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.

 

 

Great News: Adoptee Citizenship Legislation Introduced in US Congress

Thousands of now-adult international adoptees whose parents failed to get them citizenship when they were children might now become U.S. citizens. On March 8, a new Adoptee Citizenship bill was introduced in both the House and the Senate, with bipartisan sponsors. Sen. Roy Blunt (R-Mo) and Sen. Mazie Hirono (D-HI) introduced the Senate version, S. 2522.  On the House side, Rep. Chris Smith (R-NJ) and Rep. Adam Smith (D-WA) introduced H.R. 5233.

Both bills have been referred to the Judiciary Committee in their respective chambers. The text is not yet available, though it should be soon. I will post it as soon as possible. The description of both says the bill will “provide for automatic acquisition of United States citizenship for certain internationally adopted individuals.”

The Child Citizenship Act (CCA) of 2000 provided citizenship for adopted children under the age of 18 at the time the Act became law. Those who were over 18 were not included in the bill. According to a press release from Sen. Blunt, “The Child Citizenship Act (CCA) left thousands of international adopted children, who are now adults, in an untenable position, facing everything from difficulty applying for a passport to possible deportation…By fixing current law to meet the original goal of the CCA, we will help ensure these individuals have the security, stability, and opportunity their parents intended for them when they welcomed them into their families.”

The legislation would grant citizenship to international adoptees unless they have been found guilty of a violent crime and been deported. This exception has been a point of much discussion and contention around the legislation. Some 20+ international adoptees have been deported, some due to serious crimes, and some due to relatively minor crimes such as selling small amounts of marijuana. Others are under the eye of the Department of Homeland Security because they are without citizenship, but have not committed any crimes. There currently exists no easy or clear path for these adoptees to become citizens once they are over 18 years old. Some did not discover they were not citizens until they applied for a passport or for security clearance at work.

The Adoptee Rights Campaign (ARC) estimates that 35,000 international adoptees are without citizenship, and they will be helped by this much-needed legislation. ARC has been among the leaders on this legislation, along with many others who have urged Congress for years to enact this into law.

Next steps could be hearings, then passage in both the House and Senate, and then signature into law by the president. No one knows the timeframe, but many folks are optimistic that the bipartisan, bicameral introduction of the Adoptee Citizenship Act will help it pass expediently.

That’s certainly my hope. That thousands of international adoptees, brought to this country to join new families, did not automatically receive citizenship because their parents failed to get it or because of bureaucratic errors, has been an untenable, unfair reality that the Congress has taken far too long to rectify. This new legislation would provide a long overdue correction, one wanted by the sending countries, by the adoption community, and by the adoptees.

You can follow the progress of the House bill here, and the Senate bill here.