US embassy cable - 05BUCHAREST8

UNCLAS        BUCHAREST 00008 
 
SIPDIS 
Lasers: 
    ACTION: CON 
    INFO:   PD POL AMB RAO RSO DCM 
CXBCH: 
    ACTION: CON 
    INFO:   PD POL AMB RAO RSO DCM 
lpnet01: 
    INFO:   AMB 
 
DISSEMINATION: CONS 
CHARGE: PROG 
 
APPROVED: AMB:JDCROUCH 
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CLEARED: DCM:TDELARE, POL:RGILCHRIST 
 
VZCZCBMI714 
PP RUEHC RUEHFR RUEHBS RUEHMD RUEHRO 
DE RUEHBM #0008/01 0031546 
ZNR UUUUU ZZH 
P 031546Z JAN 05 
FM AMEMBASSY BUCHAREST 
TO RUEHC/SECSTATE WASHDC PRIORITY 9987 
INFO RUEHFR/AMEMBASSY PARIS 0144 
RUEHBS/USEU BRUSSELS 
RUEHMD/AMEMBASSY MADRID 1580 
RUEHRO/AMEMBASSY ROME 0672 
 
UNCLAS SECTION 01 OF 02 BUCHAREST 000008 
 
SIPDIS 
 
FOR CA/OCS/CI-MICHELLE BERNIER-TOTH, EUR/NCE-BILL SILKWORTH 
 
E.O. 12958:  N/A 
TAGS: CASC, CVIS, PINR, RO, EU, adoption 
SUBJECT: ADOPTIONS 
 
 
SUMMARY 
------- 
1. On December 30, Consul General paid a final call on 
Gabriela Coman, outgoing Secretary of State at the National 
Authority for Child Protection and Adoptions (NACPA). Coman 
reported her discussions with the European Commission 
regarding a proposed commission on Romanian-origin 
international adoptions.  There has been little movement on 
the issue and it will depend on the new Romanian government 
whether the concept moves forward. 
 
2. Coman explained the reorganization of Romania's adoption 
and child welfare agencies under the new adoption law that 
takes effect on January 1.  As of that date, all domestic 
and international adoptions will be handled by the new 
Romanian Office for Adoptions (Oficiu Roman pentru Adoptii) 
in the General Secretariat of the Government.  The new law 
will not/not increase the likelihood that children formerly 
identified for inter-country adoption would be reassigned 
for domestic adoption, Coman said. 
END SUMMARY. 
 
COMAN LEAVES OFFICE 
------------------- 
3. On December 30, Consul General paid a final call on 
Gabriela Coman, Secretary of State for the National 
Authority for Child Protection and Adoptions (NACPA). Coman 
was a political appointee under the previous government, and 
will depart office the week of January 3.  As an outgoing 
official she could not speak with authority regarding the 
plans and intentions of the new government, but she provided 
useful details on discussions regarding a proposed 
commission to review international adoptions pending here, 
and on the reorganization of Romania's adoption and child 
welfare agencies. 
 
IMPACT OF NEW LAW ON MATCHES WITH U.S. FAMILIES 
--------------------------------------------- -- 
4. CG conveyed to Coman concerns, expressed by U.S. families 
with pending adoption cases, that after January 1 the new 
law virtually banning inter-country adoptions will prompt 
the GOR to revoke the matches it had made between those 
families and specific Romanian orphans and abandoned 
children, directing them instead towards domestic adoption. 
CG cited a recent report from the Greek Embassy here that 
this had happened in the case of a Greek couple seeking to 
adopt a Romanian child.  Coman said that there would be no 
change due to the new law. She explained that it has always 
been explicit that a Romanian court could, up to the last 
minute, direct domestic adoption for a child who previously 
had been matched for international adoption. Of the 
approximately one thousand cases of inter-country adoption 
out of Romania processed in the last four years, she said, 
this had happened in fifteen cases, of which one was 
American. 
 
PROPOSED INTERNATIONAL COMMISSION ON ADOPTIONS FROM ROMANIA 
--------------------------------------------- -------------- 
5. Coman reported there had been little progress towards 
establishment of an international commission to consider the 
disposition of pending applications by foreigners to adopt 
Romanian children, since former Prime Minister Nastase and 
French PM Raffarin proposed the commission October 18. 
Coman said she discussed the concept with European 
Commission officials in Brussels November 28-29, at the time 
the European Union (EU) voted to accept the EU Rapporteur's 
report on Romanian accession to the EU.  Those discussions 
were in accordance with PM Nastase's statement on October 18 
that any commission would have to be established in 
consultation with the EU. Coman highlighted the fact that 
the EU approved the Rapporteur's report including an 
amendment by Spain that endorsed the establishment of such a 
commission. 
 
6. In her EC discussions, Coman reported, nothing was set in 
place but various options were considered, including 
possible involvement in the commission of EU experts who had 
advised Romania on the drafting of the June law virtually 
banning international adoptions. It was left open whether 
the commission would be limited to setting parameters for 
which types of cases could be considered for processing to 
conclusion, or would be authorized to have access to and 
make decisions on individual cases. Coman favored the former 
model, but said the new Secretary of State of the ROA would 
have to pick which approach to recommend. 
 
REORGANIZATION 
-------------- 
7. Coman explained that, in compliance with the new law on 
adoptions passed in June 2004, as of January 1, 2005 NACPA 
will be divided into two entities. This organizational 
change will not, in itself, change policy on the processing 
of adoptions.  The Romanian Office of Adoptions (ROA) will 
be created within the General Secretariat of the Government 
and be responsible for all domestic and international 
adoption issues.  The National Authority for Protection of 
Children's Rights (NAPCR) will be within the Ministry of 
Labor, Social Solidarity and Family, as was the NACPA, and 
be responsible for general child welfare. 
 
8. The Romanian Committee for Adoption will cease operation 
on January 1.  At the local level, the Child Protection 
Departments are being combined with the Social Assistance 
Service into General Directorates for Child Protection and 
Social Assistance. 
 
THE NEW ROMANIAN OFFICE FOR ADOPTIONS 
------------------------------------- 
9. Establishing and launching the work of the ROA should 
take several weeks, Coman predicted.  Between January 1-10, 
the new Secretary General of the Government, Mihai VOIBU, is 
expected to name a Secretary of State to run the ROA.  So 
far, no location has been identified for the ROA.  Selection 
of staff will await the selection of the Secretary of State, 
who may choose some staff from among those at NACPA, or not. 
Physical files for adoptions will move from NACPA to the 
ROA's eventual facility. ROA may work out of NACPA for an 
initial period. Its budget will come from the General 
Secretariat of the Government. Coman predicted the ROA would 
 
SIPDIS 
enjoy greater autonomy than had the NACPA, by virtue of 
being out from under a Ministry and by being 
bureaucratically closer to the Prime Minister's office. 
 
BIOGRAPHICAL INFORMATION 
------------------------ 
10. Coman said she does not yet know what her next job will 
be. She expressed hope and concern that any interruptions in 
government services due to the long process of electing and 
changing the government would not have a negative impact on 
social service clients. 
 
11. Coman said the new General Secretary of the Government, 
Mihai VOIBU, was a young man not known to have a background 
on adoptions or social welfare issues, but rather was an 
official of the National Liberal Party (PNL). 
 
CROUCH