Support for International Adoption Principles Grows at Harvard Law School

Harvard Law School’s Child Advocacy Program (CAP) and the Center for Adoption Policy win key backers for International Adoption Policy Statement
Professor Elizabeth Bartholet
June 15, 2009
Support for International Adoption principles is growing, says HLS Professor Elizabeth Bartholet, citing endorsements for Policy Statement and the recent Malawi ruling in the Madonna case.
Harvard Law School’s Child Advocacy Program (CAP) and the Center for Adoption Policy have won key endorsements promoting International Adoption to help meet the needs of homeless children worldwide.
Working with some of the nation’s leading child and human rights experts, CAP recently led a campaign to disseminate their International Adoption Policy Statement, and has now won backing from more than 130 legal scholars in the fields of human rights, child rights, civil rights, and family law, and from six children’s rights and adoption policy organizations.
CAP helped develop the Policy Statement to address the crisis in international adoption, as UNICEF and other organizations have increased the pressure to shut down adoption in favor of keeping children in their countries of origin at all costs. The Policy Statement takes the position that International Adoption should be part of a comprehensive strategy to address the needs of unparented children, and that it generally serves children’s needs far better than available in-country options like orphanages and foster care.
HLS Professor Elizabeth Bartholet ’65 said that “these endorsements demonstrate that organizations like UNICEF and Save the Children should not be seen as having a lock on the child human rights position. Many of the nation’s leading experts on child and human rights have joined in this campaign to endorse the principle that children’s most basic rights are to grow up in the true family that is often available only in International Adoption.”
Bartholet announced the Policy Statement endorsements in the same week the Supreme Court of Appeal in the Republic of Malawi released a decision granting Madonna’s application to adopt Chifundo “Mercy” James. “The Malawi court’s ruling is consistent with the core principles in our Policy Statement,” said Bartholet. “I applaud the court for making the child’s best interests primary, and approving the adoption so that Mercy can be released from the orphanage to grow up in a family.”
The Malawi court found adoption required under basic human rights principles contained in Malawi law and applicable international treaties including the Convention on the Rights of the Child. Its key conclusions were: (1) the best interests of the child must be determinative in decisions related to adoption; (2) children’s most fundamental interests lie in being raised in a true family; and (3) technical “residence” requirements for adoption must be read in light of the new international order characterized by “globalization and the global village.”
Bartholet said that the ruling in the Madonna case is consistent with other recent court rulings in South Africa and India. “It is all evidence of a growing understanding that basic human rights principles point to making use of International Adoption as a source of homes for children in need,” said Bartholet.
Elizabeth Bartholet
Morris Wasserstein Public Interest Professor of Law
Faculty Director, Child Advocacy Program


Biographical Statement
Elizabeth Bartholet is the Morris Wasserstein Public Interest Professor of Law and Faculty Director of the Child Advocacy Program (CAP) at Harvard Law School, where she teaches civil rights and family law, specializing in child welfare, adoption and reproductive technology. Before joining the Harvard Faculty, she was engaged in civil rights and public interest work, first with the NAACP Legal Defense Fund, and later as founder and director of the Legal Action Center, a non-profit organization in New York City focused on criminal justice and substance abuse issues.
Key Backers Endorse International Adoption Policy Statement - June 15, 2009
More than 130 legal scholars in the fields of human rights, child rights, civil rights, and family law, and from six children's rights and adoption policy organizations have endorsed the Int'l Adoption Policy Statement. The Malawi court's recent ruling approving Madonna's second adoption is consistent with the core principles in this Policy Statement.
Campaign to Support Child Rights and International Adoption - May 2009
Learn more about our International Adoption Campaign. If you are a faculty member, represent a law school program or a non-profit organization, you can endorse our International Adoption Policy Statement.
CAP Faculty Director's NYTimes Editorial "Celebrity Adoptions and the Real World" - May 10, 2009
In a New York Times editorial, CAP Faculty Director Elizabeth Bartholet was one of six contributors who shared their opinions on international adoption and what the standard should be for allowing international adoptions.
Research Assistant Position at CAP - Apply by April 24, 2009
Prof. Bartholet is looking for part-time help from a Research Assistant in mid-May to mid-June 2009 period in connection with article on International Adoption. Work can be done from a distance by email and telephone, since limited time needed would be consistent with another job. Send her (ebarthol@law.harvard.edu) emails indicating interest with c.v.'s by end of day Friday April 24th.
Save the Children from Save the Children - Press Release on Madonna's 2nd Adoption
CAP and associates release a statement in response to the Malawi court decision on Madonna's second adoption.
Clinical Forum - April 6, 2009
Stop by the Child Advocacy Clinic table at the Clinical Forum organized by the Office of Clinical Programs. The Forum is a great opportunity to learn about how CAP's Clinic works. 6:00-8:00 PM, Austin Hall, First Floor, Harvard Law School
Lunch Conversation on Forced Marriage - March 16, 2009
Join the Child Advocacy Program for a lunch conversation on Forced Marriage in the United Kingdom with Visiting CAP Scholar Mary Welstead. Lunch will be provided. Noon - 1:00 PM, Pound 407, Harvard Law School.
ABA Program on Public School Reform - Feb. 13, 2009
What is the Role of Lawyers and the ABA in promoting public school reform for at-risk youth? Join the ABA and others for this FREE day-long event. Hynes Convention Center, Room 309, 10:30 AM - 5:00 PM.
International Adoption Conference - March 6, 2009
Join the Center for Adoption Policy, HLS's Child Advocacy Program, and the Justice Action Center at New York Law School for "International Adoption, the United States and the Reality of the Hague System."
CAP Faculty Director Quoted in Calgary Herald Article on International Adoption - Nov. 8, 2008
CAP Faculty Director Elizabeth Bartholet responds to recent attacks on international adoption in a recent article in the Calgary Herald

Update On Adoptions~ July 3~2009

To All Adopting Families of WACSN

Everyone here on the ground at WACSN – Liberia ask that you please except our deepest apology for not reaching out to you expeditiously as we would have liked. We would like to thank each and every one of you for being patient. While it is true that it has really been a very long time since we last posted any new information on the blog, we have been trying our level headed best to honor the Court Ordered instructions that placed a news block-out on communications regarding the case since all parties including WACSN have been ordered into conference to find an amicable resolution to the matter.

During this period, we have been engaged in active and ongoing communications with the Ministry of Health and Social Welfare and the Ministry of Justice regarding the return of the children to WACSN’s care.

Things look very promising regarding the return of the children to WACSN. Please know that the presidential ban on adoption in Liberia has absolutely nothing to do with WACSN, but all to do with putting in place new adoption laws and regulations to replace our outdated ones that have not been revised to meet international standards over the past 40 years.

Liberia is very much interested in inter-country adoption, and we can assure you that every child that has been spoken for will be allowed to leave the country to be united with his/her adopting parents. The presidential ban on all adoptions in Liberia has not yet been lifted; hence, no adoption agency or individual in Liberia is allowed to process adoption here at this time. Activities of all six adoption agencies regarding the processing of adoption in Liberia remain on hold.

As a collective, adoption agencies have been holding meetings with stakeholders and meeting with Senators privately and as a group encouraging them to seriously consider passing the Children’s Act Bill or have the adoption portion of the legislation be removed from the Children’s Act Bill so that it can be debated and passed separately and independently.

On Wednesday June 24, Francis Nyepon met with an Associate Justices of the Supreme Court of Liberia concerning inter-country Adoption. The discussion centered on the law and why a reputable adoption agency (WACSN) and the MOH were at loggerhead about inter-country adoption. The Associate Justice also wanted to know from WACSN how adoption agencies in Liberia conduct adoption and by which means American parents come to adopt Liberian children. He also asked about any concerns that WACSN and other agencies had regarding adoption that should be looked into by the government and our particular disagreement with the MOH and MOJ.

Francis presented a written narrative to the Associate Justices of the Supreme Court of Liberia regarding adoption and incorporated WACSN’s position on a way forward. A report was prepared dealing with adopting parents, the perspective of adoption agencies on the Children’s Bill that is currently pending before the House of Senate, and particularly the concern of many adopting parents. We give E-mails and letters from many adopting parents to the Associate Justice. The report included aspects of WACSN current engagement and dialogue with the MOJ and MOH through a Court Ordered conference with our lawyers. To our surprise, the very next day, Francis got a call from the Associate Justice assuring us that the matter will be brought immediately and directly to the attention of the president, and that he requested a meeting with the newly appointed Minister of Justice to discuss the matter in more detail.

We will personally continue to update you in this manner on developments regarding the Court Order conference and ongoing discussion and feedback from the Associate Justice of the Supreme Court of Liberia on the matter.

Please communicate directly with Sister Pam and Francis. We ask that you please leave Maria out of all adoption matters for now so that she can continue to heal her family in love and peace after the untimely death of her husband just on May 3, 2009. We promise each of you that we will do our best to assist and answer any questions or concerns you or your family may have now and in the future.

May God’s purpose for you and each members of your family whom continue to burn in your hearts, and may you all seek diligently to fulfill it. May He bless each of you indeed, is our sincere prayer at WACSN.

In Him,

WACSN – Liberia Staff