family’s mentor couple or others with expertise in that specific country. The elders will generally err on the side of grace and trust in the adoptive family’s judgment, and whenever possible provide a solution instead of a rejection.

APPENDIX 1:

Questions Every International Adoptive Parent Should Ask

SPECIAL NOTE: Below are example questions with suggested answers to help with general guidance. We know that every situation is unique, there are sometimes exceptions, and that a “red flag” answer does not necessarily indicate an unethical adoption. However, it should cause you to carefully consider the ethical situation surrounding your particular adoption situation. • “How long has the child been in foster/orphanage care?” Favorable answer for abandoned child: At least several months. Favorable answer for relinquished child: Varies and depends on situation. “Red flag” answer for abandoned child: A very short time, not enough time to have made a thorough attempt to locate birth family or find a domestic placement. “Red flag” answer for relinquished child: The child is not currently in care. They are still with extended family. Once a family commits to the child, we will move the child into care. • “In the case of abandonment, what attempts have been made to locate any living relatives?” Favorable answer: Attempts have been made to locate living relatives (for example, radio and newspaper ads, copies of which are available). These were run soon after the child was found. A police report is also available. “Red flag” answer: There is nothing to demonstrate a sincere attempt to locate relatives. • “How are you working towards family preservation as well as international adoption?” Favorable answer: Sponsorship programs, supporting birth families. “Red flag” answer: International adoption is our preferred option. We believe an American family can provide a better life for the child than a local family.

• “If money were not an issue, would someone in the family be able to care for the child?” Favorable answer: Even with sponsorship/financial support, the family cannot or is unwilling to care for the child. “Red flag” answer: Yes, they want to care for the child but don’t have financial resources to do so. • “Can you show all the steps and paperwork involved in determining that the child is truly an orphan?” Favorable answer for abandoned child: Documentation, including a police report, of attempts to locate the biological family is available, allowing sufficient time for birth family to locate and reclaim child. Favorable answer for relinquished child: Care order (parental rights relinquished) completed before PAP enters the picture. “Red flag” answer in either case: One or more of the above steps has not been completed. • “Does this child meet the USCIS definition of an orphan?” Favorable answer: Legally, it is the adoptive parents’ responsibility to ensure that the child meets the USCIS definition of an orphan. Still, the adoption agency, orphanage, and/or attorney should be taking steps to make sure every child they refer for adoption fits this definition and understand who can be adopted under US law. Here is the USCIS definition: http://1.usa.gov/ApBTyh. In most cases, children should have either been abandoned or have experienced the death of one or both parents. “Red flag” answer: The adoption agency/attorney/orphanage seems unaware of the criteria for a child to be considered an orphan under US law. Even worse, those responsible for the child are willing to manipulate paperwork to make the child appear to be an orphan. • “What is the process for determining which children are eligible for adoption and who makes that decision...orphanage worker? Agency? What are the criteria?” Favorable answer: If there are not any living relatives who are able to care for the child and, if abandoned, all searches have turned up empty, an attempt was made to place the child with a local family. If no one was willing/able to foster or adopt the child from within the country, the child was considered eligible for international adoption. If with an agency, the country director has verified that this is the case and that an effort has been made to locate any living relatives prior to considering the child adoptable. If independent, the local attorney/probation officer/investigator has verified the accuracy of the story before the child is considered adoptable.

“Red flag” answer: A potential adoptive parent identifies a child that they are interested in, and then a determination is made about adoptability; the investigation is started after the referral is already made. • “Can you give us a fee schedule, and are there any extra fees or additional costs that I should be aware of?” Favorable answer: Here is a list of our fees. The fees should be itemized and should make sense. “Red flag” answer: The attorney/agency will not firmly commit to an amount upfront (or has a history of being unreliable) or the fees change during the process without a clear reason. Fees classified as a “foreign program fee” or “humanitarian assistance” need to be explained fully. • “Do you require families to make a donation to the orphanage?” Favorable answer: No, in most cases. It may be appropriate for parents to pay for documented expenses incurred by the home during the adoption process. Some adoption agencies may ask families to pay fees that support humanitarian programs in the country or around the world. If this is the case, you need to ask if any donations are made to the orphanage in exchange for each child placed for adoption. It is best if the humanitarian programs are not dependent on children being placed for adoption. “Red flag” answer: Yes, if the PAP is paying money or it’s equivalent to anyone who is responsible for the child, including the biological family or orphanage, as a condition of the adoption. When orphanages rely on support from adoptive families or adoption agencies, they become financially dependent on continuing to place children for international adoption. • “Are you familiar with the embassy process?” Favorable answer: Yes, the process is known and documents that need to be taken to the visa interview will be provided. “Red flag” answer: No, this is not part of the attorney’s/agency’s work or no, they are unfamiliar with the requirements and regulations of the embassy • “Have any children from your agency, orphanage or whom you represented in court been denied an orphan visa from the US Embassy? If so, how was this resolved?” Favorable answer: No; if yes, there is a clear and reasonable explanation. “Red flag” answer: Yes, and there is not a convincing explanation.

• “Do you allow 3rd party investigations of referrals?” Favorable answer: Yes. “Red flag” answer: Not at all. Some adoption agencies have in their contracts wording that prohibits adoptive families from using a third party investigator. Remember, most agency contracts serve to protect the adoption agency from lawsuits in the United States and absolve the agency from any responsibility for their behavior or the behavior of their representatives outside of the United States. • “Who is on the ground in the country? What are their credentials? For agencies in the US, how often does someone from the US visit the country and how much time do they spend?” Favorable answer: The agency has staff working closely with orphanages or organizations in country. The representatives visit regularly and have close relationships with the staff, or someone is on the ground in-country full time. These are certified social workers that are familiar with international adoption and USCIS rules and regulations. “Red flag” answer: There is no one working on the ground in country. Representatives visit periodically or have only visited the country on a few occasions. All information is obtained second-hand from others who are in country. Turnover rate is high or staff does not possess qualifications pertaining to adoption (not social workers, welfare officers, attorneys, etc). Adapted from http://our-life-2gether.blogspot.com/2012/02/questions-every-pap-needs-to-ask.html

APPENDIX 2:

RESEARCHING ADOPTION AGENCIES

Please note that many of the questions below do not have a “right” or “wrong” answer, but simply are meant to help you think through various factors that may affect your decision.

Background • How long has the agency been in operation? Do they have a long history and good reputation? • Is the agency non-profit or for-profit? • Is the agency’s staff experienced? How large is the staff? • How long have the director and other leaders been there?

Success & Reputation • How many children have they placed in the past year? The past 5 years? • Have they experienced any failed placements or lost referrals recently? If so, how many? • Are you able to contact other families who have recently used the agency for references? • Is this a Christian agency or not? Remember that not all “Christian” agencies are best. • What are people saying on the Internet about this agency on various adoption forums and websites? Sometimes information may be incorrect, but should still be researched.

Support • When inquiring about information or questions, do they respond promptly and professionally? • What kind of pre- and post-placement counseling and support does the agency offer for adoptive parents? What about for birthparents?

• What kind of community is available through the agency, both for families in process, and for families post-placement? • What kind and how much training does the agency offer (and require) for families?

Eligibility & Available Children • What are the agency’s minimum requirements for families (may include marital status, religion, financial stability, health, age, children already in the home, etc.)? • How much flexibility do families have in expressing preference with regards to age, gender, health, etc.? • What is the agency’s policy regarding a pregnancy occurring during the course of the adoption process? • What kind of timeframe/wait time is the agency currently experiencing? How many families are waiting? These times will likely depend on your family’s preferences/parameters.

International Adoption Specific • In what countries does this agency have programs? • How long has the agency had an established program in the country you are considering? • What types of aid does the agency provide to the countries they operate in? Do they support the community in which they work, or do they focus solely on adoption? • How are waiting children cared for? Where do they live? What is the caregiver to child ratio? How are these expenses paid? • Is the agency Hague accredited? Have their operations ever been suspended for any reason in any country? • Will the agency provide waiting families with occasional video or photo updates? • Who handles in-country operations for the agency? How long have they held this position? Who handles legal representation for the agency in that country? • What have been the recent trends and developments in the country you are interested in? Has the country closed recently for any reason? • Are both spouses required to travel? Do they allow you to bring your children? How many trips

are required and how long will the family need to stay in-country for each trip?

Finances • What are the agency’s fees and at what points during the process are they due? You’ll need to consider the home study, processing and filing fees, etc. Don’t be afraid to ask for the estimated total cost for your specific situation. For international adoption, travel expenses should be included in the agency’s estimation.