International Adoptee Adam Crapser Sues His Adoption Agency for Negligence And Fraud

Adam Crapser, adopted from South Korea to the US, had a horrible, abusive childhood that involved two sets of adoptive parents, neither of which ever got him citizenship. He was deported to South Korea after serving time for criminal charges. He is now suing Holt Children’s Services and the government of South Korea for gross negligence, fraudulent paperwork, and failure to adequately screen adoptive parents.

The amount of money Adam is seeking is relatively negligible ($177,000). The case could take years to get through South Korean courts. According to the AP article, Adam “said the amount of money is less important than forcing Holt and the government into a courtroom to face questions of accountability.”

Adam Crapser in Seoul, per AP https://www.apnews.com/12472d8f87944f12ae63f74a2829a410

And that may well be the most pivotal outcome of this suit: adoption agencies looking at their accountability, rather than their good intentions, and hopefully creating a dialogue with adoptees about their practices, services, and outcomes. For far too long, adoptees have been considered solely as children, despite the fact they grow up. For far too long, adoption has been considered with fairy tale wistfulness, romanticized and glossed over, the traditional narrative being win-win-win. Yes, adoption can be positive. Yes, everyone’s experience varies. Still, for far too long, there have been not just whisperings but lawsuits regarding fraud, corruption, and negligence in adoption. We are beginning to see the next wave of adoption awareness, as voiced by adoptees themselves.

I am not aware of adoptees who have sued their adoption agency, though I’ve long thought that the possibility was genuine. A class action suit would not surprise me, Adoptive parents have sued agencies multiple times, often for fraud. There have been cases of adoptees who have annulled their adoptions.

I wrote in Slate about Adam Crapser. I’ve been writing about the need for citizenship for all adoptees for years. The Adoptee Rights Campaign has been actively working on legislation to get citizenship for ALL international adoptees. There will be, once again, legislation introduced in Congress to achieve this: it’s been a struggle.

Of course, the struggle has been extremely difficult for international adoptees deported from the US to their original countries, places where they don’t speak the language, have no family or friends, and are utterly alone. Joao Herbert was killed in Brazil. Philip Clay died by suicide in Korea. Deported adoptees, adopted by American families ostensibly forever, are living in Germany, Guatemala, India, Costa Rica, and elsewhere. They truly deserve better, and it is shameful that the US government has for years allowed adoptees to be deported. These adoptees were brought here with the oversight of the US and the sending government and legally adopted by US citizens.

Adoptive parents, make sure you have all possible citizenship documents for your children, especially if they are minors. Immigration laws are in flux: protect your children fully. Adoptees, make sure your papers are in order.

Melanie Chung Sherman, a therapist and international adoptee, shared this on her Facebook page:

“I strongly encourage international adoptees over the age of 18 years old to obtain your original (not just a copy), file in a safe and secure place, OR (at a minimum) ensure that you know who and how to access the following (each birth country will have different documents that I have not listed):

–US Naturalization/Certificate of Citizenship
–US Passport
–Birth Country Passport (when you immigrated to the U.S. through international adoption)
–US Visa Approval papers
–Alien registration number 
–Adoption Finalization Decree 
–SSN card
–Amended birth certificate 
–Copy of birth certificate given by birth country
–Court papers from birth country
–Social history/referral papers (these will have the name of the agency/caseworkers/representatives in your adoption)

Far too many international adoptees do not know these documents exist. Many have been openly denied access by their adopt parents well into adulthood. Many have learned that their documents were lost, destroyed or incomplete. 

International adoptees will need their documents to prove citizenship as well as the fact that they were adopted and immigrated through international adoption. 

These documents are more than just legal papers, but a connection to their story and sense of self. It is a generational connection should they become parents and grandparents to their history as well. These documents are property of an adoptee’s life.”

My thanks to Melanie, and my best wishes to Adam for an appropriate outcome to the absurdity of his deportation. I think about the many deported adoptees often, and about those who are without citizenship here in the US. I can only imagine the conversations going on in adoption agencies and among adoptive parents.

It is past time to drop the aged adoption narrative. We must listen to adult adoptees.

 

 

More Progress on Adoptee Citizenship Legislation

There may be some more light in the tunnel for international adoptees in the form of U.S. citizenship. Legislation was introduced June 10 by Rep. Adam Smith (D-WA), and co-sponsored by Rep. Trent Franks (R-AZ), on the House side (H.R. 5454), to provide retroactive citizenship for all international adoptees. The bill is companion legislation to S. 2275, introduced on the Senate side by Sen. Amy Klobuchar (D-MN) last fall. Both bills have been referred to their respective Judiciary Committees. Next steps could be hearings in those committees, though nothing has been scheduled yet. These bipartisan bills represent significant progress on citizenship for all international adoptees. The work is not done yet by any means, but having bills on both the Senate and House side is significant.

In a press release, Rep. Smith said “Adopted individuals should not be treated as second class citizens just because they happened to be the wrong age when the Child Citizenship Act of 2000 was passed.” You can read the entire press release here.

Today is the second Adoptee Citizenship Act (ACA) Day of Action, and international adoptees and allies are on Capitol Hill to advocate for passage of the legislation. The first Day of Action was on April 19. The National Korean American Service and Education Consortium is among the leaders of today’s event. Their press release includes this story:

“Kris, an adoptee from Washington who is impacted by the ACA, said: ‘The US is my home and I am an American citizen of the United States, even if a piece of paper says otherwise. I attended college, raised 2 children, and paid my taxes as a citizen. I worked for Fortune 500 companies as a highly successful database engineer and project analyst. Now I am in a precarious state and am concerned about my citizenship and employment status. I was born in Vietnam and was to be brought to the United States with other children through the Operation Babylift during the Vietnam War. My parents who are U.S. citizens were stationed there at Anderson Airforce Base in Guam while volunteering for the Red Cross and adopted me in 1975. Somehow, my adoption paperwork was lost during the naturalization process. My parents thought the process had been completed, as there was no indication of a problem. This loophole needs to be fixed for the thousands of others who are living, like me, without citizenship.'”

It seems amazing that, for decades, international adoptees were not granted automatic citizenship when they were adopted by U.S. citizens and arrived in the U.S. You can learn more here.

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Some folks might forget that international adoptees are immigrants, with all the complexity that immigration involves. I urge all adoptees and their families to make sure they have a Certificate of Citizenship. A passport is a limited means of proving citizenship, can expire, and is issued by the U.S. State Department, The Certificate of Citizenship is issued by the U.S. Department of Homeland Security, and does not expire. State and Homeland Security use separate databases, and so having a passport may not be adequate proof of citizenship for some purposes.

You may never need the CoC. I get that. But the parents of deported adoptees (those convicted of a felony and without citizenship) probably never envisioned their children subject to deportation either. Nor, of course, did the adoptees themselves, including those who have been deported to Germany, Korea, Brazil, and elsewhere, who are sitting in U.S. Immigration and Customs Enforcement detention centers, or who are unable to vote or get financial aid because they have no proof of citizenship. Why risk it?