Opinion 
My position on inter country adoptions

Baroness Emma Nicholson

http://www.vivid.ro/index.php/issue/78/page/Opinion

Successive Romanian governments have made it clear
that Inter-Country Adoptions (ICA) are no longer
permitted. The decision to ban ICA came about because
the market in children – following the 1997
legislation on adoption – led to rampant corruption.
This corruption severely impacted on child healthcare
and development in Romania. The ban was also connected
to the fact that Romania has fundamentally reformed
its child welfare system and is now in a position to
provide family-based care for children who can not,
for whatever reason, be brought up by their own
family. Romania is also in a position to share its
experience of child welfare reform with those
countries which have not yet started that long and
difficult road.

Despite the ban, which has been held up firmly by
Prime Minister Tariceanu as well as the Justice
Minister, Monica Macovei and President Basescu,
continual pressure is being exerted on the Romanian
government from a number of sources – the US Congress
in particular and organisations of adoptive parents,
behind whom the adoption agencies are hiding. The
pro-ICA lobby is well financed, cleverly organised and
manages to remain invisible as their spokespersons are
not paid PR people but passionate would-be parents,
whose adoption files have been put on hold. For anyone
studying PR or communications at university, the
workings of the ICA lobby would make a fascinating
subject.

Why is the ICA lobby so desperate to repeal Romania’s
child rights legislation and re-introduce
international adoptions? I have two answers. The
obvious response is that there are many American
families, and adoption agencies, who are well
connected with their Congressmen, with the State
Department and with the White House, and they have
managed to make this an issue in bilateral relations
between the US and Romania. This is not an unusual
turn of events in US politics, in which lobbyists are
increasingly able to influence policy.

A more interesting answer is that the ICA lobby is
afraid what Romania has done with their ban on
adoptions; they are setting a bad example. Not only
has the ICA trade been stopped from Romania but the
country has managed to reform its child welfare
system, get most of the children out of institutions
back to their families, or placed with foster families
– and prevent infants from entering institutions in
the first place. This is not following the pro-ICA
script, which is that Romania, and all other “source”
countries, are in chaos and are unable to take care of
their own children. According to the ICA propaganda
machine the only solution for children in difficulty
in these countries is that they be adopted by families
in the US and other Western countries. What the ICA
lobby is particularly afraid of is that other “source”
countries, particularly Russia, Moldova and Ukraine,
will follow Romania’s example, reform their child
welfare systems, find local solutions for their
children in difficulty and stop international
adoptions. This would be bad for business.

Personally, I would like to move on from the ICA
issue. I consider this particular battle to have been
fought and won – certainly as regards Romania, where
the abuses were at their worst – and Romania has
proven its determination to stand firm in the face of
intense pressure to repeal its child rights
legislation and reintroduce ICA. There are so many
other issues to deal with; so many other problems that
need addressing both in Romania and elsewhere. I am
also deeply concerned about the plight of the Marsh
Arabs in Iraq and Iran, the victims of the earthquake
in Pakistan (see page 11 – ed.), the long suffering
people in Afghanistan, not to mention the
Palestinians. As Vice Chairman of the European
Parliament’s Foreign Affairs Committee, scores of
other issues come across my desk.

However, the ICA lobby will not let me move on. They
continue to vilify me as the bete noir who is running
a personal campaign to ban all adoptions and they come
up with the most fantastic claims about my influence
that it would be amusing were these issues not so
serious. I am portrayed as some sort of viceroy of
Romania whose powers over the government (as well as
the European institutions) exceeds those of any
elected official in existence. Quite how a former
Rapporteur of the European Parliament controls the
government of Romania is a mystery to me, and to
anyone rational who knows about the real situation.
Yet these claims are directed at badly informed
parents in the West who are in no position to find out
for themselves what the actual situation is. 

It is a well known fact that a successful political
lobby campaign must have a bete noir, a hate figure,
as this is the best way of unifying your supporters
behind a simple message, or rallying support and
concentrating fire on one target individual. The fact
that Romania’s adoption ban (implemented by the former
Romanian government and sustained by the present one)
was based on an independent sociological study carried
out by the respected IMAS agency, and that numerous
studies about the negative effect of ICA (including
one by USAID in 2001) are ignored. The ICA lobby
simply connects individual families who have been
unable to adopt with gullible journalists, and a
sensational story soon emerges about one family’s
struggle with the Romanian bureaucracy and the
“English Baroness” – and in tabloid terms it all makes
for good copy.

What is also ignored is that the European Commission
criticised Romania’s adoption legislation and
requested it be brought in line with the UN Convention
on Children’s rights and practices in the EU Member
States – where intercountry adoptions are the extreme
exception. An independent panel of EU member state
experts on family law was appointed by the European
Commission to assist Romania’s legislation. This
independent panel’s findings were fully in line with
the opinions I have always expressed. But of course it
is easier to criticise a Member of the European
Parliament, an English Baroness, than a group of EU
experts (including judges).

To be fair, the international and Romanian media have
been quite objective about the ICA issue since the
introduction of child rights legislation in 2004
(legislation which upheld the moratorium on
international adoptions that was imposed in 2001).
Positive articles about Romania’s progress in
reforming its child welfare system have been seen in
the New York Times, the Washington Post, the Guardian,
the Sunday Times and the leading Dutch newspaper NRC
Handelsblad. International news agencies such as AP
and AFP have also reported objectively on this issue
and have succeeded in getting the word out that the
ICA issue has been resolved in Romania. The Romanian
media have also shown remarkable objectivity in
covering this issue and resisting the temptations of
peddling the messages of the pro-ICA lobby.

Most of the communications that goes on regarding the
ICA lobby takes place on various Internet forums – a
public space with no editorial control and often
without the basic journalistic practice of looking at
both sides of a story. There are also some obscure and
local publications which have taken up the ICA banner
and continue to promote its agenda. There is an
interesting example of one of these publications in
Romania – Bucharest Daily News. 

Eager to find a niche in Romania’s dynamic media
market, Bucharest Daily News (an English language
newspaper) decided to publish a large article in
February which presented the pro-ICA point of view in
some detail. The pro-ICA lobby, who monitor the
Romanian media on a daily basis, were quick to hijack
this newspapers agenda and feed them with enough
material to keep the story alive. The interesting
thing is that I am really not sure that the Bucharest
Daily News is aware that they are being used by the
lobby.

I saw an email dated 4th February 2006 from one of the
most active lobbyists in Europe, Vali Nas, who writes
continually for the pro-ICA Internet forums. His
advice to this particular ICA forum was as follows: “I
would suggest that each of you consider the
possibility of sending the ‘Bucharest Daily News’ a
message in which you could: 1) express your thanks for
such a well balanced series of articles on the
delicate issue of inter country adoptions and, 2)
detail your own ‘pipeline case’ (if you are a waiting
family) or share your own happy adoption story ….”

In this way, those parents who had been unable to
adopt from Romania were mobilised and Bucharest Daily
News were inundated with “spontaneous” emails from
concerned parents who were both praising the article
and stating their case. This was unprecedented for the
paper and another double page spread of pro-ICA
“readers letters” was presented.

Subsequently, the Daily News was “spontaneously”
contacted by a couple of Members of the European
Parliament who are vehemently pro-ICA. I was then
contacted by the paper with an extraordinary list of
questions including the following: “several members of
the European Parliament contacted our newsroom in
order to underline the fact that your
anti-international adoption outlook is not shared by
all the MEPs.” I was staggered by this question as
surely no journalist believes that a motion can pass
any parliament unanimously. Surely everyone knows that
such things are only possible in a dictatorship. Any
legislation or policy is subject to a debate and a
sometimes fierce difference of opinion. In the
European Parliament we have never had sustained
unanimity on any issue and I don’t suppose we ever
will.

I was then asked a series of questions about the
so-called “pipeline cases” but as this issue has been
resolved some years ago I declined to answer. What
people don’t realise is that the genuine pipeline
cases – in other words applications for adoptions that
had been made before the moratorium came into effect
in 2001 – were all resolved in favour of the foreign
adoptive parents some time ago. All remaining
applications to adopt Romanian children were submitted
after the moratorium came into effect and they were
never accepted as valid applications by any Romanian
authority. It is these invalid cases that form the
basis of the vociferous pro-ICA lobby. 

The truth is there was so much corruption and
confusion during the 11 years of international
adoption in Romania (1990 to 2001) that nobody has a
full record of the cases of abuse concerning the
estimated 30,000 children that were sent abroad.
Between 1990 and 1994 in particular, records of
foreign adoptions are very patchy. Indeed, a proper
monitoring system would never have been accepted by
the international adoption agencies, as “efficient”
ICA is carried out without a system.

I would like to conclude by inviting anyone who is
interested in making an objective assessment of this
issue to consider studying the following reports, all
of which are objective and based on hard facts and
good field research. In these reports you can see the
considered opinions of academics and professional
researchers into the international adoption situation
in Romania during the 1990s, and you will realise that
I was not the only one who was against it.

Reference documents on Inter Country Adoptions, all of
which describe the commercial nature of the
Intercountry Adoption market in Romania, during the
1990s, and all of which propose major reforms of the
child welfare system (which was subsequently carried
out):

Report on Intercountry Adoptions in Romania. By USAID
consultants Michael W. Ambrose and Anna Mary Coburn.
22nd January 2001 

The Paradox of Intercountry Adoptions: Analysing
Romania’s experience as a sending country. Jonathan
Dickens, University of East Anglia. Published by
Blackwell 2002.

Reorganisation of the System of International
Adoptions and Child Protection for Children in
Difficulty. Written by a committee of nine Romanian
and EU experts appointed by the Romanian Prime
Minister. March 2002.



Baroness Nicholson of Winterbourne is a Member of the
European Parliament for South East England and is a
member of the European Liberal Democrats. Her website
address is www.emmanicholson.org.uk She is currently
Vice President of the Committee of Foreign Affairs at
the European Parliament, as well as shadow Rapporteur
for Romania for the Alliance of Liberals and Democrats
in Europe. Prior to the last European Election,
Baroness Nicholson was the European Parliament’s
Rapporteur for Romania.



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