Thursday, June 24, 2010

Is Illegal Adoption Human Trafficking?

Unicef certainly thinks so, while also noting that there is disagreement on this point.  The U.S. State Department's 2010 Report on Trafficking in Persons answers the question in the negative:

Illegal adoptions: The kidnapping or unlawful buying/selling of an infant or child for the purpose of offering that child for adoption represents a serious criminal offense, but it is not a form of human trafficking, as it does not necessarily involve the use of force, fraud, or coercion to compel services from a person. As stated in the travaux preparatoires of the Palermo Protocol, only “where illegal adoption amounts to a practice similar to slavery . . . it will also fall within the scope of the Protocol.”
Since adoptees don't provide "services," even the most egregious cases of kidnapping or buying or selling children will not be treated as human trafficking by the U.S.

More proof that adoptees are not human?

9 comments:

Sandy said...

Of course it is human trafficking. The 'service' is being the person's 'child'...

Anonymous said...

Being adopted to serve another's emotional needs to parent IS using another person...Adoption IS human trafficking. It should be in the dictionary as so.

Anonymous said...

How come there's no mention of the small matter of monetary gain?

Bukimom said...

Hey Anonymous--not everyone adopts to meet their own emotional needs. Some people adopt in order to meet the emotional needs of a child.

Research-China.Org said...

The U.S. State Department is not the most sensitive source for definitions of trafficking. Trafficking is the transfer of a child for money. Period. If you offer a birth family a substantial sum of money for a child, you do "coerce" them -- given the realities of China's rural economy, the sums paid represent a coercive influence on families. Additionally, the amount paid creates a financial incentive for less ethical people to simply kidnap children and then transfer them to an orphanage.

But, given the realities in China, I can understand how the U.S. government does not want to pait itself into a box when it comes to our largest lender.

Brian

Anonymous said...

Hey Bukimom...

There are two different anonymouses.

Also, you REALLY think I'm buying that *#%@?

(First Anonymous)

Anonymous said...

First Anonymous: Thank you for setting such an excellent example in your open-mindedness and willingness to consider other people's experiences and perspectives. I certainly see why we should all view your opinion as the only accurate opinion here...

Until all members of the triad (etc.) recognize that everyone has opinions and perspectives that must be addressed and acknowledged respectfully in order for us to all move forward meaningfully there will be no change in the way adoption is done in this country or any other...be part of the solution, not part of the problem.

Anonymous said...

as long as anyone makes money off of adopting a child, its human trafficking, that includes legal adoption, the agencies and gov get money. Adoption should be free

theadoptedones said...

Anonymous PEOPLE - could you perhaps consider adding a nick name at the end of your posts - otherwise there is no point in responding to you?

Illegal adoptions should be considered trafficking. I do not understand how it isn't. Something to do with priviledge and the lobbying by certain parties to keep it outside of that term?

But then of course there would have to be real hard penalties for it and that would never do.