Did Disruption of Russian Boy's Adoption Break the Law?

As the parent of an internationally adopted child, it was heartbreaking to read that an adoptive parent, Torry Ann Hansen, decided to return her adopted son back to Russia. Not only that but the child, Justin, (his Russian name is Artyem Saveilev) was sent unaccompanied on the plane, leaving Russian and American parents and officials to consider the legalities of letting a child return to Russia with no adult supervision.

At the very least, it seems a particularly cruel way to give up a young child by an adoptive parent. It may also have been against the law, especially since the young boy may legally be an American citizen. Having kept up with the adoption and citizenship requirements for internationally adopted children, it is hard not to question the legality of Torry Ann Hanson's decision. Could she actually return her adopted son back to Russia? Don't American citizenship laws protect him and make him an automatic American citizen?

The Child Citizenship Act May Make International Adoptees Automatic U.S. Citizens

Before the Child Citizenship Act was passed in 2000, many internationally adopted children had to become legal citizens of the United States - after they arrived in the country. Unfortunately this led to some problems, including parents who never bothered to fill out the required paperwork for their children. Some children were indeed returned to adoption agencies, leaving their citizenship status in limbo.

The Child Citizenship Act of 2000 , easily found at the U.S Department of State's Bureau of Consular Affairs here, solved that problem. Once the act was passed, any internationally adopted child who was under the age of 18 years of age was automatically considered a United States citizen, and parents didn't have to jump through hoops to complete the process.

The information is right there, plainly stated, at the U.S. Department of State's site. Most adoptive parents fulfill the requirements for their adoptive children to automatically become U.S. citizens. They don't even have to fill out the reams of paperwork we did or have our child take a citizenship oath before a judge (again, as we did).

Torry Ann Hansen's Decision to Return Adopted Son to Russia May Threaten Future Adoptions from Russia

Reading about this was not only heartbreaking, but it brought back painful memories. We'd adopted our son from Romania and had gotten him out of the country only 10 days before Romanian adoptions were closed down. Now families who are trying to adopt Russian children may be facing a situation similar to families who tried to adopt from Romania - but were unable to complete those adoptions. When it comes to international adoptions, the laws and rules can change overnight. When it comes to Russian adoptions, they may be closed due to one woman's unfortunate choice.

Even before the latest tragedy, diplomatic tensions in Russia were already building over adoptions of Russian children by American families. Newspapers had reported cases of cruelty in some relatively rare and isolated instances. This latest incident may lead to a complete shutdown of adoptions, a move which would hurt not only Americans waiting to welcome internationally adopted children into their families but leave Russian orphans without families. The fact is that there simply aren't enough Russians willing or able to adopt the orphans living in Russia. If international adoptions are halted then the children are left without families.

Did the Return of a Russian Adoptee Break the Law?

The legalities of returning an adopted child to Russia are under scrutiny, particularly in light of the Child Citizenship Act. How can a child who is legally an American citizen be put on a plane and sent back to Russia? An official who is in charge of child protection in Russia is putting pressure on the proper authorities in Tennessee to bring criminal charges against the single mother who adopted Justin, Torry Ann Hansen.

This is a woman who may well have had other options and could have reached out to waiting adoptive families and foster parents in the United States. Again, this brings to mind a personal experience. Within years of adopting our son, we were offered the chance to adopt a Russian boy whose parents felt they couldn't handle him. Although we didn't pursue the adoption, we were told that the boy could be adopted or put in foster care. At no point was there any discussion of returning him to Russia. He was considered an American citizen, subject to the citizenship laws of the United States.

Is the Child a Russian or American Citizen?

Some Russian authorities are claiming that Justin is still a Russian citizen while some U.S. officials are claiming he is an American citizen. This only adds to the confusion about Justin's future as well as the future of pending Russian adoptions by American families. Russia is among the leading source of adoptive children, topped only by China and Ethiopia. If the adoptions are stopped, there could be thousands of disappointed families who had their hearts set on adopting Russian children and welcoming them into their homes. Since 1991, over 50,000 children have been adopted by American citizens. Will this latest tragedy put a halt to these adoptions?

Sources:

Personal experience with international adoption and continued contact with agency
Child Citizenship Act of 2000, U.S. Department of State, here
In a Diplomatic Limbo While Waiting to Adopt, New York Times, April 12, here
U.S. Mother of Rejected Russian Boy Faces Charges After Ultimatum, Telegraph.co.Uk, here