CRARYVILLE — A local family stuck in a bureaucratic limbo over the adoption of their 5-year-old Latvian relative has finally seen some movement in their case.
“I’m going to bring her home...It’s almost real,” said Ilze Earner. She and her husband Laurence, who are part-time residents of Craryville, have been trying for two years to adopt Kristina, Ilze Earner’s cousin from the European country of Latvia, one of the Baltic republics.
Kristina had been abandoned by her parents and was living with her grandmother. Kristina’s mother was pregnant at 17 and had emotional and substance abuse issues.
Two years ago Kristina’s grandmother froze to death, leaving Kristina to become a ward of the state.
When Ilze and her husband heard about the girl’s plight they decided to adopt her.
“There were no other relatives there in a position to take her in,” said Ilze Earner.
On the eve of the adoption’s finalization in Latvia, the couple was told that because of new regulations on inter-country adoptions they would have to begin the process again.
The Hague Convention on Inter-country Adoption, involving over 70 countries, established new guidelines for adoption. It entered into force for the United States on April 1.
According to Ilze Earner the regulations between the United States and Latvia were still being finalized.
The couple made the trip to Latvia’s capitol, Riga, with their 10-year-old daughter, Maize, and Ilze’s elderly mother. When they arrived and went to the American embassy, they were given the bad news.
“They told us we had to start over...I was speechless,” said Ilze Earner.
The Earners were told they would have to go back to the United States without Kristina. Laurence returned home, while the rest remained behind to wait it out.
Ilze was finally forced to leave Kristina in Latvia June 29 in order to deal with legal issues stateside.
“I had to leave. Laurence couldn’t get all the paperwork done by himself,” she said.
The Earners made arrangements to have Kristina stay with a family in Latvia until Ilze Earner could get back to pick her up.
“This has been the most traumatizing thing I’ve ever gone through,” she said.
During this time Ilze Earner said she received a phone call from the federal Department of Homeland Security.
“He just knew I was trafficking in children,” said an angered Ilze Earner about the agent she spoke with. “Are you kidding me? Just Google me. Look at my life’s work.”
She is a renowned child welfare advocate, who teaches at Hunter College in New York City and specializes in immigrant children’s issues.
Homeland Security wanted her to provide an affidavit from Kristina’s mother stating that Ilze Earner hadn’t paid her to give birth to Kristina.
Ilze Earner said she had sent a total of $300 to her Latvian relatives for birthday and Christmas gifts.
When her lawyer found out what happened he was angry. “It was a reality check...I thought OK, I’m not crazy,’” she said.
A New York City law firm, Fried, Frank, Harris, Shriver & Jacobson, took up the case for the family. “They took our case pro bono,” said Ilze Earner. “They were appalled by what has been done.”
After the law firm took the case the Homeland Security request for an affidavit “evaporated,” Ilze Earner remembered.
The Latvian court was set to finalize the adoption July 23, the last day of court until September, but couldn’t because of delays on the American end.
The Latvian judge postponed the final day and held a special session in order to hear the case.
At the hearing the judge read a statement into the record that still brings chills to Ilze Earner. “In honor of this day [St. Kristina’s Day] we are giving Kristina her gift, the gift of a family,” Ilze Earner quoted. Kristina is now the Earner’s child.
Ilze Earner has made arrangements to fly back to Latvia later this month to take Kristina home.
Thousands of dollars and months later the process is not done yet. “ We still have to get a visa for her,” said Ilze Earner. “We’re dedicated — and broke.”
She remains angry at the bureaucratic system that has continued to keep her from Kristina.
“This is a relative child who is an orphan. This should not have happened,” said Ilze Earner. “There will be a book about this.”