International adoption
by the Ai.Bi. - the Amici dei Bambini (Children's Friends) Association (http://www.aibi.it)
- What international adoption is
- International conventions and the Italian law
- A new culture for international adoption
- The authorized body
- The subsidiary nature of international adoption
- International adoption: an international cooperation project
- Ai.Bi. the Amici dei Bambini Association
- 'Guidelines' for journalists and television authors
- Useful links
1. What international adoption is
International adoption is an instrument for the protection of foreign minors in a state of abandonment and can intervene only in cases in which no other form of life within a family is possible.
To adopt means to accept as a son or daughter a child deprived of the care of his own family of origin.
A characteristic of international adoption is that the child and the adoptive parents - between which a definitive 'filial-parent relationship' is established - are citizens of different Countries. It represents the meeting of two different cultures, the instrument through which a mother and a father who are on side of the world, can respond to the cry for help of a child who lives on the other side.
2. International conventions and the Italian law
Our juridical order has drawn up many and incisive forms of protection for foreign minors in a state of abandonment:- the UNO International Convention on children's rights in 1989, ratified by law 176/91, has recognised that the "higher interest of the minor" must be pursued in all decisions regarding public and private institutions dealing with the protection of minors;
- the International Convention of the Hague on the protection of minors and on cooperation relative to international adoption in 1993, ratified by law 476/98, drew up incisive forms of guarantee to ensure respect for the fundamental rights of the minor also in the sphere of the adoption procedure, recognising furthermore the principle that international adoption must be subsidiary to every other form of protection of minors in difficulty;
- the European Parliamentary resolution on improving the law and on cooperation between the member States on the question of the adoption of minors, published in the European Community Official Gazette C 20 of the 20th January 1997, has underlined that international adoption must be carried out only when the permanence of the minor in his own family of origin or, subordinately, in a foster or adoptive family in his/her Country is absolutely impracticable;
- resolution n. 180 of the 26th November 1998 of the Steering Committee of the Ministry of Foreign Affairs, contained in the "Guide-lines for Italian cooperation on the question of minors" expressly indicates, among the intervention strategies, that of "combating the phenomenon of trafficking and the market in minors with activities of prevention also in coordination with distance support programmes and where necessary, with all the precautions of the case, with international adoption".
- the new law on assistance (L.328/00), which disciplines the integrated system of interventions and social services, has expressly emphasised one of the fundamental principles of our order, the principle of non-discrimination, ensuring its effective and concrete execution (art.1, cl.1);
- the recent reform of the law on the question of adoption and fostering (L.149/01) has recognised and expressly guaranteed to the minor "the right to live, to grow, to be educated within the sphere of a family without distinction of sex, ethnic origin, age, language, religion" (art.1, cl.5).
3. A new culture for international adoption
Notwithstanding the comforting promises regarding legislation on the question, international adoption is still of too limited significance to be able to fully satisfy the protection of minors' rights. A real change of perspective is needed, a new culture that can refocus the whole adoption procedure on the primary needs of the child.
As was recently confirmed, for that matter, also by the National Observatory on Childhood and Adolescence (Report on the condition of childhood and adolescence in Italy relative to the year 2000, with reference to the protection of foreign minors in Italy), "the rights recognized in the abstract are not always enjoyed in practice": the lack of legislation and the application which is sometimes reductive or at any rate ineffective, have contributed to creating a worrying situation with regard to international adoption.
International adoption today must be seen and perceived exclusively from the viewpoint of its "subsidiary" nature: it may, in fact, intervene only in those cases in which all the other instruments for the protection of minors in difficulty have been shown to be unsuccessful (reintegration into the family, national adoption) and when there is no longer any hope for them of staying in a family or at any rate in their Country of origin.
The children who aspire to international adoption must therefore content themselves with a "third choice" family, they bear a heavy burden of suffering and perhaps they have already suffered more than one refusal.
From this aspect it is necessary to find families for them that are really able to welcome them, to give them an answer to problems that they inevitably bring with them.
4. The authorized body
The authorized body for international adoption is a non-profit association officially recognized by the International Adoptions Commission (Cai). It carries out an essential task for the protection of the rights of minors in a state of abandonment, assigned to it by the law ratifying the Hague Convention conferred on it:
The body performs a series of actions for the protection of minors' rights:
1 - It reaches agreements with foreign authorities on whether it is opportune or not to proceed with adoption on the basis of a combination of facts (art.31, cl.3, lett.f of Law 476/98): it is guarantor for the fact that the adoption is carried out in respect of the higher interest of the minor.
2 - The authorized body is bound by law to ascertain the effective state of abandonment of the adopted minor and the correct application of the principle of the subsidiary nature of international adoption.
3 - It has the responsibility of neither having nor practising discrimination against the people who aspire to adoption, first and foremost the children (art.39 ter, cl.1, lett.e of the law 476/98). It is therefore called to bring opposition against any act or behaviour that is prejudicial towards every child's right to a family.
The recent reform of the law on adoption and fostering (L.149/91) has, for that matter, expressly repeated the principle of non discrimination, since the minor's right to live, to grow and to be educated within the sphere of a family must be guaranteed "without distinction of sex, ethnic group, age, language and religion".
This fundamental prescription, which does not permit the authorized body to make choices or to perform activities that may prejudice the right of every child to live, to grow and to be educated in a family, requires specific responsibility on the part of all the authorized bodies, calling them to follow certain operative choices.
When decrees of international adoption suitability are issued which discriminate against some of the minors who find themselves in a state of abandonment, the authorized body, in fact, is bound to abstain from any activity that could possibly be prejudicial, foregoing, if necessary, the acceptance of the charge conferred on it by the couple.
4.a The International Adoptions Commission
The International Adoptions Commission was instituted after the coming into force of a law ratification of the Hague Convention of the 29th March 1993, on the protection of minors and cooperation relative to international adoption. Its headquarters are located at the Head Offices of the Prime Minister's Department, and is composed of representatives of Central, Regional and Local Administrations and Local Authorities. With regard to costs, today there exist criteria of uniformity between all authorized bodies. The Commission has laid down tables to be followed, with minimums and maximums for the countries of origin of the minors.
5. The formation of the future adoptive parents; from the 'dreamed-of' child to the 'real' child
The Commission for International Adoption, according to the guidelines for the authorized body, has underlined the importance of informative and preparatory meetings, and the need to create supporting development courses to enable the aspiring adoptive parents to reach a good level of awareness of the meaning of international adoption.
Law n. 478 of 1998 itself mentions the organization of activities for informing and preparing the couples by the authorized bodies in collaboration with the social assistance services.
The authorized bodies must give a relevant contribution to the activity of preparing the aspiring adoptive couples. The experience that the authorized bodies have already matured in the field must be put at the service of the couple, so that they can develop an understanding of international adoption and become a real resource for an abandoned child. The authorized bodies, in other words, are invested with a precise responsibility towards all minors who aspire to international adoption: they must guarantee, to each one of them, parents that are really able to take care of their needs.
Form the viewpoint of the principle of the subsidiary nature of the private social services sector compared to the public sector - also recognized by Law 328/00 that disciplines the integrated system of social services - the experience of the authorized bodies represents a formative instrument.
On the basis of collaboration with the social-assistance services of the territory, the specific nature of the authorized bodies can in fact be used to advantage in the activity of preparing the couples, given their knowledge of the problem and experience in international adoption.
5.a. AiBi's assistance to the couples
the Amici dei Bambini is close to the future adoptive parents in various ways
Telephonic information:
It is possible to telephone to all branches of the Amici dei Bambini for details of the formative activities and on how to enrol in the courses or for any other type of information or doubts regarding adoption procedures.
- Bologna (Emilia Romagna): from Monday to Friday, from 9.00 to 18.00, at n. 051/330639;
- Bolzano (Trentino Alto Adige): Wednesday and Friday, from 9.00 to 13.00, and Monday, Tuesday and Thursday, form 14.00 to 18.00, at n. 0471/301036;
- Cava dé Tirreni (Campania): Monday and Friday from 9.00 to 18.00 at n. 349/5394305;
- Mestre (Veneto): telephone n. 338/7556500;
- Mezzano (national headquarters): from Monday to Friday, from 9.00 to 19.00, at n. 02/988221;
- Naples (Campania): telephone n. 348/8885186;
- Rome (Lazio): from Monday to Friday, from 9.00 to 13.00 and from 14.00 to 18.00 at n. 06/68808686;
- Vallo Torinese (Piedmont): Monday and Thursday from 17.00 to 19.00 at n. 011/9252715.
The informative meetings are led by couples who have adopted with Amici dei Bambin and their aim is to inform the aspiring adoptive couples on certain subjects:
- who Amici dei Bambini is, what its mission is and how it is organized;
- the Countries in which it operates;
- the meaning of international adoption;
- the assistance to the couples and the adoption procedure;
- the costs of international adoption;
The informative meetings are free and are organized in all Amici dei Bambini branches:
- Mezzano: every Saturday from 10.00 to 12.00
- Bologna. every week, on Saturday or weekdays (Wednesday-Friday);
- Rome and Naples: on Saturday every two weeks;
- Bolzano and Vallo Torinese: individual informative meetings by appointment;
- Mestre: on Saturday every two weeks;
Meeting an adoptive family
It is possible, for the couples who so wish, to meet an
adoptive family belonging to Amici dei Bambini through the
Amici dei Bambini Points spread throughout Italy. The Points
represent a network of volunteers who help to spread the
Association's message of solidarity; it is represented by
couples of adoptive parents.
Information: http://www.aibi.it
Preparatory courses
Amici dei Bambini proposes preparatory courses aimed at all the couples who wish to approach international adoption and who have started the development course at the Social Assistance Services of the Local Authorizes Bodies (in observance of what is established in L. n. 476/98, art. 29 bis, clause 4/b, which obliges the social assistance services and the authorized bodies to provide for the formation of the aspiring adoptive parents).
The preparatory courses foresee initial explanations on the legal aspects of international adoption (the Hague Convention and L. n. 476/1998), and the adoption procedures in the countries of origin and the costs of international adoption; this is followed by discussion and group work on the subject of the 'dreamed-of' child and the 'real' child.
Branches in which preparation courses are held: Mezzano, Mestre, Bologna and Rome
Leaders: a team composed of psychologists and social assistants and international adoption experts, with the task of proposing subjects and stimulating discussion;
Method: discussion on adoption questions, activities and group work;
Participants: from a minimum of 8 to a maximum of 10 couples, not yet in possession of the suitability certification;
Duration: two days, Saturday (9.45-20.00 approx.) and Sunday (9.30-16.30).
Amici dei Bambini also proposes development courses and support and post-adoption courses to the families who have already been approved as suitable by the Juvenile Court .
6. The 'subsidiary' nature of international adoption
The principle of the subsidiary nature is the foundation of the new international adoption, as was laid out at the Hague Convention; international adoption is seen exclusively as the last possible instrument for the protection of children in difficulty, which intervenes only when there exists no other possibility for that child to remain in his/her country of origin.
All subjects involved in the adoption procedure are held to collaborate because it is always ascertained that international adoption represents the only possible alternative to the minor's situation of destitution.
This fundamental principle, exclusively in defence of the minors' rights, presents important developments and implications
- At the legislative level: international adoption must be included in the new law on international cooperation in as much as it is an instrument of this to all effects.
- At the social-assistance service level: the psychosocial relationship of the couple available for adoption is relevant, and also that the foreign authority may evaluate it as a real resource for an abandoned child.
- At the Juvenile Court level: it is necessary for the evaluation of suitability for international adoption to be carried out in the prospective of searching for couples who are able to face the problems and the difficulties that an abandoned child brings with him/her, who for various reasons did not succeed in finding a family in his/her Country of origin. Possible limitations or specific restrictions on the 'parenting capacity' of the couple cannot be evaluated positively by the foreign authority, which is, on the contrary, looking for full and effective availability.
- At the International Adoptions Commission level: the
activity of collaboration with the central foreign authorities
and the promotion of bilateral agreements acquires importance,
in order to generate real application of the principle
of the subsidiary nature of international adoption.
The International Adoption Committee itself, for that matter, together with the Regions, is called on to apply this principle immediately, through the promotion and financing of international cooperation projects carried out by the authorized bodies. - At the authorized bodies level: the activity carried out to prepare aspiring adoptive parents is fundamental, as is also the commitment to the precise task of the promotion of all minors' rights on the part of all the authorized bodies (requested, for that matter, by art.39 ter, lett. f) of the law 184/83, as modified by law 476/98, for the purposes of obtaining and maintaining the authorization).
7. International adoption: an international cooperation project
International adoption represents only one of the instruments through which the authorized body works for the guardianship and protection of abandoned children
The adoption intermediation activity must therefore necessarily be accompanied by the activity of the promotion of minors' rights, by the commitment of the authorized bodies to work for the prevention of abandonment and by the execution of international cooperation projects.
This commitment, however, must necessarily be followed by the actual execution of the international cooperation projects in support of minors in difficulties.
The authorized international adoption bodies must therefore be involved in international cooperation and in projects carried out within the social sphere, which represent the integrating activities of the body and which contribute in a determining manner to the conformation of its juridical and social identity.
From the viewpoint of the principle of the subsidiary nature, for that matter, the rooted concern of the authorized body in the political and social situation of the minor's Country of origin is an essential condition for a correct use of the body itself as the international adoption instrument.
Only on the basis of an active knowledge of the reality, will the authorizing body be able to take upon itself the problems of childhood in difficulty in that Country and contribute to the promotion of minors' rights. The minors' roots in the Country of origin represent the only instrument through which the authorizing body can concretely and effectively apply the ethical principles in which it believes.
8. Ai.Bi. the Amici dei Bambini Association
Amici dei Bambini is an international humanitarian organization founded for the protection of minors' rights.
Since 1986 the association, engaged with international adoption and international cooperation, operates with its own volunteers in Africa, in Latin America, in East Europe and in Italy.
Amici dei Bambini, thanks to Distance Support, has taken care up to now, of over 50,000 children, ensuring for them the possibility of remaining in their own countries with their own families.
In February 2002, Amici dei Bambini was the first non-governmental organization to obtain the quality certification UNI EN ISO 9001 for International Cooperation interventions and Distance Support.
In November 2002 the Association won the Oscar for Social Balance and for Communications promoted by FERPI, FIVOL, CNDC, Il Sole 24ore and Vita in the cooperation for development category, and in 2003 it was among the first 5 finalists for the No-Profit Oscar.
ASSOCIATION UNDERTAKINGS- To create the conditions in which a mother and/or father in any part of the world are able to bring up and take care of their own child.
- To operate and intervene so that a minor in a state of abandonment can find again a mother's and a father's love, preparing the family to receive an abandoned child and also supporting those who are willing along the path towards adoption.
- to inform and foster awareness in society of the problems of minors with family difficulties with the consequent taking on of the responsibility to promote minors' rights and the culture of reception.
THE ACTIVITIES
The association's activities are carried out in three fields of action:
- International Cooperation and Distance Support
- to organize, promote and manage the cooperation programmes, addressed towards minors in the developing countries and in the emergency areas.
- to manage the Proximity Services for foreign minors who have immigrated into Italy.
- International Adoption
- to manage the whole of the international adoption procedures in 17 foreign countries:
- to organize activities of information, sensitisation and formation for aspiring adoptive parents.
- The promotion of the minor's rights
- to organize conventions, seminars, debates;
- the edition of publications on the problems of minors in difficulties.
THE COUNTRIES OF INTERVENTION
The Association has intervened and works in Latin America (Brazil, Ecuador, Peru), in East Europe (Albania, Bosnia, Bulgaria, Kosovo, Moldavia, Romania, the Ukraine), in Mediterranean Africa (Morocco, Lebanon) and in the Middle East (Iraq).
THE NUMBERS OF CHILDREN
On the level of the interventions of international solidarity Amici dei Bambini has reached important results: 50,000 children receiving distance support, over 1,000 abandoned children who have found an Italian family and 70,000 supporters in Italy.
ADDRESSES AND TELEPHONE NUMBERS
Amici dei Bambini, (national headquarters) Mezzano di S.
Giuliano M.se (MI) http://www.aibi.it
Tel. 02/9882.21, Fax 02/98. 23. 26. 11 Email: aibi@aibi.it
Rome, Lungotevere dei Sangallo 1.
Tel. 06/6880.8686 Fax 06/ 6880.8608 Email: aibiroma@aibi.it
Other branches: http://www.aibi.it
9. Guidelines for journalists and television authors
The subject of international adoption is not always easy to deal with for a television author, for a journalist or for those working in communications, unless personally involved. The subject is particularly delicate because of the many private aspects that it inevitably involves: respect for the minor, the right to privacy, the emotional sphere of the child and of the adoptive parents.
Not least are to be considered the aspects of social life that an adopted child faces, from integration at school to that in society in a wider sense.
It can happen, therefore, that in these contexts the sensibility towards images, news, serials or films may be greater.
When a communications expert has to deal with the subject of adoption, it is therefore advisable for him/her to turn with confidence to the authorized bodies.
Thanks to their experience, they can advise on the best approach for dealing with the subject of adoption.
Otherwise, for the sake of news reporting or due to the involuntary superficiality, potentially dangerous situations for the already delicate balance of the child and the adoptive family could arise.
Amici dei Bambini, which all the year round organizes preparation for the aspiring adoptive couples and follows the adoption procedure of the families also successive to adoption, can assist anyone who wants to clarify doubts or study in depth aspects of adoption in their work.
10. Useful links
Commission for international adoptions
http://www.commissioneadozioni.it
Glossary for international adoptions
http://www.commissioneadozioni.it/site/it-IT/Glossario/
European coordination of associations for international
adoption
http://www.euradopt.org
National centre of documentation and analyses for children
and adolescence
http://www.minori.it
National association of adoptive and fostering families
http://www.anfaa.it
Ministry of Justice
http://www.giustizia.it/minori/indice.htm
Ministry for Foreign Affairs
http://www.esteri.it