It is my opinion that because of the resolve of many former AIP clients, and other victims of unscrupulous adoption agencies, the Embassy has embraced the need for change. In an effort to make the international adoption process from Kazakhstan transparent, the Embassy has briefly outlined in this bulletin the steps they will be putting in place to facilitate change. Having experienced some of the painful effects of an unscrupulous agency, I wanted to applaud and support the Embassy's efforts at adoption reform. Steps defined in this bulletin when implemented, will serve to promote international adoption and protect orphans and the perspective adoptive parents who open their hearts to them.
I felt it my responsibility to support these efforts and below is the email I sent the Embassy expressing that support. I have also posted the Embassy's response to my email.
If you are reading this blog and have adopted from Kazakhstan please, join me and many other adoptive parents in supporting the Embassy's efforts at adoption reform. Contact email addresses and phone numbers can be found in the bulletin. Take a moment and communicate your opinions and suggestions. We can all be a part of, and participate in the adoption reform solution.
----------------------------------------------------------
Kazakhstan
News Bulletin
Released by the Embassy of the Republic of Kazakhstan to the United States
of America
1401 16 Street, NW, Washington, DC 20036
Tel.: (202)232-5488 Fax: (202)232-5845
E-mail: washington@kazakhembus.com
Web-site: www.kazakhembus.com
Special Issue No 7, June 20, 2008
Information Note
on international adoption from Kazakhstan
The Government of Kazakhstan is committed to monitoring the process of
international adoption in Kazakhstan as well as keeping a close eye on the
living conditions of adopted Kazakh children abroad. Kazakhstan considers
adoption to be one of the best forms of tutelage for children who for any
reason lack parental care, although the priority is given to biological
parents or, in their absence, to child's relatives. If a child cannot be
adopted by its relatives, adoption by Kazakhstan citizens is the next
preferred option. And if that is also not possible, only then can a Kazakh
child be adopted by foreign families.
As the economic well-being in Kazakhstan continues to grow, the number of
domestic adoptions in the country is increasing, whereas the number of
international adoptions is falling correspondingly.
Since the Marriage and Family Code was enacted in 1999, 30,184 children
have been adopted in Kazakhstan; of that number 23,012 children have been
adopted by Kazakhstan citizens, 6,791 by foreign citizens and 281 by
relatives from abroad.
The United States is by far the most popular destination for adopted
children from Kazakhstan (in 2000-2007 American families adopted more than
5,000 Kazakh kids, with highest number of US adoptions in 2004). In 2007
Embassy of Kazakhstan to the US registered 515 American families intending
to adopt Kazakh children.
The Consular Section of the Embassy of Kazakhstan closely monitors the
international adoption in Kazakhstan by US citizens as well as the living
conditions of Kazakh kids.
The step-by-step process of international adoption in Kazakhstan is
briefly as follows:
Future parents wishing to adopt a Kazakh child contract with a duly
licensed agency to collect all the required documents and prepare a
dossier which should be submitted to the Consular Section of the Embassy
of Kazakhstan. Having checked and verified all the documents (which takes
up to one month) the Embassy sends the dossier to the Foreign Ministry
where the processing procedures also last for about a month. Afterwards,
the dossier goes to the Education Ministry which, after another month-long
procedure, passes it to proper regional agencies (Education Departments
and orphanages) and their review of the dossier takes up to one month.
Having received a positive feedback from the regional agencies the Embassy
issues a special visa for parents-to-be (visa category - private, purpose
of travel - adoption). Such a visa can be issued only by invitation of
Kazakhstan's Education Ministry or a regional Education Department.
Traveling to Kazakhstan for adoption purposes with any other kind of visa
(e.g. tourist, business) is strictly prohibited.
All in all, processing of a dossier in proper Kazakh agencies can take up
to 5 months. In Kazakhstan, prospective adoptive parents must personally
choose their future child and spend at least two weeks with him/her to get
to know each other closer and learn the child's personality and habits.
The final decision on adoption of a child is then taken by a Kazakh court
based on the application submitted by the prospective parents. Adoption
cases are considered by courts on an ad hoc basis in accordance with
Kazakhstan's civil procedural law.
After a proper court order is issued, a registrar's office and migration
police issue the adoption and birth certificates and a Kazakh passport for
the adopted child.
Fees payable to Kazakh agencies in the course of the adoption process are
as follows:
The Consular Section of the Embassy charges up to $180 per dossier for
consular registration (issuing a certificate to confirm registration,
attesting translation and documents in the dossier). State agencies in
Kazakhstan charge no fee for dossier processing. There could be some
expenses for issuing the power of attorney for the parents' representative
in Kazakhstan; consular fee for a new passport for the adopted child as
well as the registration fee at the Consular Department of the Foreign
Ministry (all in all, about 12,000 tenges or $100). Besides, there are
also some legal expenses related to court proceedings, which are quite
reasonable. Parents may make a voluntary financial donation to the
orphanage if they choose to do so.
One of the main principles of adoption in Kazakhstan is the protection of
the rights and interests of both adopted children and adopting parents.
Kazakhstan recognizes the important role played in the adoption process by
such facilitators as duly licensed adoption agencies, but firmly believes
that these agencies have no right to make commercial profit through the
genuinely noble and humane process of adoption.
According to Kazakh legislation, to adopt a child, foreign citizens are
allowed to work with a representative (coordinator) in Kazakhstan, whose
rights and obligations are defined by Kazakh laws.
Our review of the current system of adoption of Kazakh children by
American citizens has revealed a number of problems which may lead to
violation of the humane principles of adoption. One of the main reasons
for such a situation is that, unlike in other countries, in the United
States there is no single authorized government agency which would oversee
the entire process of adoption, including the control over annual reports
on the living conditions of adopted children. The main players on this
field are numerous duly licensed private (not-for-profit) US adoption
agencies.
Usually, American citizens wishing to adopt Kazakh children refer to such
adoption agencies for assistance and sign contracts with them. The Embassy
has found out that in many cases parents pay upfront 50 percent of the
overall agency fee only for preliminary consultations on a Kazakh adoption
(in average, overall fees could be more than $25,000) and the most part of
the sum is non-refundable.
We have learned about some cases of unscrupulous behavior by some agencies.
For example, there have been situations where parents had to collect and
prepare all the necessary documents themselves and the agencies simply
provided them with the list of documents for a dossier which is posted and
easily accessible on the website of the Embassy of Kazakhstan.
It seems also that some adoption agencies are trying to make undue
commercial profits by dealing with such routine matters as consular
registration, documents translation and processing, and sometimes agencies
even try to gain benefits from changing the region in Kazakhstan where a
child is going to be adopted from. For instance, one agency put in its
contract a $840 charge for consular registration with the Embassy of
Kazakhstan, whereas the Consular Section of the Embassy charges no more
than $180 for the registration (the Embassy does not charge American
Parents any other fees). Besides, the contract says that the "family
understands that fees related to the adoption process abroad might be
changed and are out of Agency's control. Therefore, the Agency does not
take responsibility for such changes and is not liable for additional
expenses." Such a provision makes it possible for the agency to charge
extra fees for alleged
"fast-tracking" of adoption process in Kazakhstan.
Analysis of documents submitted by various agencies showed that some of
them deliberately concealed invalid data and ill-validated documents in
dossiers to speed up registration with the Consular Section of the
Embassy. For instance, one dossier contained a forged copy of doctor's
license; there were other forged documents. Some agencies even tried to
use unethical methods to "fast-track" registration with the Consular
Section.
We also have learned that some agencies made attempts to "monopolize" the
international adoption for US citizens in Kazakhstan and even threatened
other agencies that if they did not start working under their aegis, these
agencies' activity in Kazakhstan would be blocked through their
coordinators on the ground.
We believe that the reason for all the above shortcomings and violations
is the lack of transparency in the activity of a number of US adoption
agencies as well as in the lack of knowledge by American parents about the
adoption procedures in Kazakhstan, related fees and other expenses.
Therefore, it seems that adoption of Kazakh kids by American parents may
have become a source of undue commercial profits for some unscrupulous
agents, who abuse the humane principles of adoption enshrined in The Hague
Convention and Kazakh legislation.
Yet another negative aspect of the issue is that it mars Kazakhstan's
image as some agencies use the parents' lack of knowledge to present
adoption in Kazakhstan as a protracted and inefficient process full of
red-tape and corruption; and request additional expenses on behalf of
parents to "overcome" these obstacles. In other words, some agencies and
their coordinators in Kazakhstan abuse parents' willingness to pay "any
price" to adopt a child as soon as possible, and make undue profits. It is
worth repeating here once again that there are no major fees to be paid to
Kazakh government ministries or agencies in the process of adoption
(except for the above consular and registration fees at the Embassy and
the Foreign Ministry as well as minimal legal expenses).
Therefore, the Embassy has begun considering certain measures to optimize
and refine its work with US adoption agencies.
These measures are aimed at protecting the rights and interests of Kazakh
children and their adopting parents in the US as well as at maximizing the
transparency of the adoption process and eliminating loopholes for making
undue profits through the noble process of adoption.
In particular, we believe that these measures will help to optimize the
number of US adoption agencies willing and able to work efficiently on
behalf of American parents to adopt Kazakh kids. The main criteria for us
to evaluate the agencies will be their ability to supply the Embassy with
transparent information on the rules and procedures of their work with
adopting parents, fees and tariffs involved, as well as their commitment
to send to the Embassy regular post-adoption reports on adopted children
until they reach the age of 18 as required by Kazakh law.
We would like to emphasize that until the above complex work is completed
the Embassy will continue as normal receiving and processing adoption
documents from all agencies except for those that have seriously violated
ethical norms.
Authorities in Kazakhstan are also taking relevant steps to ensure
transparency in the work of coordinators on the ground who represent the
interests of American parents in the country and serve as their liaison
with Kazakh government agencies involved in the adoption process. Efforts
are being taken to create a databank of such coordinators.
We would also like to announce that the Parliament of Kazakhstan is
currently considering joining and ratifying the Hague Convention on
Protection of Children and Cooperation in Respect of Intercountry
Adoption. Kazakhstan is also drafting a new Family and Marriage Code which
will also cover the issue of proper accreditation of foreign adoption
agencies' branches in Kazakhstan.
All these efforts will contribute to providing greater transparency,
fairness and order in Kazakhstan's cooperation with foreign partners
(including the US) on international adoption.
Our efforts are also aimed at eliminating the unacceptable and often
unscrupulous practice of "fast-tracking" documents in various Kazakh
agencies. We recognize that the adoption process is not swift but this is
justified by the high responsibility of adoption decisions. We hope for
understanding on behalf of parents and adoption agencies.
As a matter of principle, the Embassy has briefed the US State Department,
through Deputy Assistant Secretary for Overseas Citizens Service Ms.
Michele Bond and Consular Affairs Bureau representative Mr. Gerry Fuller,
as well as the Joint Council on International Children's Services on the
situation around the adoption of Kazakh kids by American families.
We are glad that a friendly dialogue and mutual understanding have been
established with our American counterparts over this complicated issue.
Interestingly, a number of agencies reacted to our efforts in a
peculiar way.
The Embassy has a copy of an email message that has been circulated by an
agency to other agencies and parents stating that the Embassy is
groundlessly stonewalling the process of adoption. The message was written
in the form of an unambiguous instruction calling for maximum pressure on
the Embassy through a wave of complaints to various US institutions,
including US Embassy in Kazakhstan, Senators and Congressmen representing
the districts where parents and their agents reside.
The Embassy would like to point out that it won't yield to any kind of
pressure and firmly intends to implement its plans on streamlining and
improving the process of adoption in Kazakhstan by American parents. The
Embassy is fully open, however, to holding a face-to-face meeting with
adopting parents and adoption agencies to jointly look for ways of
providing maximum convenience for parents and full transparency of the
adoption process.
The Embassy would also welcome the creation of an association of American
parents who have adopted kids from Kazakhstan. Such an association could
be instrumental in assisting American parents to find better ways of
building relations with their Kazakh kids during the post-adoption period
and in many other ways.
In its next Information Note on international adoption the Embassy will
provide more information on adoption procedures as well as offer some
practical advice on cooperation with US adoption agencies working in
Kazakhstan and with their coordinators on the ground.
We will also offer a set of transparent criteria for adoption agencies
which will lay the basis for optimizing the list of most preferred
agencies that could be recommended to all American parents intending to
adopt children from Kazakhstan.
Embassy of Kazakhstan to the United States
1401 16th Street NW, Washington DC, 20036
Tel: 202-232-5488
Fax: 202-232-5845
E-mail: washington@kazakhembus.com
Consulate of Kazakhstan in New York
305 East 47 street, 3rd floor,
New-York, NY 10017
Tel: 212-230-1900
email: kzconsulny@un.int
News Bulletin of the Embassy of the Republic of Kazakhstan
Contact person: Zhanbolat Ussenov
Tel.: 202-232-5488 ext 104; Fax: 202-232-5845
E-mail:zhan@kazakhembus.com
Web-site: www.kazakhembus.com
Zhanbolat Ussenov
Assistant to the Ambassador and Third Secretary for Press
Embassy of Kazakhstan to the United States of America
1401 16th Street NW, Washington DC, 20036
Office: 202-232-5488 (ext 104)
E-mail:
Dear Sir,
After reading Special Issue No 7, June 20, 2008
Information Note on international adoption from Kazakhstan
I wanted to express my gratitude for your efforts of adoption reform here on the USA side of International Adoption from Kazakhstan. As we were victims of Orson Mozes/AIP and his illegal, immoral and unethical adoption practices, by the grace of God and the government of the country of Kazakhstan we were able to successfully adopt a wonderful daughter from Ust Kamenogorsk. We will forever remain thankful that the government of Kazakhstan granted us the privilege to adopt one of their children. In return we will teach our child all we can about her homeland. Already at the age of 3 when asked where she was born she proudly answers KAZAKHSTAN. Words cannot express how thankful we are for the miracle and subsequent joy we experienced in country, and will continue to experience raising our daughter.
Our stay in Kazakhstan without a doubt enriched our lives. Our coordinator Almagul, driver Bulat, translator Sveta and Ministry of Education representative Oksana were always professional and informative. The care our daughter received from the head doctor (Natalya) and all who cared for and loved her for the first 15 months of her life is still evident today, as she is healthy, intelligent, loving, and a well adjusted 3 year old who obviously is very special. Her smile lights up a room and she touches the heart of everyone she meets.
We gained a healthy respect for the Kazakhstan adoption process and the laws that govern said process. Kazakhstan adoption laws are clear, concise and do protect the interests of the child, the biological parents/family and the perspective adoptive parents, and rightfully in that order.
Orson Mozes did not educate us as to the adoption process/laws as it applies in Kazakhstan. When we called AIP because of a photo he listed on the Internet of a 7 month old baby girl available for adoption, Orson claimed he could "hold" this child for us if we paid his agency fee immediately. When we asked about the adoption process and the laws governing this process Orson claimed he had been doing International Adoptions for 15 years and this is how it is done. The only requirements he educated us on, were the collection of documents for the dossier and the mandatory 15 day wait after the judge grants the adoption. He told us this was the period we had to wait, and it was in place in case "we" changed our minds about the adoption. He was never truthful about the exact law of Kazakhstan. Laws we learned about only after Orson had collected his fee, and we discovered the child he claimed he would "hold for us" was adopted by another AIP client. In retrospect the laws of Kazakhstan are deserving of respect from all perspective adoptive parents and should have been respected and followed by Orson Mozes and incorporated into AIP's contract.
While we were given fraudulent information and claims from Orson Mozes/AIP during our adoption process, we in no way hold the government of Kazakhstan responsible for his actions and his victimization of us. Kazakhstan adoption law and the court that supervise and apply this law deserve the respect of US citizens who travel there with the hope to locate and adopt a child.
Your efforts to educate US citizens regarding laws governing adoption in Kazakhstan, will most definitely provide transparency to the process and should be applauded. Successful efforts to weed out unscrupulous USA adoption agencies and the developing a data base of "coordinators on the ground in Kazakhstan" will facilitate even greater transparency. These efforts combined, will serve to protect Kazakhstan orphans and American perspective adoptive parents who have the desire to adopt them.
We are committed to your efforts. Please feel free to contact us if you desire any assistance from us for your efforts at adoption reform.
Respectfully,
Ann and Chris Young
Many thanks for your kind words. Will pass your message on to Ambassador and Consul. All the best to you and your daughter.
Sincerely,
Zhanbolat
Zhanbolat Ussenov
Assistant to the Ambassador and Third Secretary for Press
Embassy of Kazakhstan to the United States of America
1401 16th Street NW, Washington DC, 20036
Office: 202-232-5488 (ext 104)
E-mail: zhan@kazakhembus.com
