Many people hear of natural or man-made disasters in various parts of the world, and want to open their homes and hearts, via adoption, to children who have lived through them. Unfortunately, it is rarely possible, at least in the short term. The reasons are simple:
 

1. In the immediate aftermath of a disaster, it is often difficult to ascertain that a child is truly an orphan. Parents may have become separated from their children in the confusion and may be in another refugee camp or just over the border. It is not ethical to place a child for adoption unless it is clear that no parent able to care for that child will be found. And the U.S. Immigration and Naturalization Service will not grant an orphan visa to a child unless he/she clearly meets the definition of an eligible orphan; eligible orphan status cannot be considered if there is a possibility that a parent could provide care at the country's normal standard of acceptability and did not purposely abandon or relinquish the child.

    

2. Even if it is clear that a child has no parent able to care for him/her, good adoption practice requires that attempts be made to place the child with extended family, members of the community, or others in his/her birth country, in order to preserve his/her heritage. Intercountry adoption is appropriate only if a child is unlikely to find a permanent, loving family in his/her birth country. A search for a domestic family can take many months in the aftermath of a disaster.

    

3. Ethical adoption practice requires that a child be considered legally relinquished or abandoned, and then legally adopted according to the laws of his/her country of citizenship. In the immediate aftermath of a disaster, a country's government may be in disarray and what resources are available may be deployed on projects such as providing safe water and food, caring for the injured, burying the dead, maintaining order, and so on. Thus, the courts and other entities that could handle relinquishments and adoptions may not be functioning at all, or may be giving first priority to projects in other areas. Adoption cannot proceed in such an environment.

    

4. In the immediate aftermath of natural or man-made disasters, an area may not be safe for travel. Adoption agencies will not expose their staff to the risk of harm by sending them to such areas to identify and evaluate children for adoption. They are also not going to send families into harm's way by having them go to a high-risk area. And sometimes, U.S. government officials who review the legitimacy of adoptions and process exit visas are unable to work safely in a country. Moreover, even if staff and families might be willing to travel, civilian air and ground transport to and within an area might be unavailable.

    

5. Even if a country manages to get its legal system functioning and to identify parentless children, it may not permit adoption, by law or custom. This is particularly true in countries that live by Shaaria, Islamic law, which does not recognize adoption.  Afghanistan's law, which is founded on Islamic law, does not permit adoption.  There is no adoption under Iraqi law, only guardianship, which the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (formerly the INS) and the Board of Immigration Appeals have deemed insufficient for the purposes of immigration under the Immigration and Nationality Act. Iraqi law has not permitted foreigners to obtain legal guardianship of Iraqi children. The Department of State does not know at this time whether Iraqi nationals living abroad may obtain legal guardianship of Iraqi orphans.  Some Muslim countries may allow international adoption of non-Muslim children, or may allow citizens of their countries who live abroad to adopt, but such adoptions are quite uncommon and may be difficult to complete.

Joint Council recommends that families wishing to aid the children of Afghanistan and Iraq provide other forms of assistance, via reputable relief organizations, at this time. President George W. Bush has announced that donations benefiting Afghan children can be sent to the White House, at the following address:

America's Fund for Afghan Children
C/O The White House
1600 Pennsylvania Ave
Washington, DC
20509-1600