Confusion Reigns Over Adoptions
22 November 1994
On the question of whether, until when and under what circumstances a foreigner can come to Russia to adopt children, there is at the moment a state of utter confusion.
The catalyst for this appears to have been anticipation that a law on adoption is nearing acceptance, having passed through the most difficult legislative hoops inside the State Duma. Next it goes to the Federation Council and from there to the president.
The Education Ministry has indicated that it plans to clamp down on foreign adoptions as soon as the law comes into effect -- but how and when remain open questions.
The U.S. Embassy, which has to deal with by far the largest number of would-be mothers and fathers coming to Russia, has, understandably, taken the most conservative view. It has warned that as early as Dec. 1 there will be a freeze on foreign adoptions, with the clear implication that if you are not already in Russia engaged in the process, then you should not come here now.
The Education Ministry, however, disputes this interpretation. To begin with, Dec. 1 is the earliest possible date by which the bill could be signed into law -- it could well take much longer. In addition, the ministry says anyone who has already been approved as a candidate for adoption will be able to complete the process. Since the ministry's announcement on the subject was verbal -- there was no written decree -- it is hard to be any more precise than that.
Meanwhile, out in the regions where the adoption process is actually being implemented, it is probably a mere question of luck as to how these vague pronouncements will be interpreted for any single case. As a result, confusion reigns.
Virtually everybody involved in the adoption process agrees that more regulation is required. The current system, in which just about anything goes, leaves the gate wide open for the kinds of abuse and profiteering that are strictly outlawed in more stable societies. Many believe such practices are as widespread in Russia as they were in Romania several years ago, when that country was rocked by baby-selling scandals.
That said, the present confusion can help nobody and is all too typical of Russia's still-haphazard legislative process. Even once the new adoption law has been enacted, imprecision in its language and the difficulties involved in creating a nationwide database to assist in placement of children are likely to ensure that the state of near-chaos continues for some time to come.
While it is true that these problems apply to taxes and other areas of legislation just as much as to adoption, there is an imperative for clarity here because the people affected -- adults and children alike -- are highly emotionally vulnerable.
The catalyst for this appears to have been anticipation that a law on adoption is nearing acceptance, having passed through the most difficult legislative hoops inside the State Duma. Next it goes to the Federation Council and from there to the president.
The Education Ministry has indicated that it plans to clamp down on foreign adoptions as soon as the law comes into effect -- but how and when remain open questions.
The U.S. Embassy, which has to deal with by far the largest number of would-be mothers and fathers coming to Russia, has, understandably, taken the most conservative view. It has warned that as early as Dec. 1 there will be a freeze on foreign adoptions, with the clear implication that if you are not already in Russia engaged in the process, then you should not come here now.
The Education Ministry, however, disputes this interpretation. To begin with, Dec. 1 is the earliest possible date by which the bill could be signed into law -- it could well take much longer. In addition, the ministry says anyone who has already been approved as a candidate for adoption will be able to complete the process. Since the ministry's announcement on the subject was verbal -- there was no written decree -- it is hard to be any more precise than that.
Meanwhile, out in the regions where the adoption process is actually being implemented, it is probably a mere question of luck as to how these vague pronouncements will be interpreted for any single case. As a result, confusion reigns.
Virtually everybody involved in the adoption process agrees that more regulation is required. The current system, in which just about anything goes, leaves the gate wide open for the kinds of abuse and profiteering that are strictly outlawed in more stable societies. Many believe such practices are as widespread in Russia as they were in Romania several years ago, when that country was rocked by baby-selling scandals.
That said, the present confusion can help nobody and is all too typical of Russia's still-haphazard legislative process. Even once the new adoption law has been enacted, imprecision in its language and the difficulties involved in creating a nationwide database to assist in placement of children are likely to ensure that the state of near-chaos continues for some time to come.
While it is true that these problems apply to taxes and other areas of legislation just as much as to adoption, there is an imperative for clarity here because the people affected -- adults and children alike -- are highly emotionally vulnerable.
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