Adoption refers to the process whereby an individual takes parenting responsibilities of another person. In this case, all parenting responsibilities transferred to the adopting parent(s) are lasting and therefore the process should be recognized by the society. Various countries have their different laws that guide the adoption process. In Russia, adoption is legally recognized by the law provided that the adopting parents meet all the requirements by the law. However, the emerging issues surrounding the security and welfare of the Russian children adopted by Americans has led to the implementation of a new adoption ban. This paper argues that the new Russian adoption ban law should be fully implemented since the adopted children are not secure in the U.S. and other foreign countries.
There are a number of reasons that has increased the need for adoption in Russia over the last two decades. To begin with, the number of children in orphanage has significantly increased. This number has actually surpassed the capacity for the orphanage centers. As a result, these facilities are unable to provide adequate care that is required for these children. This has led to poor health and increased mortality rates. Therefore, adoption was viewed as one of the major ways through which the welfare of these children can be improved. Furthermore, a large number of the adopting parents have adequate resources and hence can provide the necessary care for the adopted children. Also, there are an increased number of children who are left by their parents due to illnesses and other problem. Therefore, adoption is necessary in order to ensure that all these children get the required care. However, the increased rate of death and brutality to the Russian children adopted by Americans has undermined the reliability of adoption as a way of improving the welfare of these children.
On December 28, the Russian president signed into law a ban on any adoption of a Russian child by American citizens (Program on Negotiation: Harvard Law School). This resulted from increased cases of abuse and brutality among the adopted children. This law took effect on January 1, 2013, which implies that there is no adoption procedure that was expected to take place after this date. Furthermore, this legislation is aimed at outlawing all non-governmental organizations that receives funding from U.S. as well as imposing visa ban on all Americans who are accused of violating the rights of Russians in the U.S. (Carbonnel).
The U.S. officials have been negotiating with the Russian officials in order to allow the 50 adoptions that had started before the ban. In connection to this, the court decided to release six children whose adoption had already been decided but the others are expected to remain in Russia (Flintoff). Nevertheless, the court should have reversed the process because the welfare of these children is equally important and therefore should not be left to suffer in U.S. The main goal for legalizing adoption is to improve the welfare of the adopted child (Trevor 50). Therefore, it is necessary for the Russian officials to terminate the adoption process immediately regardless of the fact that the children had already been transferred to the U.S. By so doing, the court will be upholding the rights of these children.
On their side, the U.S. officials have termed the ban as misguided since it links the children’s fate with unrelated considerations (Carbonnel). That is, the Russian government was motivated by retaliatory gains rather than the children’s welfare. In addition, this law has negatively affected diplomatic relations between Russia and U.S. On their side, the Russian officials argue that the ban is triggered by the death of over 19 Russian children adopted in America within the last one decade. Therefore, the implementation of the ban was viewed as the government’s efforts to protect its citizens.
There are other reasons why the adoption ban in Russia was implemented. To begin with, there is an increased concern about the care provided by foreign parents of Russian adopted children (Flintoff). Before adoption, the adopting parents are expected to prove that they will be responsible and ready to provide the necessary care for the adopted child. However, this is not the case since there are increased cases of irresponsibility among the adoptive parents and poor care for the adopted Russian children.
Recently, tensions have erupted between the Russian and U.S. officials when a Texas mother was blamed for the death of a Russian born adopted son (White and Koppel). However, the U.S. officials denied these allegations arguing that the claims were inaccurate. This increased the tension among the Russian officials, the fact that has called for urgent measures. According to the Russian officials, the American court has the responsibility to protect the rights of every child regardless of whether they are adopted or are in the custody of their biological parents (United Nations 80).
Based on the past statistics, there has been an increase in the cases of abuse of adopted children in the U.S. (Carbonnel). To make the matter worse, the American courts have not taken any significant step to solve the matter bearing in mind the fact that the issue has been raised for the last three months. This implies that the adopted children from Russia are not given adequate protection by the American courts. In other words, the U.S. officials have failed to protect the Russian children adopted by the Americans. In connection to this, it is important to have the ban in order to stop the suffering of the Russian children until the U.S. government guarantees maximum protection.
Another reason why the new Russian adoption ban should be fully implemented is the increased cases of brutality and torture of the adopted children. For instance, child rights officials Dmitry Dolgov and Pavel Astakhov have exposed some cases where numerous wounds have been found on head, legs, and abdomen of the adopted children (White). This is a clear evidence of the extreme brutality that adopted Russian children are undergoing while in the custody of their adoptive U.S. parents. Also, the two human rights ambassadors have revealed the case where internal organs were found on the body of Maxim Kuzmin, who died early this year (January 21) (CNN). Furthermore, it was revealed that the boy was given a strong antipsychotic drug though he was just three years old. Despite the outrage the incidence caused among the politicians and media, U.S. has remained silent on the matter. From this incidence, it can be concluded that the U.S. adoptive parents cannot be trusted with the Russian children. Therefore, the government officials are justified to implement a ban on adoption by U.S. parents. After the death of the child, the U.S. authorities were expected to explain to the Russian officials what happened to the boy just two months after adoption. However, this did not happen.
One of the major goals of allowing adoption in Russia is to improve the welfare of the child. In this case, it is expected that the adoptive parents are able to provide the basic needs including security for the adopted child. In the case of U.S., the increasing deaths of adopted children in mysterious circumstances are a clear indication of the fact that the adopted children are not well treated.
According to the poll conducted on December 23 in Moscow-based Public Opinion Foundation, about two thirds of the respondents agreed with the fact that Russia should put more restrictions on U.S. adoptions or ban them (Ostaptschu). This implies that the majority of people have noticed the brutality that the Russian children are undergoing under the custody of foreign adaptive parents.
The cases of negligence among the U.S. adoptive parents have significantly increased. According to the law, the adoptive parents are expected to provide maximum care and security for the adopted child. However, a large number of Russian children have been reported to have been injured or even killed while playing outside or after being left unattended. For instance, Dmitri Yakovlev died of a heart stroke after being left unattended in a car for nine hours (Program on Negotiation: Harvard Law School). Such cases of negligence have provoked anger among the Russians, the fact that has resulted to the adoption ban. It is important to note that Russia has the responsibility to ensure maximum protection for every Russian child in all parts of the world.
The Russian adoption ban by the American citizens has triggered criticisms from a number of stakeholders. For instance, the ban is seen as a retaliation by the Russian government against U.S. for passing a law intended to punish Russian human rights violators (Belogolova). In connection to this, Kremlin is accused for using the fate of many Russian orphans as a lever of political pressure (Jean). In Russia, there are a large number of orphans who are currently suffering in the orphanage and could get a better attention on the hands of their foster parents. Therefore, it is advisable for Russia to use another measure to retaliate against the U.S. for Magnitsky law. On the other hand, the fact that the adoption law is a retaliatory move is not justifiable. This is because the past incidences have provided adequate evidence to justify the fact that there have been increased cases of abuse and brutality against the Russian children adopted by Americans. Based on this evidence, it can be concluded that the ban is genuine and should be fully implemented until the American officials find the way to protect the adopted children.
In conclusion, this discussion has clearly revealed that the implementation of the new Russian adoption ban is justifiable. Based on the recent statistics, there have been increased cases of brutality among the American adoptive parents. A large number of adopted children have died mysteriously while in the custody of their adoptive parents in the U.S. Also, there are increased cases of negligence among the adoptive parents in the U.S. However, the court has failed to guarantee the necessary protection for these children. Therefore, the Russian government is justified to ban the adoption of Russian children by Americans until the U.S. government guarantees maximum protection.
Works Cited
Belogolova, Olga. "U.S. Lawmakers Press Russia to Ease Adoption Ban." National Journal Daily. 4 Feb. 2013: 5. MasterFILE Complete. Web. 13 Mar. 2013.
Carbonnel, Alissa. “Putin signs ban on U.S. adoptions of Russian children.” Reuters. 28 Dec. 2012. Web. 13 Mar. 2013.
CNN. “Russia's Putin signs anti-U.S. adoption bill.” 29 Dec. 2012. Web. 13 Mar. 2013.
Flintoff, Corey. “ Adoption Ban Puts Orphans At Center Of U.S.-Russia Dispute.” 22 Dec. 2012. Web. 13 Mar. 2013.
Jean, Laura. “Russia's adoption ban harms kids.” CNN. 17 Jan. 2013. Web. 13 Mar. 2013.
Ostaptschu, Markian. “A new law blocks Americans from adopting Russian children. Human right activists consider the ban to be an inappropriate reaction to US sanctions on Russian officials accused of committing human right violations.” 28 Dec. 2012. Web. 13 Mar. 2013.
Program on Negotiation: Harvard Law School. “Russia’s Adoption Ban Triggers a Diplomatic Crisis.” 5 Feb. 2013. Web. 13 Mar. 2013.
Trevor, Buck. International Child Law. London: Routledge, 2005.
United Nations. Child Adoption: Trends and Policies. New York: United Nations Publications, 2009.
White, Gregory. "Russia Pushes Ban on U.S. Adoptions." Wall Street Journal - Eastern Edition 20 Dec. 2012: A12. Business Source Complete. Web. 13 Mar. 2013.
White, Gregory and Nathan Koppel. “Texas Case Rekindles Russia-U.S. Adoption Spat.” The Wall Street Journal. 21 Feb. 2013. Web. 13 Mar. 2013.
