"Imagine that you're at work when whatever natural disaster is most probable in your state strikes. For me it would be an earthquake, for you it might be a flood, volcanic eruption, or hurricane. The natural disaster has toppled telephone poles and cell phone towers, damaged roads, and collapsed bridges. You try desperately to contact family members but no phones are working.
What was a simple 45 minute commute this morning has become an almost impossible journey. The freeway is impassible and roads are covered in debris. It takes you almost a week to reach home. When you finally arrive you receive word that your sister and her husband were seriously injured and did not survive. As you absorb this loss you worry about your three year old niece and five year old nephew.
After several frantic days you make it to your sister's destroyed house only to find out from her neighbors that your niece and nephew have been taken by foreigners to be cared for in an orphanage. You are thankful to hear that they survived and are determined to find and care for them. Unfortunately, the neighbors don't know which organization took the children. All they know is that they spoke only a little English and wore matching green shirts with words in either Spanish or Portuguese written on them.
You are frantically searching for the orphanage when word reaches you that foreigners have begun flying plane loads of children out of orphanages to be adopted in other countries. You start to panic for fear that by the time you find this orphanage it'll be too late. If your niece and nephew have been taken to another country you may never be able to find them and bring them back. It's now a race against time.
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Don't do this to someone else's child. Children in orphanages often have parents or extended family trying desperately to care for them."
This is an essay taken from a blog entitled "Good Intentions Are Not Always Enough: An honest conversation about the impact of aid." The essay clearly echoes many of the cries from aid organizations regarding the questionable status of children in Haitian orphanages and the resultant decision to postpone adoptions.
While describing an obviously complicated situation and taking a clear stance on the issue, the essay also brings to light a few, less obvious but equally important, questions related to adoption and family-making. First, it assumes that familial (blood) rights trump adoptive rights while ultimately taking this stance as a human rights issue, playing on the pathos of the image of one searching for a lost- "abducted"- family member.
Taking this assumption into consideration leads one to ask: "who has the 'right' to care for children who have lost their parents in a disaster?" Do aunts and uncles have the right to claim guardianship over the nieces and nephews in situations such as this? The article clearly indicates that they do. But, if this is so, why? Solely due to a blood relationship? What if they had little emotional relationship with the children prior to the disaster? What if the adoptive family would indisputably have the capability to provide the children with a "better life"- a better education, more opportunities, stability? What if the blood relative claiming rights to the children is more distant relative: a great-uncle or great-aunt? A second cousin? Where do the familial blood rights end?
These are not easy questions and they in fact lead toward an even more complicated and nuanced question: "what is family?" Can family be defined on clear legal terms? Family is a concept that is highly varied and personalistic. So, should the legal definition of family even matter?
If one can come to clear terms with these questions (which I have not), more questions arise. How does adoption fit into the picture? Are the ties created by adoption as strong as those created by blood? Or a more nuanced question, does the age of the child at the time of the adoption make a difference? For instance, had the children from this story been orphaned as babies and adopted quickly would the aunt/uncle still have rights to the child? How long do familial relationships in adoption take to form?
None of these are simple questions, but they are questions that are relevant to our current time. As people look to alleviate the situation in Haiti- with only the "best intentions" at heart- people are going to ask these very questions. To answer these questions in the way that is most sensitive to the rights of children, families and adopters, I suggest that we look toward past experiences for some ideas as we simultaneously listen attentively to contemporary voices involved in the issue (children, families, and adopters) to keep ourselves in check.