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ADOPTION
NOW IN THE HANDS OF THE ATTORNEY GENERAL |
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By Lagi Keresoma |
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Passing the amendments to
the Infants Ordinance Act 1961 has shifted the power or authority over
adoption to the Attorney General, away from the District Courts.
Although adoption will still go through the courts, the Attorney
General is now the only one who has the authority over adoption or
someone the Attorney General appoints to deal with any adoption. This
authorization can be revoked by the Attorney General at anytime.
Senior District Court Judge Vui Clarence Nelson was concern over the
increase number of Samoan children adopted to overseas couples, so he
ordered an investigation into the adoption scheme. This resulted in the
establishment of a Special Committee chaired by Vui himself, with the
Attorney General, Police Commissioner and head of some Government
Departments.
The new amendments are considered by some Members of Parliament as long
overdue, while many are concern that the Government had rushed into
passing the amendments; which were tabled and passed on the same day in
Parliament.
The Opposition Party, Samoa Democratic United Party (SDUP) said that
the Government was reacting to a situation involving the death of a one
year old girl, who was awaiting adoption to an American couple. In
their view, the Bill should have been given to the Special Committee
for review and to hear views from members of the community, especially
parents who are adopting their children.
The amendment is seen by others as an "intrusion into the areas of the
human rights of birth parents to have their children put up for
adoption...”
The new amendment reads:
Section 3 (subsection 1 and 2) states that "... no Court shall make an
adoption order involving an overseas adoption without a certificate
from the Attorney General certifying that: (a) "The infant subject to
overseas adoption does not have any family or suitable family or other
suitable person in Samoa who is or are willing and able to provide for
the care, support and welfare of the infant in Samoa. (b) That there
are no other suitable arrangements available in Samoa for the care,
support and welfare of the infant.
This clearly says that the infant subject to an adoption is an
orphan. Whoever wants to adopt a child to an overseas family has to |
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Bella Alefosio reunited with some of her children that were in
the process of being adopted out, following
the amendments of the Infants Ordinance 1961 Act. (Photo: Lagi Keresoma) |
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Parliament passed Amendments to Infants Ordinance 1961 Act
following public concern over the increase of Samoan children
being adopted out to American couples. (Photo: Lagi Keresoma) |
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Many families see adoption as a second chance for their children
to get a better life overseas; many are adopted to American
couples, or families overseas. (Photo: Lagi Keresoma)
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satisfy all requirements laid down by the amendment. Fail to provide
the information needed is an offence punishable by a fine not
exceeding 1000 penalty units.
It also says that "no one in Samoa or elsewhere shall act or call
themselves out as an adoption agency."
American based adoption agency Focus on Children (FOC) has a local
agency dealing with the adoption of children from Samoa since 2001.
So far they have adopted almost 100 children and more are said to be
sent over. In trying to accommodate with the American law that the
child must be an orphan, the local agency have placed all the
children at a Nanny house at Ululoloa while awaiting adoption.
Many of the parents that have given up their children for adoption,
were with the understanding that once their children reached 18
years old, they will return to the natural parents.
FOC owner Scott and Karen Banks from America visited Samoa in an
"effort to clean up the mess" only to be the focus of it all. FOC
has been under hot water since the death of the young girl from
Faleasiu who was awaiting adoption overseas. As soon as the
amendment was passed, parents took their children back; some are
trying to locate the place where Karen has placed the children.
With all this adoption deals, FOC's staff and former employees and
everyone involved, are embroiled in a "pointing finger" game and
every one is running for cover.
The other adoption agency in Samoa is Journey of the Heart also from
the United States.
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Copyright Event Polynesia Ltd.
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