Showing posts with label MOU. Show all posts
Showing posts with label MOU. Show all posts

Saturday, September 13, 2008

*One Step

Our agency sent out an update this week stating that Vietnam has named a head neogtiator - a first step in signing a new MOU. Vietnam has also requested that both governments now begin negotiations toward a the end of establishing a new MOU. So, that's progress, and good news to us.

Last week in Hanoi there was a meeting between the Ministry of Justice, DIA, Provincial Justice officials, MOLISA and directors of the orphanages that are approved to participate in inter-country adoption to discuss possible changes to international adoption procedures in the nation. The following changes were proposed:
The following list is a direct quotation from our agency's email:

  1. The DIA would act as a functional central adoption authority.
  2. That licensed adoption agencies would not have direct contact with orphanage directors for placement of children.
  3. Allocation or referrals of children would be handled by an “adoption committee” which would consist of team members from MOJ, MOLISA, Foreign Affairs or other governmental agencies. This would be done within the central adoption authority.
  4. That charitable donations for the care of children in the orphanages would be strictly handled by a committee within the central adoption authority. All funds would be deposited with the central adoption authority and they would disperse the funds to the MOLISA office responsible for the orphanage receiving the donations. The orphanage will be required to file a detailed description of how the funds were allocated.
  5. There will be a reduction in the number of adoption agencies licensed in Vietnam. The exact number has not been determined but is reasonably believed to be reduced from 43 to 15.
  6. That Vietnam will initiate legislation to implement the Hague Treaty.

It all sounds good to me, except number 5. Does that mean if our agency is not one of the 15, we are out of luck? Another something to pray about.

There has been no decision by the DIA (of Vietnam) yet as to weather or not our dossiers will be returned or stay on file in country.

Monday, September 1, 2008

*CLOSED

We have been dreading this day for a long time, but inevitably, it has arrived. The MOU expired today, meaning that adoptions between the US and Vietnam have ceased. We pray this is a short closure, but have no idea what to expect. Our agency seems more optimistic than others I have heard from. Do we move on? Today also marks 11 months since we were DTV. 11 months, and now our dossier is coming back to the US to sit here.

I think I'm mostly in denial, but now and then some self-pity sneaks in. I'm ready for my child to come home, but God must know better. I have to trust He has a better plan.

I have been praying for a referral by Christmas. That is highly unlikely now, but still possible. I'm not sure if I should keep praying and hoping for that or not. It would be too good to be true.

To add to the bad news, we found out my mom has a spot of cancer on her gums. She has had to wait a whole week since finding out before meeting with the surgeon, and in that time it has grown quite a bit. Please pray for healing, and peace.

My sister also hasn't been doing well. She has severe anorexia and has gone downhill in the last month. She's currently in the hospital, but should be released soon. Please pray for victory in her battle, and healing for her body.

Sorry to be such a downer. I hope you are having a better Labor day than we are.

Thursday, March 20, 2008

*I Finally Called

More pictures are on Ethica's website

I scared myself by reading adoption info on the internet. I do that every now and then because I don't fully understand the process or who is who... So, after receiving an email from a fellow PAP (prospective adoptive parent) with some concerning news, I called our agency this morning. I've been putting off calling for an update as long as I can, as I know it is something that I will quickly get addicted to doing.

It was really good to talk with our program director. She is honest and well-informed. But, that doesn't mean the news was all positive. The MOU will not be resigned. That is the agreement between the VN and US governments allowing adoption. It expires Sept 1st of this year. The US will not resign it because VN has not met some of the requirements, including a fee schedule to make all adoptions the same (and attempt to eliminate baby buying) and more government oversite of each province. Resigning it would require that Vietnam totally restructure how they work provincially, meaning provinces would have to give up control to the country government, which is quite unlikely, especially in such a short amount of time. Apparently other Europpean countries have no issues with the way it works now, so at least if the US isn't able to adopt from Vietnam anymore, some children will still find homes.

Vietnam isn't super thrilled with the US Embassy right now either. With the change of the I-600 process, the US stated that the wait period for approval would be up to 60 days. Vietnamese law said it had to happen within 30 days. So, VN changed their law to be 60 days, and now the Embassy is taking far more than 60 days in most cases (because they are backlogged and understaffed). That has offended VN officials. Also, when the Embassy investigates adoptions, they are showing up unannounced to the orphanages, and in unmarked vehicles. They probably have reason for doing so, but this has also offended VN officials, making it harder to negotiate and come to an agreement so that adoptions can continue. I am glad the US has high standards and making an effort to improve the ethics of VN adoptions, but it is making it harder on us PAPs. It shouldn't be about us though. It should be about the children.

Our agency only had one referral last month, and none so far this month. The director said it has been very slow, and it is probably partially because of the big Tet holiday last month, and because of the current US/VN relations. When the Director of our agency, John, was in VN last month, he was told several referrals were on their way. We'll see. We have been waiting 5.5 months, and have gone from number 39 to the early 20's.

The waiting list isn't that informative though, because some of those on the list are requesting boys, and some are requesting girls, while some are eithers. But, we still have a long wait ahead of us.

Some families in our agency are have also signed on with their Nepal program (which has been closed but should reopen any day now), meaning they are doing concurrent adoptions. These families hope to adopt 2 children, one from Nepal, and one from VN, but in case VN closes, they will still have one adoption to be waiting on. The thought has crossed our minds to do this, but likely with a different country. But, our hearts are set on Vietnam, and our current plan is to wait several years after we get Liv, and adopt an older and perhaps special needs child. Or maybe to do foster care and adopt out of it. We'll see.

I also learned today that it is the orphanage officials that give the referrals to the agencies of their choice. Once the agency gives that referral to a family and the family accepts it, a letter of acceptance is sent to the VN government, and that is when they know who is matched with who. So, it is important that agencies maintain good relations with orphanages, and often do this by aiding (charitably) them. I know our agency is helping a little boy get much needed surgery to remove a huge facial tumor, has helped install several water purifiers, and is helping remodel a building into a new orphanage. I know it is not their motive to get more referrals by doing so. They have always helped the Vietnamese orphans, even while the country was closed before.

I suppose the conclusion of what I learned today is that things are looking hopeful that adoptions would be completed for people like us who have their Dossiers in Vietnam by the date it closes, but it is also looking likely that VN will close to US adoptions for at least a short time. The JCICS (Joint Council on International Children's Services) has vowed to fight for VN/US adoptions, and that will be helpful. We just need to pray hard. Please join us in praying that God would unite orphans with their loving families soon.

For other PAPs out there, please don't read what I write as fact. I don't totally understand everything in this US/VN adoption world, but this is my take on what our agency told me.

Monday, January 28, 2008

*A Hiccup?

The question is, is this a hiccup, a huge obstacle, or a deadend?

There is negative news on the Vietnam adoption front this week. On Friday our agency sent out a letter detailing a meeting that had occurred that day with the State Dept, USCIS, government officials, and US adoption agencies. Our agency prepared us for the announcement that came out today for prospective adoptive families from Vietnam. In the announcement, the Dept of State warns that adoptions between the US and Vietnam may end in September when the MOU expires. Here is some of the announcement:

“The Department of State warns potential adoptive parents and adoption service providers of the risk of initiating new adoptions from Vietnam at this time. The 2005 Memorandum of Agreement, required by Vietnamese law to authorize adoptions between the United States and Vietnam, expires on September 1, 2008. The United States is strongly committed to continuing intercountry adoptions from Vietnam if possible. Our primary concern is to ensure that the children and families involved in the adoption process are protected from exploitation. The Government of Vietnam shares this concern. Both countries acknowledge that more needs to be done.”

Apparently Vietnam hasn’t met the requirement from the 2005 MOU that is currently in effect. They haven’t provided a fee schedule, and there is not enough regulation of individual provinces in the adoption process. They say that they are working hard to sign another MOU (which is required by the Vietnamese Government, not ours), but they can’t guarantee that it will happen.

So, the immediate question in our minds is what happens to us and others like us who have their paperwork into Vietnam far before the expiration, but do not yet have referrals or haven’t yet completed the process and picked up their children? Will we have to wait years as people have done when the country was closed in 2004 and 2005? Or, will they complete the adoptions of all whose Dossiers are in before the expiration in September?

The adoption buzz guy, who I consider knowledgeable and trustworthy as far as I know, is optimistic that the Vietnamese government would finish out such adoptions. But, nobody is giving us PAPs (prospective adoptive parents) the promise and assurance we want. I am glad they are being truthful and not just telling us what we want to hear.

This is interesting though, because this news comes just as I was questioning our adoption. I do feel like I am in a long line to adopt a healthy infant girl from Vietnam (because I am), and that if we weren’t in the line, someone else would be. We aren’t adopting a child that won’t be adopted if we weren’t there (did you follow that?:) I do feel called to adopt orphans that need me. But, maybe the issue is not that our daughter would have a parent regardless, but that she is our daughter. We just need guidance and assurance that Vietnam is where our daughter is.

Lord, please protect the Vietnam adoption process. Help the US and Vietnamese officials come to an agreement that is most beneficial to the children of Vietnam. And please guide us to our child. Use us to love those you love. Complete our family and give us peace and patience in the process. Thank you for being in control and a Father to the Fatherless. Amen


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