Saturday, July 31, 2010

UPDATE: Artyem (Hansen) in Orphanage and NCFA Involved

The NCFA is sticking its nose in the case of Artyem, who at 7-years of age was put on a plane back to Moscow alone by Tori Hansen who had adopted him.

In the letter Hansen sent with Artymen she stated he was "mentally unstable" and that: "As he is a Russian national, I am returning him to your guardianship and would like the adoption (annulled)."

Attorney Larry Crain of NCFA, however, claims the child is a U.S. citizen by virtue of an international adoption treaty and that Hansen is still his legal parent. Futther, a local (Tennessee, presumably_ school teacher had petitioned the court to be the child' court appointed guardian ad litem.

I recall previous reports that Hansen did what she did and as quickly as she did because it was prior to the adoption being finalized. This points out a very gray area of transnational adoption. The child is considered by the sending country an American once he he is issued a visa. But it takes a while until the U.S. finalizes the adoption.

An August 12 hearing in the case had been scheduled, but has been postponed.

The case sparked an international uproar and led to a series of meetings between U.S. and Russian negotiators over a proposed agreement on international adoptions between their two countries.

The proposed agreement calls for a reduction in the number of U.S. adoption agencies accredited to operate in Russia,

Moscow's children's rights commissioner, Pavel Astakhov, has said. "Independent adoptions" will be abolished, and there will be a new Russian-American agency that will inspect any U.S. family adopting a Russian child, he said.

A senior State Department official has indicated that a possible provision of the new agreement would allow earlier and more frequent sharing of information both before and after adoptions. He said some American couples don't see details of a child's medical and psychological condition until a court appearance for final adoption approval.
These suggestions would greatly improve outcomes, however, what international adoption today is not "independent"?  They are processed through "agencies" that are nothing more than privately or religiously owned businesses, not government agencies. So, who is going to oversee these procedures and regulations. That is the issue.

There is no governmental agency in the U.S. overseeing any adoption practices - domestic or international. There are no required education or certifications requirements to arrange adoptions.   All of this endangers all parties using adoption services, most of all mothers in crisis and their children who do not have the protection of legal counsel that adopters do.


Anonymous said...

Mirah Riben said...

Thanks. That article says:

"Its our feeling, through the Russian officials we have been working with, that this child is in need of medical attention, psychological help and counseling as well as child support," Crain said. "There has been no effort to support this child who is a U.S. Citizen by virtue of this adoption."

The Shelbyville Times-Gazette reported Friday that Crain filed a court petition in Tennessee naming Jennifer Terhune - adoptive mother of 3 - as "an adopted mother who is willing to serve as guardian for the minor child."

AND it says: "Russian officials refuse to let the boy return to the U.S. until his adoptive mother is criminally charged for sending him back."

Anonymous said...

Some background history on Larry L. Crain.

"Religious right defended', The Tennessean, 1995

Mirah Riben said...

BINGO. In this case he stood WITH the NCFA against open records:

Two birth mothers (Promise Doe and Jane Roe), an adoptive couple (Kimberly C. and Russ C.), and a nonprofit organization licensed by Tennessee as a child-placing agency (Small World Ministries, Inc.) appeal the district court's denial of their motion for a preliminary injunction to block the enforcement of Tennessee's new statute governing the disclosure of adoption records. The plaintiffs allege that the statute violates both the U.S. Constitution and the Tennessee Constitution. We affirm the district court's denial of the preliminary injunction, and on the merits of the case, we dismiss the federal claims and decline to exercise jurisdiction over the state claims.

Mirah Riben said...

In the Hansen case, he represents the adoption agency.

The National Council for Adoption has also filed an amicus petition in the case, stating they have a vested interest in the matter "due to its impact on member agencies certified to do Russian adoptions and prospective parents currently awaiting finalization of Russian adoptions." same link as above

Anonymous said...

I hope the Russians make that worthless group butt out. Hasn't enough been done to this poor child? Horrible.

Mirah Riben said...

Yes, but making Hansen - and any other ap who terminates an adoption - pay support would be a good thing. We cannot make then good parents, but we can hold them financially responsible or the willing choice they made.

RussiaToday Apr 29, 2010 on Russian Adoption Freeze

Russi Today: America television Interview 4/16/10 Regarding the Return of Artyem, 7, to Russia alone

RT: Russia-America TV Interview 3/10

Korean Birthmothers Protest to End Adoption

Motherhood, Adoption, Surrender, & Loss

Who Am I?

Bitter Winds

Adoption and Truth Video

Adoption Truth

Birthparents Never Forget