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C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 000342 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR CA/VO/L/A: SUMBER, JNYSTROM; CI: MSAINT VICTOR, 
CLAMORA; CA/FPP: DKENDRICK 
NEW DELHI PLEASE PASS TO DHS/USCIS 
 
E.O. 12958: DECL: 02/09/2017 
TAGS: CVIS CASC KFRD KOCI NP
SUBJECT: NEPAL: FRANCE AND GERMANY AGREE TO PUSH FOR 
ADOPTION REFORM 
 
REF: KATHMANDU 0212 
 
Classified By: Ambassador James F. Moriarty.  Reasons 1.4 (b/d). 
 
Summary 
------- 
 
¶1. (C) On February 8, Ambassador Moriarty, French Ambassador 
Jolivet and German Ambassador Ring agreed that on-going 
concerns with international adoptions in Nepal required a 
joint push for reform.  The meeting followed the Government 
of France's decision to suspend all individual adoptions from 
Nepal (reftel). 
 
France: Adoption Needs Reform 
----------------------------- 
 
¶2. (C) On February 8, Ambassador Moriarty, French Ambassador 
Michel Jolivet and German Ambassador Franz Ring met to 
address on-going concerns regarding international adoptions 
in Nepal.  The meeting followed the Government of France's 
(GOF's) decision to suspend all individual adoptions from 
Nepal (reftel). Jolivet expressed concern over the Government 
of Nepal's (GON's) limited regulation of adoptions, 
fraudulent documents submitted in adoption cases, lack of 
control over French adoptive parents and a general 
deterioration of the adoption process in Nepal.  He commented 
that he was a strong supporter of international adoptions, 
but that the situation in Nepal remained problematic.  (Note: 
Jolivet adopted one of his own children from Cambodia.  End 
Note).  Jolivet was concerned by a lack of uniformity in fees 
paid by adoptive parents, proceeds which were allegedly 
pocketed by orphanage directors and GON officials.  The 
number of adoptions processed for French families had 
multiplied from only 40 in 2005 to over 150 in 2006.  Jolivet 
also lamented that there was a lack of GON control and 
oversight.  He cited the Ministry of Women, Children and 
Social Welfare's (WCS's) inability to maintain a list of the 
orphanages currently allowed by the GON to process 
international adoption cases. 
 
French Case Examples 
-------------------- 
 
¶3. (C) Jolivet expressed shock over some of the adoption 
cases that had been presented to the GOF over the past year. 
In one case, adoptive parents were matched with a child 
certified as an orphan by the GON and paid several thousand 
Euros to the local orphanage.  The child's biological parents 
subsequently came forward and demanded the return of their 
child.  The orphanage refused to return the child to the 
biological parents until the Nepal Police intervened.  In 
another case, French parents sent the orphanage several 
thousand Euros for the care of the child, including fees for 
a private nanny, but when they arrived in Nepal six months 
later to finalize the adoption they discovered that the money 
was gone and the two year old child weighed ten pounds. 
 
Germany: Agreement 
------------------ 
 
¶4. (C) Ambassador Ring stated that Germany had ended all 
individual adoptions in 2002.  He added that Germany sees 
many of the same problems in their adoption cases from Nepal. 
 Until recently there were only two German adoption agencies 
processing international adoptions in Nepal.  The largest of 
the agencies which processed approximately 50 adoptions last 
year, was suspended by Germany in 2006.  The remaining agency 
processed an average of only ten cases each year.  Ring 
agreed that the GON needed to reform its adoption procedures. 
 
 
KATHMANDU 00000342  002 OF 002 
 
 
 
French Delegation To Visit Nepal 
-------------------------------- 
 
¶5. (C) Jolivet reported that the GOF was developing a new 
system to allow French adoptions to resume in Nepal.  The 
first step was a fact-finding trip by French adoption 
authorities the week of February 12.  The GOF would then 
review the findings and select a sole French adoption agency 
to process Nepali adoptions.  The French agency, in 
consultation with the GOF, would then select a sole local 
Nepali orphanage.  Jolivet confirmed that the GOF decision of 
January 31 had resulted in a complete stoppage of all French 
adoptions pending the establishment of the new system. 
(Note: Under the old French system in Nepal, parents were 
allowed to adopt individually -- without the use of a French 
agency.  End note.)  Jolivet confirmed that the GOF had 
already black-listed two orphanages in Nepal, Bal Mandir and 
Children's Home, because of concerns over specific cases and 
their general practices. 
 
Next Joint Steps 
---------------- 
 
¶6. (C) Ambassador Moriarty agreed with Jolivet's and Ring's 
concerns about adoption issues in Nepal, particularly related 
to possible human trafficking.  Adoptions were also, however, 
a win/win situation for adopting parents and orphan children 
from Nepal, the Ambassador noted.  He suggested that the 
international community push for reform of Nepali adoption 
law based on a UNICEF draft proposal submitted to the GON 
last summer.  Jolivet stated that he intended to encourage 
European Union (EU) member states Italy and Spain to end 
individual adoptions from Nepal.  (Note: Italy and Spain 
process around 250 adoption cases each per year.  End Note.) 
Ring added that the EU consular group had been discussing 
their adoption concerns in Nepal, and had begun working on a 
joint statement to present at a GON-organized adoption 
conference in March.  The three Ambassadors agreed to try to 
use the impending conference as an opportunity to push the 
GON toward meaningful reform. 
 
Comment 
------- 
 
¶7. (C) Embassy Kathmandu sees many of the same problems 
identified by the French and Germans in the adoptions cases 
we process.  The planned adoption conference in March 
provides an opportunity for the international community to 
address our concerns with the GON as a unified front.  The 
Embassy is coordinating a letter with European missions to 
urge the GON toward meaningful reform before the start of the 
adoption conference. 
MORIARTY