(Updated April 3, 2005)
H.Res. 578
Concerning the Government of Romania's Ban on Intercountry Adoptions and the
Welfare of Orphaned or Abandoned Children in Romania
Floor Situation
The House is scheduled to consider H.Res. 578,
under suspension of the rules, on Wednesday, April 5, 2006. The
resolution is debatable
for 40 minutes, may not be amended, and requires a two-thirds majority vote for
passage.
Summary
H.Res. 578 resolves that the House of Representatives supports the desire of
the Government of Romania to improve the standard of care and well-being of
children in Romania; urges the Government of Romania to complete the processing
of the intercountry adoption cases which were pending when Law 273/2004 was
enacted; urges the Government of Romania to amend its child welfare and adoption
laws to decrease barriers to adoption, both domestically and intercountry,
including by allowing intercountry adoption by persons other than biological
grandparents; urges the Secretary of State and the Administrator of the United
States Agency for International Development to work collaboratively with the
Government of Romania to achieve these ends; and lastly, requests that the
European Union and its member States not impede the Government of Romania's
efforts to place orphaned or abandoned children in permanent homes in a manner
that is consistent with Romania's obligations under the Hague Convention on
Protection of Children and Co-operation in Respect of Intercountry Adoption.
Background
Following the execution of Romanian President Nicolae Ceausescu in 1989, it was discovered that more than 100,000 underfed, neglected children throughout Romania were living in hundreds of squalid and inhumane institutions. United States citizens responded to the dire situation of these children with an outpouring of compassion and assistance to improve conditions in those institutions and to provide for the needs of abandoned children in Romania.
Between 1990 and 2004, United States citizens
adopted more than 8,200 Romanian children, with a similar response from Western
Europe. The United Nations Children's Fund (UNICEF) reported in March 2005 that
more than 9,000 children a year are abandoned in Romania's maternity wards or
pediatric hospitals and that child abandonment in Romania in `2003 and 2004 was
no different from that occurring 10, 20, or 30 years ago'. Where are
approximately 37,000 orphaned or abandoned children in Romania today living in
state institutions, an additional 49,000 living in temporary arrangements, such
as foster care, and an unknown number of children living on the streets and in
maternity and pediatric hospitals.
On December 28, 1994, Romania ratified the Hague Convention on Protection of
Children and Co-operation in Respect of Intercountry Adoption which recognizes
that `intercountry adoption may offer the advantage of a permanent family to a
child for whom a suitable family cannot be found in his or her State of origin'.
Intercountry adoption offers the hope of a permanent family for children who are
orphaned or abandoned by their biological parents. UNICEF's official position on
intercountry adoption, in pertinent part, states: `For children who cannot be
raised by their own families, an appropriate alternative family environment
should be sought in preference to institutional care, which should be used only
as a last resort and as a temporary measure. Inter-country adoption is one of a
range of care options which may be open to children, and for individual children
who cannot be placed in a permanent family setting in their countries of origin,
it may indeed be the best solution. In each case, the best interests of the
individual child must be the guiding principle in making a decision regarding
adoption.'.
Unsubstantiated allegations have been made about the fate of children adopted
from Romania and the qualifications and motives of those who adopt
internationally. In June 2001, the Romanian Adoption Committee imposed a
moratorium on intercountry adoption, but continued to accept new intercountry
adoption applications and allowed many such applications to be processed under
an exception for extraordinary circumstances. On June 21, 2004, the Parliament
of Romania enacted Law 272/2004 on `the protection and promotion of the rights
of the child,' which creates new requirements for declaring a child legally
available for adoption.
On June 21, 2004, the Parliament of Romania enacted Law 273/2004 on adoption,
which prohibits intercountry adoption except by a child's biological grandparent
or grandparents. There is no European Union law or regulation restricting
intercountry adoptions to biological grandparents or requiring that restrictive
laws be passed as a prerequisite for accession to the European Union. The number
of Romanian children adopted domestically is far less than the number abandoned
and has declined further since enactment of Law 272/2004 and 273/2004 due to
new, overly burdensome requirements for adoption.
Prior to enactment of Law 273/2004, 211 intercountry adoption cases were pending
with the Government of Romania in which children had been matched with adoptive
parents in the United States, and approximately 1,500 cases were pending in
which children had been matched with prospective parents in Western Europe.
Romanian children, and all children, deserve to be raised in permanent families.
Legislative History
H.Res. 578 was introduced by Rep. Smith (NJ) on November 18, 2005. The
resolution was reported from the International Relations Committee, by unanimous
consent, on March 15, 2006.
For additional information or questions, please contact the International Relations Committee at 5-5021.