Two recent articles describe the current status of Intercountry Adoptions:
In British Columbia, it is now possible to submit adoption applications to two countries at the same time. Adoption programs everywhere in the world have become hard to predict. In most countries, prospective adoptive parents must wait 2-3 years, and sometimes longer, before receiving a proposal. If adoption from one country becomes impossible, parents must begin the entire process again with a different country.
At the request of the British Columbia Adoption Agencies, the provincial government has agreed to permit parents to file two international adoption applications at the same time. While there is always the possibility that international adoption programs from both countries will close, we hope that BC's initiative will increase the chance that at least one application will result in an adoption.
The government has established strict rules for this process:
1. Both jurisdictions must be advised that the applicants have applied to another country;
2. Adopting parents must participate in trans-racial parenting education;
3. Once a proposal is received from one country, the adopting parents may not receive a proposal for a second child until:
(a) 12 months after the first placement; and
(b) a subsequent homestudy has been completed and submitted to the second country; and
(c) the second country has agreed with the change in circumstances and accepted the second application.
Allowing adopting parents to apply to two countries at the same time is a significant departure from previous practice in Canada. BC's new rules respond to the drastically changing landscape of international adoption.
Please note that we are not aware of any province, other than British Columbia, that permits this practice. As a result, this option is only available to our clients who are residents of British Columbia.
The government has implemented a new process for obtaining citizenship for adopted children. (December 23, 2007)
Canada's new law to provide citizenship for children adopted abroad (Bill C-14) is widely believed to permit automatic Canadian citizenship for these children.
We have written an analysis of this new citizenship law: Citizenship for Adopted Children. The purpose is to raise awareness among adoptive parents and adoption agencies across Canada about what the new law does and doesn't permit.
We would like to hear your experience under the new system. Please contact us.
Frequently Asked QuestionsHere are some links to great articles from Adoptive Families Magazine:
A Memo to My Fellow Teachers
When it comes to adoption, teachers need to check their curriculum and their stereotypes.
How to Lobby Your Employer for Adoption Benefits
Here's a road map and a sample letter to help you persuade your employer to offer adoption benefits.
Secret Thoughts of an Adoptive Mother
A fiercely honest look at the emotional complexities of adoption from an adoptive Mother's point of view.
Do I love Him Yet?
Award-winning author Melissa Faye Greene describes post-adoption depression and readers share impressions of those first days home.
Is That Your Real Sister?
Creating a Blended family generates a special kind of joy.
The Final Step to Family
Standing in a courtroom at our daughter's finalization hearing brought us relief - and at last, a sense of parenthood.Â
Our Story: Open Adoption Converts
The author was initially leery of birthmother contact until she learned more about openness.
Evaluating a Difficult Referral
This was no longer a theoretical child - here was a name, a face, a person.
Is Your Child Ready for School?
How should your child answer those inevitable adoption questions?
Raising Sound Sleepers
Whatever the age of your new child, keep your expectations realistic.
Barb and Maxine work for a large corporation whose profit for the last quarter was $400 million. Both women are new moms, currently at home caring for their children. Barb will be at home for 52 weeks and will receive 85% of her regular salary. Maxine, on the other hand, is able to stay home for only 35 weeks during which she receives 55% of her usual salary. What's the difference? Barb is a biological mother; Maxine is an adoptive mother.
Both the Federal Government and the employer are treating these women differently, based on the way they have chosen to build their families. Their employer, like many organizations, "tops up" the payments received from Employment Insurance so that employees receive full (or near full) salaries while they are off work. In Maxine's case, however, their employer does not extend the benefit to adoptive parents.
The Federal Government pays Employment Insurance (EI) benefits to provide financial assistance to new parents (currently 55% of average insurable earnings to a maximum of $413 / week). Maternity benefits are payable to biological mothers for a maximum of 15 weeks. Parental benefits are payable to parents (biological or adoptive) for a maximum of 35 weeks. Thus biological parents are eligible for 50 weeks of employment insurance while adoptive parents hit the maximum at only 35 weeks. One adoptive parent is mounting a Charter of Rights challenge on this very issue in the E.I. Legislation.
Biological parents are provided with EI benefits over a one- year period comprised of:
a) 2 week disqualification period (i.e. no EI payments) and
b) 15 weeks of maternity benefits; and
c) 35 weeks of parental benefits
Total: 52 weeks
Many employers also pay top-up wage compensation to their employees for the two-week E.I. disqualification period by topping up their wage to between 85% and 100% of their normal salary (i.e. the employer pays all of this benefit during the first two weeks). For the next 15 weeks, the top-up reduces by the amount of the E.I. maternity benefits (described above). Some employers also top-up the employees' salary for the full 35 weeks of parental benefits as well.
As a result of complaints we received about how adopting parents were treated in the workplace, Sunrise conducted a limited and informal poll of its clients to see how widespread the differential treatment of adoptive and biological parents by employers is, and we were stunned by the responses. Many of our clients reported situations in which a biological parent receives top up payments, while an adoptive parent is refused. Here are some examples of what we heard:
Government of British Columbia: The B.C. Provincial Government is one of least discriminatory employers we heard about. It offers a top-up to both biological and adoptive parents (to its unionized and non-unionized employees.) It also offers adoptive parents a " Pre-Placement Adoptive Leave." This leave allows adoptive parents to attend pre-placement visits for their homestudy or to complete legal requirements for the adoption while collecting 85% of their regular salary.
Government of Canada: A federal civil servant, who is an adoptive parent, received 93% of her wage by top-up for 37 weeks. The real irony is that the Federal Government treats its adoptive parent employees better than most employers do, but discriminates against all adoptive parents with its EI policy!
Police: The RCMP (a federal government employer) offers both adopting and biological parents the top-up for 37 weeks. Other police forces in British Columbia (Municipal forces) generally do not pay the top-up to adoptive parents. (The municipal public force in Saanich, B.C., however, does pay the top-up for 37 weeks).
Municipalities: One adopting parent reported that the Municipality she worked for finally gave her the top-up right after she filed a complaint with the Human Rights Commission.
Hospitals: Regional Health Districts are the employer for nurses in British Columbia. One adoptive parent reported that in his hospital, biological parents receive a top-up on the EI Maternity Benefit only. No one receives a top-up on the Parental Benefit. Since adoptive parents don't qualify for maternity benefits, they don't receive any top-up at all.
Universities: Universities do not seem to take a consistent approach in how they treat their employee parents. Adopting parents employed by universities told us about a wide variety of benefits payable to adopting parents. Often these were inconsistent, unusual, and at times discriminatory.
At the University of British Columbia, adopting parents get topped-up for 12 weeks, while biological mothers receive 20 weeks. At the University of Toronto, adopting parents receive 27 weeks of top-up, and biological mothers receive 3 weeks more. At Capilano College, parents on parental leave are topped-up to 80% of salary, and for parents on maternity leave to 90% of salary.
Professors at Simon Fraser University are the only employees we found who were treated absolutely identically whether they were biological or adoptive parents. To do this, the maternity benefits not paid to adoptive parents by EI are covered by the university. Kudos to SFU!
Schools: We heard from many teachers across the province. School Districts in British Columbia bargain separately with the teachers' union (BCTF). As a result, adopting parents (who are also teachers) receive different benefits depending on where they work. For example, Surrey Teachers do receive the top-up of 95% of salary for the first 2 weeks, 70% for next 15 weeks and zero for the balance of parental leave. North Vancouver District teachers receive 95% for the first 2 weeks, but then 70% for only the next 10 weeks (while biological mothers receive it for the next 15 weeks). Most other school districts do not pay top-ups at all to teachers. There is no rational basis for treating teachers, who choose to create their families by adoption, differently. One parent was told that top-ups are not paid to adopting parents because the school district follows "Government of Canada rulings". This doesn't accord with our findings; all federal government departments that we heard from do top up adopting parents.
One adopting parent employed by the Coquitlam School Board was recently refused the top-up. When she told her employer that she was filing a complaint with the Human Rights Commission, she immediately received a top-up.
Some adopting parents are in a catch-22 situation and the problem may not be resolved until a parent takes action. We heard from several British Columbia parents who reported that employers dodge responsibility by saying it is up to the union to ask for benefits through the collective bargaining process.
One city police department we heard from only offers the top-up to biological parents. A Port Moody police officer said, "I am a union member and was entitled to nothing under the collective agreement. However, we were in the middle of negotiating a new one, and I asked for a provision to be added. I was unsuccessful".
Pursuant to Labour Relations legislation, unions are required to represent minority interests (like those of adopting parents). Failure to do so can lead to a complaint with the Labour Relations Board. Exercising that legal right against your Union, however, can be a scary prospect.
Another adoptive parent reported:
"I wasn't sure if there are many others in the same boat as myself, and considering the extremely daunting task of applying for change in our organization (my employer is Vancouver Coastal Health), I have not bothered to try. I would have to put forth a motion to the union (membership = 40,000) and the union would then vote on whether or not to pursue this issue with the Health Authority and ultimately the Government. Another union colleague who adopted several years ago felt the same as I do now."
Many adopting parents had similar experiences when they approached their union. They were told that nothing could be done. Studies in the USA show that less than 1% of eligible employees receive adoption employment benefits. No wonder adoptive parents can feel lost in big unions!
In a landmark 2002 study, 94% of respondents stated that adopting parents should receive the same benefits in the workplace as biological parents4. It is clear our society feels overwhelmingly that adopting and biological parents should be treated equally.
This doesn't seem right. Large government employers (such as hospitals, health districts, municipalities and school boards) should not justify continuing to discriminate by claiming that the unions need to ask for it. They should take responsibility and end the discriminatory treatment.
Employers should treat parents equally, whether they give birth or adopt. If an employer pays an E.I. top-up to a biological parent, then the same compensation should be paid to an adopting parent. To not do so is discrimination.
The need for change is apparent and many parents expressed an interest in making that change happen. Unless adopting parents object, this discrimination will not end. One possibility is to file a complaint with the BC Human Rights Tribunal. The most effective solution may be for adoptive parents to lobby their MLAs and MPs for legislative change. How about a law that simply says adopting parents and biological parents must be treated the same in any workplace. (After all 94% of society already thinks this is what should happen)
Talk to your employer and/or your union officials. If your organization tops up biological parents, insist that they treat adoptive parents equally.
Related Links:
http://www.bcadoption.com
www.hrsdc.gc.ca
www.adoptionfriendlyworkplace.org
www.bcparent.ca/articles/adoption/overcoming_discrimination.html
In British Columbia, the number of newborn babies available for local adoption has decreased dramatically, falling to five percent of the former totals over the past thirty years. The reasons for this include increased financial support for young mothers, greater acceptability of single parenthood, and peer pressure on teenage moms to keep their babies. Many other countries are experiencing similar changes in social programs and societal norms. As a result, fewer babies are available for adoption in other countries.
Increasingly parents throughout the world are considering adoption. This increased demand is causing some countries to close their doors to international adoption. Some adoption programs are small and successful. These programs have longer and longer waiting lists. While the adoption doors may remain open, it will only be for a few because of the small number of children available.
The UN Convention on the Rights of the Child and the Hague Convention on International Adoption are changing the landscape of intercountry adoptions. The complex procedures of these international agreements are intended to provide protection for the child, birth parents and adopting parents from corrupt practices. The combined result of these international treaties is that the placing country must first try to find a home for the child in their own country. The first option for the child is to be re-integrated with family, or placed with extended family. Local adoption is the next option. Out-of-country adoption is to be considered a last resort. In almost every country that has implemented the Hague Convention, the result has been a reduction or elimination of intercountry adoption.
The Office of the Director of Adoption for the British Columbia government is in frequent communications with counterparts in other provinces and with the federal authorities. As a result of these discussions, the British Columbia government has closed adoptions from countries where ethical problems have arisen in adoptions.
In order to protect adopting parents and to attempt to provide them with a safe and predictable experience, some BC agencies have closed programs from certain countries. This is a result of concerns about ethical practices in some cases, and in others it is due to worries about the health of children.
The inescapable conclusion is that if parents want to adopt, their horizons may have to broaden. Waiting periods will lengthen, the children adopted will be older, and the children may have special needs and challenges. As a result, some prospective adopting parents will look into adoption, see the options and decide not to pursue it (as sometimes happens already). Others will adopt locally, or from small, but overwhelmed programs. Many parents, however, may have to go through doors that haven't been frequently used up to now.
Adoption is already a hard road for many people, and it takes courage to be an adopting parent. There will be a greater need for both pre-adoption and post-adoption support for Canadian adopting parents. The government of British Columbia has made it clear that it will only provide that support for parents adopting BC's waiting children in foster care. The licensed adoption agencies, the Adoptive Families Association and the Society of Special Needs Adoptive Parents will need to do more work in the next decade to provide this support.
Every day 35,000 children under the age of five die of health-related reasons. In the face of this awful statistic, why is the world increasingly shutting down adoption? (See What About the World's Orphans? .)
Over the past 10 years, Sunrise has visited orphanages throughout the world. The children we meet in the orphanages are desperate to have a family of their own. We are looking for parents to adopt these children. While opportunities for children of many countries to find families are currently decreasing, they are not completely gone. There are two rays of hope left. Firstly, we can try to help countries support their children to be adopted in their own country, or even stay in their original families. When that is not possible, we can help to provide a loving and safe home for one of the world's homeless children.
This is the future of adoption. We need families who want to step up to the plate and help us to accomplish both of these goals. It is a huge task, but together we can make a real difference in the lives of children and families. We can also create a true win/win solution. Children can have a safe and loving place to grow up in a family, and parents can experience the joy of family life by adoption.
For information on how you can help accomplish these goals, Get Involved .
At a time in Canada when things are going relatively well, the number of orphans in the world is increasing dramatically. It is easy for us to be so busy with our own lives that we fail to notice events happening around the world. At this moment there are 160 million orphans in the world and the number will grow by 5 to 10 per cent each year over the next ten years - 250 million children by 2017!
These are the vulnerable children of the world. They have been abandoned by their parents because of poverty or sickness. They are frequently abused, trafficked or just forgotten about. The main causes are poverty, war and AIDS. I recently attended a world conference on children without parental care and it was clear that intercountry adoption has become the last option that countries will turn to, if they consider it at all.
As a result, tens of millions of children will grow up without a loving family to care for them, many of them in orphanages. This is contrary to the UN Convention on the Rights of the Child, which provides that a child has the right to grow up in a family environment. More to the point, it defies common sense! There are thousands of parents in the Western World who could provide children with safe and loving homes.
Who is going to speak for these children? Until the world accomplishes its goal of having children grow up in loving families in their countries of origin, I would submit that it is in a child's best interest to grow up in a family environment wherever that is possible - be it Berlin, New York City or Vancouver.
My concern is that we are throwing the baby out with the bath water in a very real sense. Children are growing up in orphanages without parental care, while parents in the western world are increasingly searching for ways to create a family. This is counter-intuitive: more orphans in the world and more infertile couples desperately hoping for a family, and yet fewer international adoptions.
What can I do?
1. Provide support to programs that provide an integrated approach to keeping families together in developing countries.
2. Encourage the Government of Canada to live up to its commitment of providing international aid to the level of 0.7% of our GNP to provide relief of poverty (which they have not yet done).
3. Send support to help a child to become educated and obtain skills to earn a living.
4. Think about adopting a child internationally.
One person cannot change the world. One person can change the life of a child.