Tuesday, December 25, 2012

Merry Christmas

Merry Christmas! It's such a wonderful time of year. Baking cookies, wrapping presents, listening to holiday music. I love it all!

This year Tony and I enjoyed a Christmastime date night, catching the Holidazzle Parade Saturday night (something that will be much more fun with Oliver next year) and trying a new restaurant afterwards. Yesterday, while we were at the Christmas Eve church service, I realized that it was 9:00 a.m. Christmas morning for Oliver. Tony and I shared a moment, wondering if he was awake yet and what his foster family does to celebrate Christmas. I'm not sure we will be able to find out what they did, though I am hoping that perhaps they took a few pictures and share them with us when we meet.

Christmas morning in Minnesota found the tree full of gifts for Oliver -- both here and at Tony's parents' house. Santa even stopped by with his first set of golf clubs and a Leapfrog Tag Reader book. Between Santa, the grandparents and a few friends, Oliver's already getting spoiled! Check this out:



Next Christmas will be a whole new world for us, and probably much more fun! For now, we're going to take advantage of no responsibilities -- sitting back to watch a movie. I hope you have all had a terrific Christmas and that you feel as blessed as Tony and I!

Merry Christmas!

Friday, December 21, 2012

Webinar Recap

Children's Home Society held a webinar last night to provide families in the Korea program with an update on the current status of international adoptions in Korea. For the past week I have been wracked with worry that the Korean government was considering closing international adoptions (rumors abound that Korea wants to close to international adoption and that they have been trying to do so for the past several years). At 6:00pm I nervously logged on to the webinar. With great relief, about 3 minutes into the 90 minute session, they reassured us that Korea is not looking to close international adoptions and that we do not need to be worried about a disruption in the adoption for those of us who are already matched.

Whew!

Talk about a big relief! I doubt that is the last time I will loose sleep over little Oliver, though! 

The rest of the update was mostly what we've already heard -- the processing of international adoptions is at a standstill while the family court system and Ministry of Health and Welfare try to figure out how to implement the new law. U.S. and Korean agencies are working to supply examples of how other countries have successfully done this, and they are also making recommendations of how they could keep families moving through the system while they work out the details. Basically it's a case of Red Tape. We are caught in the middle! So, more waiting for everyone, but less worrying about the possibility of loosing Oliver.

In other news -- Oliver officially has more under the tree than anyone else, and Santa hasn't even come yet! I can only imagine what 2013 will bring!


Wednesday, December 19, 2012

International Adoption Woes

Korea isn't the only country currently navigating international adoptions issues. This article was published today regarding Russian adoptions -- specifically U.S. citizens adopting from Russia. While there are still several additional approvals the bill will need in order to become law, this is quite alarming for anyone presenting working toward a Russian adoption. While I have a fear (way in the back of my mind) of Korea closing down before we get to travel, I know it is highly unlikely. That scenario has played out for other families adopting from other countries, though. And now Russia may be the latest. Very scary for both the U.S. families and those children in the orphanages.


Russia gives initial OK to American adoption ban
  • Article by: JIM HEINTZ
  • Associated Press
  • December 19, 2012 - 7:25 AM

MOSCOW - Russia's parliament on Wednesday gave overwhelming preliminary approval to a measure banning Americans from adopting Russian children, a harsh retaliatory move against U.S. human rights legislation.
Top Russian officials have expressed unease about the proposal, an apparent indication that the Kremlin opposes the move.
The lower house of parliament, the State Duma, on Wednesday approved the second reading of a bill responding to the U.S. legislation. The proposed adoption ban was not part of the original bill, but was added as an amendment.
To become law, the measure has to pass a third reading in the Duma, then clear the upper house before going to President Vladimir Putin for his signature.
Putin has not spoken publicly about the measure, but his spokesman Dmitry Peskov indicated Wednesday the Russian leader regards it as excessive. Peskov told the Interfax news agency that, although Putin understands the emotions that prompted the move, "the executive powers are taking a more restrained line."
Foreign Minister Sergey Lavrov and Russia's education minister both spoke out against the amendment and the speaker of the upper house, close Putin ally Valentina Matvienko, cautioned that the lower house was being guided by emotions rather than good sense.
But the overwhelming 388-15-1 vote in favor of the amendment Wednesday included lawmakers from the pro-Putin United Russia party. It was not clear if the opposition from top officials could bring about a reversal.
Many Russians have long resented the adoption of Russian children by Americans, sensitive to the implication that Russians are hard-hearted or economically unable to take care of their own. The resentment is fanned by cases of abuse or deaths of Russian children adopted by Americans.
Underlining the anger, the bill is named after Dima Yakovlev, a Russian-born toddler who died in the United States after his adoptive father left him in an car in the broiling heat for several hours. The father later was found not guilty of involuntary manslaughter.
The measure is in response to a new U.S. law, signed last week by President Barack Obama, which calls for sanctions against Russians assessed as human-rights violators.
That law stems from the case of Sergei Magnitsky, a Russian lawyer who was arrested by the Russian officials he accused of a $230 million tax fraud. He was repeatedly denied medical treatment and in 2009 died in jail. Russian rights groups have accused the Kremlin of failing to prosecute those responsible.
The amended passed by Duma on Wednesday also says any country that passes legislation similar to the Magnitsky Act also will be subject to an adoption ban.

Monday, December 17, 2012

Package #5


Tony and I found ourselves wandering through a toy store this weekend amid the crazy Christmas shopping. We were on the lookout for some ideas to pass along to Santa, but we also wanted to find something to send to Oliver in his next package. For those of you who know Tony, it will come as no surprise to hear that he often utters the phrase "I don't care" when I ask him what we should send or what he might want to include in these packages. But you should have seen him in the toy store! He zoned in on this stuffed monkey with little velcro hands and immediately said we had to send it to Oliver. He was so sweet about it, I couldn't refuse (even though I knew we wouldn't be able to fit the monkey and the CDs I bought to send).

So, here's the package we are mailing to the agency today. It doesn't contain much, but the monkey was selected with love! You'll also see how Mr. Monkey will be making the journey to Korea....he may need a bit of chiropractic care when he arrives!

I might be a little bit squished, but I'm still awfully cute!

Thursday, December 13, 2012

Not Helping

I've mentioned this in past blog posts -- international adoptions from Korea have come to a grinding halt as the Korean Government tries to find the best way to implement a law adding a court review step to both domestic and international adoptions. As a result, no further emigration permissions will be issued until the court review process can be finalized. Only then will they allow the first group to move through it. As you may imagine, this is especially difficult for the families who have had their paperwork (quite literally) sitting with the Ministry waiting for approval since early October. This group had expected to travel in 2012, but will now be the first group to travel in 2013. 

Our local agency will be presenting a webinar late next week to update all of the waiting families on what is going on and what the future could hold. In the meantime, they shared this article with us as an example of why the court review is being deemed necessary and why there is increased pressure on the Korean Government to "get it right." I have not been able to find any other details about this family, so I will not make any assumptions about their intentions. Perhaps they simply didn't realize they were not following the proper procedures. Bottom line, though -- this is not helping.

Much of the recently heightened scrutiny around the adoption process by the Ministry of Health and Welfare (MOHW) and by the Korean Court system is a result of the allegedly illegal adoption of a Korean infant, which took place this year in the state of Illinois. Below is the most recent article from Korea’ Donga Ilbo newspaper (English translation).

ENGLISH TRANSLATION OF ARTICLE:
We are caught up in a situation in which a six-month infant girl has been illegally adopted overseas.
According to the Ministry of Health and Welfare (MOHW) on the 11th [of this month], Couple A of the United States received a 19-day old baby on June 28, in Tong Yang, Gyeongnam [Korea] and headed for Chicago. The birthmother of the child, Mother B, is a birthmother in her 20s living in a group home for single mothers.
On the cusp of the delivery of the child, Mother B expressed to the Director of the group home where she was living, that she would like to make an adoption plan for her child. Through an acquaintance, the Director of the group home found Couple A in Chicago in the United States. Mother B signed a contract relinquishing her parental rights and she handed the child over to Couple A. Couple A claims that on the 13th of last month, they received custodial rights of the child from an Illinois Immigration Court. As Couple A were filing for custodial rights via the Courts, they also filed for a visa. Since the child does not have citizenship, it would be necessary for a visa to be issued in order for a visit in the United States to be possible. It is in this regard that the United States Office of Homeland Security suspects that Couple A did not receive the adoption visa (IR3) and adopted the child through a Visa Waiver Program (VWP).
On the 8th of last month, via the U.S. Embassy in Korea, the U.S. Office of Homeland Security inquired as to what the legal procedures for adoption via the Korean Ministry of Health and Welfare (MOWHA) are. This is the first instance in which the American government has made an official inquiry to the Korean Government regarding an international adoption.
The MOHWA notified the United States as to the results of the investigation regarding illegal overseas adoption.
In accordance with Korean adoption law, overseas adoption is only possible when there is no guardian or when the parental rights have been relinquished for children only under the age of 18 as allowed by the status of “child in care” as established by an adoption agency or via a judgment by the Family Court. A person affiliated with the MOHWA said, ‘The contract written by the child’s birthmother is not a legally valid format.’
Accordingly, on the 19th of last month, the U.S. government isolated the child from the care of Couple A. Couple A lashed back; the next day the couple filed suit with a Federal Court against the Office of Homeland Security for the return of the child.
The MOHW has come forward to bring back the child to Korea. On November 27 and 29 at a trial (part 1 and part 2) in U.S. Federal Court, an opinion was submitted that read ‘since this was a violation of the adoption law, the adoption is invalid.’ This month, the third trial was held and an employee of the MOHW attended. At that time, a lawsuit was filed in a court in the state of Illinois in the U.S. to involuntarily terminate the custodial rights of Couple A. The Korean Prosecutors’ Office has accused Couple A of alleged abduction of a minor, and has accused the director of the single mothers’ group home of alleged violation of adoption laws regarding the intermediary role of single mothers’ homes.
Since the second trial in Federal Court, and until the litigation is completed, Couple A has temporarily been designated custodian of the child. Currently, Couple A has the child and the original relinquishment of the child is still not clear. Things will changes in accordance with the final judgment of the Federal Court. Presently, we must wait to see if the Federal Court rules in favor of Couple A, and we must wait for the judgment of the state court as to whether it will terminate the couple’s formal request for custody of the child. The MOHW has said, ‘we are cooperating closely with the U.S. government. If the child is brought back, she will be placed for domestic adoption.’

Monday, December 10, 2012

17 Months - Photos!

Do we have a musician in the making?
This weekend Tony and I put our Christmas tree, placing Oliver's ornament on first (and putting it front and center so we can see it all of the time). We made a night of it, enjoying some cocktails, a good steak dinner and watching Casablanca with all of the lights off except the Christmas tree. It was a lovely Saturday night. Next year Oliver will be able to take part in the tree trimming -- though we may swap the cocktails for hot chocolate and the movie for something a bit more kid-friendly! I can't wait.

This morning we were blessed with another round of photos. Oliver is officially 17 months old, has a very full head of hair and keeps getting taller. In two of the photos you can see the cars we sent him, which means he just received our latest package. Here's one of the photos - click over to his page for the rest.

Have a wonderful day!

Wednesday, December 5, 2012

Oliver's First Ornament

He may not be here yet, but I couldn't resist starting his ornament collection now. I can't wait to put this on the tree this weekend!