[latinresearch]

HELLO


What is the importance of using and adoption facilitator, like precious.org, for do and adoption?


Is better contacting a adoption agency directly?

[sak9645]

... is simply an unlicensed provider. Any provider that calls itself an agency must be licensed in one or more states. Using facilitators is illegal in some states.

Sharon

[BrandyHagz]

The term "facilitator" is used differently in international adoptions.

Since this post was made in the international forum, I assume that’s what he means...in which case, local facilitators would not be used. The facilitators in the US only work with domestic birthmothers, from what I understand.

Generally, in international adoptions, the facilitator is someone who works directly with the agency, and is "in country" handling the issues.

You would have to talk to the agency you intend to use to see if they have an "in country" facilitator.

[sak9645]

... there are three different types of facilitator used in international adoption, but all are unlicensed in the U.S.

1. Many individuals choose to use an American facilitator instead of an agency when doing an adoption overseas, if their state of residence and their foreign country of choice permit. An American facilitator, in this context, can be anyone who represents himself/herself as knowing how to conduct adoptions from a particular country, and who gets paid for helping a family complete an adoption, but who has not gotten licensed as an agency. Some facilitators are reputable, some are not.

In general, I think that families should stick with agencies, as there is a greater amount of accountability if an agency knows it can have its license yanked for malfeasance. Also, agencies have to comply with various rules concerning the qualifications of staff, non-profit designation, written policies concerning things like refunds and grievances, audited financial statements, and so on.

I don't think that a family should be swayed by the statements some facilitators make about the fact that they can keep their costs lower than agencies' because they don't have to comply with all the state's licensure requirements; compliance with licensure requirements may add a trifling amount to cost, but it can mean the difference between a good and a bad experience for a family.

2. Some families choose to use foreign facilitators, instead of agencies or American facilitators. These people often see themselves as doing "independent" adoptions, although they really aren't, if the foreign facilitator identifies children and leads them through the adoption process. Again, some facilitators are reputable, and are only unlicensed because states don't license foreign businesses; unfortunately, many are not. It always amazes me when some person from a foreign country gets onto a bulletin board like this one and announces that he can get a family a healthy infant from the country -- and people flock to him/her, knowing nothing of his/her background.

Even if a foreign facilitator is honest, and is well-connected with the adoption authorities in his/her country, there is no guarantee that he/she knows the USCIS immigration laws. Unfortunately, there have been families who have identified a child through a facilitator and finalized an adoption -- only to learn that there is no way to get the child an adoption visa, because the child does not qualify as an "eligible orphan" under the U.S. Immigration and Nationality Act. The only way a family could bring such a child home would be to live overseas with the child for a period of two years -- something that few American families can do.

There is also no guarantee that he/she understands Americans' concerns about the health status or age of the children they adopt. Some may not recognize -- or care to find out about -- medical issues like fetal alcohol syndrome, which can have a major impact on a child's learning and behavior. Some may pressure a family to adopt a child much older than the one originally considered, without caring that older child adoption is tough, and that a family should not go into it unless well prepared to deal with some of the issues that may arise.

And some foreign facilitators do not respect American concerns about ethics. Unfortunately, there are foreign facilitators who have bought and stolen babies. We're not talking about a small bribe to ensure that a family's suitcase isn't rummaged through at the airport; we're talking about mistreatment of children and their birthparents.

With an American facilitator, if he/she steals your money and you don't manage to adopt a child, you can at least sue him, although it is a costly and time-consuming way to go. When you use a foreign facilitator, there is no recourse. You can post on this bulletin board in hopes that some other family will be spared a heartache, but you will not get even part of your money back.

3. Many, though not all, licensed agencies contract with foreign facilitators, who may serve several agencies, to assist in the identification of a child for a family, and to coordinate the adoption trip. GOOD licensed agencies check out these facilitators very carefully and don't get "burned" very often. They also supervise the facilitators carefully, to ensure that they are using only acceptable practices. Moreover, they don't pay the facilitators in a way that may encourage them to obtain babies illegally.

Some agencies refuse to use foreign facilitators altogether. They choose to use their own salaried staff, instead. These people are often at least as familiar with the foreign countries, and because they are salaried, don't have incentives to cut corners in maximizing the number of children they find for placement.

Sharon

[stevo]

To add to Sharon's post (which was wonderfully detailed), according to the Russian Law, it is illegal for "third parties" (facilitators) to assist in selecting or placing children for adoption.

The only people/groups authorized to engage in child selection or placement are:

- the Bodies of Trusteeship and Guardianship
- the Bodies of Executive Power of the subjects of the Russian Federation
- the Regional and Federal Operators of the Databank of Children and
- Adoption Agencies specially authorized by the Russian Federation ("Accredited").

However, a person can use legal representation and an interpreter if they do not speak Russian.

All this said, there are many people who use Foriegn Facilitators, it's illegal, but it's done left and right. Sharon is correct in saying that there are some good ones and some bad ones. And you run the risk of being in middle of the process with them and their time of third party conduct running out.

My husband and I feel very strongly about being above reproach in this area, and we feel very strongly about staying out of debt, so we chose to research and go on our own, "totally independent". It can be done if you are in for a risky adventure! If you would rather have someone guide you along in the process, I would suggest that you look into the services of an attorney such as Irina O'Rear. Otherwise, an agency such as Nightlight Adoption Agency would be a good bet. But, this is all up to each individual, and facilitation (incorrectly labeled "independent adoption") is a way many people go to save some money (although I have seen people pay nearly as much as with an agency when going this route).

Oh, I should also mention that there are people and groups such as Becky Swanson's Starfish Program where she has made contacts with the Ministry of Education, drivers, interpreters, and attorneys (all of which are legal to work with). People like her usually charge a minimal fee and hook you up with these people - fees paid- and guides you through the process. You do all of the work and have the assistance of legally approved individuals, but the Ministry of Education makes the referral and you receive it. They are not at all involved in the selection of a child. They only help you get around and find where you need to go. They also give you a list of documents needed and provide translations of your documents. (Let me say here that we have posted a list and samples of all documents needed on our website which can be found in our profile along with contacts for such legal services - free of charge). So, this is another option if you are somewhat risky and adventurous, but not enough to go "totally independent!"

Hope some of this helps! Check out my profile for our site or e-mail me for the link if you are interested in knowing more about going "totally independent."

Best Wishes!

Michelle Debenport
Dallas, TX

[latinresearch]

Thanks for all !!!!!!