The Russian Adoption Agreement And The Russian Adoption Ban

It appears as though Russia wants to keep the adoption agreement in place for a year. This is, undoubtedly, to allow Russia to monitor Russian children in the United States.

Even though the agreement will remain in force, it does not, in any way, reverse the ban on the adoption of Russian children by Americans that came into force on January 1, 2013.

The ban is a reaction to many things, including the Magnitsky Act, improper practices of adoption agencies and advocacy groups, and lax treatment of parents who have abused children adopted from Russia.

Organizations serving as trade associations for adoption agencies, such as FRUA and JCICS have had no success whatsoever in lifting the ban or even obtaining information about its implications.

 

EAC: A History Of Litigation Over Failure To Make Accurate Disclosures

More U.S. adoptions of Russians fail
Corruption, lack of regulations have resulted in troubled orphans

Sunday, August 13, 2000

By Cindi Lash, Post-Gazette Staff Writer

“Some parents sued, charging that agencies failed to disclose information about their children that might have affected their decision to adopt.

Among them are Michael and Susan McMullen of Franklin, Venango County, who earlier this year filed a lawsuit against European Adoption Consultants Inc. of North Royalton, Ohio, in U.S. District Court in Pittsburgh.

In their suit, the McMullens charge that EAC and its director, Margaret Cole, committed breach of contract, fraud, intentional nondisclosure and negligent misrepresentation and intentional infliction of emotional distress when it placed a 5-month-old boy with them in 1992.

The McMullens contend that EAC told them only that the boy had a correctable cleft palate. He later was found to be mentally retarded and affected with a severe form of epilepsy and is likely to require institutional care, according to the suit.

In court documents, Cole has argued that she personally should not be a party to the suit because the McMullens’ contract was with EAC. She also has argued that the suit was not filed in the correct jurisdiction and that she was not served with it in a timely fashion.

EAC has not filed a response to the suit pending the resolution of the jurisdiction issue. EAC representatives did not return calls seeking comment.”

Ombudsman Astakhov: No Adoption Agreement Without Definitive US Action

The U.S. is still dragging its feet in efforts to organize timely assistance to the Russian children who have suffered at the hands of American foster parents. This was reported by Russia’s ombudsman for children’s rights Pavel Astakhov, who was on an official visit to America in mid-February.

According to him, Washington has not yet assembled comprehensive data on the number of Russian children adopted by U.S. citizens, or all cases of violations of their rights. However, according to Astakhov, the State Department is making an effort to rectify the situation.

The Ombudsman noted that work on ratification of a bilateral agreement on adoptions will be accelerated only in the event of clearly-defined implementation guarantees. The agreement was signed in 2011. It provides for special training of foster parents and providing regular updates on the wellbeing of Russian children in the United States.