The Haiti Quandry

The world is watching saddened and horrified at the sights of the aftermath of the devastating earthquake of January 12, 2010 near Port au Prince in Haiti. Like other natural disasters, good people want to help. What can be more compelling than the sight of frightened children, hungry and without homes or parents? But, adoption is not an option for parents wanting to help at present.

The United States Department of Homeland Security took the unusual action of granting Humanitarian Parole to those children in Haiti who were already in process of being adopted before January 12, 2010. This parole was only for children who had previously been identified as legitimately available for adoption in Haiti and only to parents who had been vetted and screened by formal process in the US. Despite the needs of thousands of potentially orphaned children, their adoption is not being permitted at this time but for all the right reasons. Groups like UNICEF know that children without parents now may be discovered to have parents later. In the mass confusion, families are separated and members may actually be alive that were presumed dead. Extended family members may be able to care for orphaned children. it takes time to sort it all out. International adoption may only further traumatize children who need the security of familiar surroundings and language following such violent upheaval. International Adoption should be a long thought out decision based on the needs of both the children and ability of the family to incorporate a child with special needs. In an ideal situation, Haiti, with the help of the international community, would rally to rebuild its country and assist its people and keep its children where they belong- in their own country. But international adoption may need to be incorporated into the many solutions that will be needed eventually to care for all of Haiti's children. But only after certain safeguards are assured.

Haiti's earthquake was a potentially lethal blow to a society already falling apart at the seams. Haiti had thousands of children living in varying degrees of poverty and insecurity away from their parents as well as true orphans with no parents even before the quake. Corrupt and inefficient processing caused adoptions to take many years to complete. With paperwork lacking, it was difficult if not impossible to determine which children were truly "orphans" for legal purposes. Many Parents were already unable to feed their children placed them in "orphanages" just to keep them alive, not intending to give them up permanently. Many orphanages were unlicensed shelters with no oversight or standards housing children with no legal documents.

Haiti is the western hemisphere's poorest country with entire families living on a few dollars a day. Building standards are non existent. Most of the capital is now only rubble with remaining buildings severely damaged beyond repair. Civil society is ranked among the most corrupt in the world. Aid is delivered inefficiently in a manner that defeats the purpose of capacity building in too many cases. Sadly, an accepted system of placing children from the countryside in city families purportedly so they can attend school ( "restavecs" ) is abused as a means of using children as domestic slaves and as sexual property of sponsors. Haiti already had a tragic history as an easy target for human traffickers. Now, desperate parents look for any chance to keep their kids alive, even if it means giving them to strangers telling them what they want to hear. Professional traffickers are cashing in on this singular opportunity to prey on the young and desperate. In short, the quake could not have struck a more vulnerable country.

Haiti's future could not be any more precarious as hundreds of thousands live in makeshift tent camps of sheets and sticks with no sanitation while bodies continue to rot in the rubble. The human suffering is incomprehensible by all accounts. Many initial injuries are still untreated with risk of widespread disease and infection increasing daily. Hospitals are destroyed. Riots break out during food and water distribution as the least able and ill are literally starving to death. Aid distribution is difficult and dangerous. The rainy season is approaching and there are still not even tents available to most families, let alone regular food, water or clean living conditions. There is no work to return to and no money to be borrowed. Despite heroic efforts by Haitians and international relief workers, the situation has not stabilized and may not for many months or years.

Haiti needs continued intensive relief for its people to simply survive. But perhaps more importantly, once the reporters have gone home and the emergency is deemed over, Haiti will need to rebuild from the ground up. Its government, its infrastructure, its commerce and industry are devastated. Haiti will need our support for a long time.

Unfortunately, not everyone has either the right intentions or the right experience to help. The controversy around the "Haiti Ten" is a good example. At first glance, who can fault ten religious folks wanting to get orphans out of the destruction and danger of Haiti? But further inquiry shows that behind the claims of innocently and perhaps naively doing the Lord's work, was a leader with awards for being a savvy international business woman alongside checkered financial history of dozens of lawsuits, a recent foreclosure and failed project plans in the US. It also appears Laura Silsby's entry into the world of Missionary work was a recent one immediately following business failure. Did she reinvent herself or see the light? Unfortunately, good people can be taken in by those who say the right things especially when claiming religious motivation. Whether Laura Silsby was a misinformed overzealous missionary or a rank opportunist will come out in time. But the lesson stands that we should only trust established aid organizations who know the ropes and abide by the law.

Those hoping to assist Haiti in a meaningful way face some choices. Sponsorship of a child through a reputable organization like SOS Children's Village is a good one. UNICEF, Save the Children, Doctors Without Borders, World Vision and Food for the Poor have been doing this work a long time and are ranked tops in their field for getting the aid where it belongs and is needed. Different groups do different kinds of work. You can often direct your aid where you want it to go with larger groups.

Don't donate to individuals however convincing, or by email or phone solicitations. Don't donate supplies. It is an inefficient way to help. Don't head to Haiti unless you are a medical professional or experienced aid worker with an established organization. "Charity Navigator" at http://www.charitynavigator.org/index.cfm?bay=content.view&cpid=1004 lists the leading "four star" charities where your dollars do the most good. Donating to Haiti is the right thing to do but be smart about it.

Barbara J McArtney
Attorney at Law
Graham's Gift Children's Foundation 716-775-6715
www.grahamsgift.com