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Five B.C. families stuck in Japan with adopted babies by 'bureaucratic nightmare'

VANCOUVER — Five B.C. families adopting children in Japan are caught in limbo after the Canadian government put a pause on issuing visas for their new children as it tries to figure out whether Japanese rules have changed.
Wiyani Prayetno and Ryan Hoag
Wiyani Prayetno and her husband Ryan Hoag are awaiting a visa for their newly adopted daughter before they can return to Coquitlam.

VANCOUVER — Five B.C. families adopting children in Japan are caught in limbo after the Canadian government put a pause on issuing visas for their new children as it tries to figure out whether Japanese rules have changed.

The couples had each received a letter of approval for the adoption from the B.C. government before leaving for Japan. After getting that letter, the Canadian visa for the child usually only takes a few weeks.

Three families have been stuck waiting in Tokyo for more than two months, while two other couples have been waiting for six weeks — a debacle that has caused the new parents serious financial and emotional strain.

The reason for the delay, Ottawa says, is an update on the U.S. State Department’s website on May 15 that says the Japanese government recently informed the U.S. that all inter-country adoptions must be authorized by Japanese courts under Japanese law. Ottawa asked Japan on June 7 whether that rule applies to Canadians.

“The way these families did this is the way its been done in probably 200 other cases in the last 10 years in Japan,” said Alex Stojicevic, the Vancouver-based lawyer representing the families.

A spokesperson for the federal Immigration Department also confirmed that seeking Japanese court approval has not been part of the process for Canadian families. The official said the adoption processes cannot be completed until the issue is clarified with Japanese authorities.

For Ryan Hoag and Wiyani Prayetno, a couple from Coquitlam, it was an instant attachment when they first met their 10-week-old adopted daughter.

“I instantly fell in love with her. You feel happy, warm and excited. She’s a beautiful baby,” said Hoag. “She’s engaging with her mother, and giggles when we sing and dance with her.”

But Hoag was forced to return to B.C. to work in early June, after being in Tokyo for more than a month. Now separated from his wife and child, Hoag calls the situation a “bureaucratic nightmare.”

“It’s a horrific situation,” Hoag said. “She’s been put in a situation worse than a single parent. She doesn’t have any friends or family to support her. And it’s just dragging on and on.”

The families have all been staying at the same hotel. Three spouses have had to return to B.C. for work and to meet family obligations. Some of them have resorted to second mortgages and lines of credit to pay for the additional costs.

Hoag and his wife have already paid about $10,000. Each day costs the couple an additional $500 for the hotel and food, plus buying baby equipment they already have in B.C.

Lee Fodi and Marcie Nestman
Lee Fodi and Marcie Nestman have been stuck in Tokyo for two months awaiting a visa for their newly adopted baby boy. The parents have requested the baby’s face be blurred out. - Via PNG

For Lee Fodi and Marcie Nestman from Vancouver, who spoke using Skype from Tokyo, the difficulties have been similar.

“We already live in one of the most expensive cities in the world in Vancouver and now we’re setting up home in another expensive city in the world,” said Lee Fodi.

The lack of information from Canadian authorities has caused anxiety for the parents, some of whom are in Japan on a 90-day travellers visa.

“We’re just left in limbo not knowing how long,” Nestman said. “We were confident that our visa was going to come right away.”

Stojicevic said that Canadian adoption law, specifically in B.C., is very different from American law.

“B.C. doesn’t have a requirement of severing the (biological) parent and child relationship at the time of a transfer of custody. It can happen later. The United States requires that at a federal level for immigration purposes,” he said.

Concerned with time, Stojicevic said he sought multiple legal opinions himself, which he passed on to the federal government. He said one report, by a law professor who is a former Japanese judge, states that Japan does not require its family courts to approve adoptions by British Columbians.

“Our hearts go out to the prospective parents, who have travelled to Japan to adopt children,” said a spokesperson for the Immigration department. “We understand and sympathize with their very difficult situation, however IRCC must respect its obligations under international and Canadian laws.”

But each day that passes Hoag says it’s valuable time lost where the families could be starting the next chapter of their lives.

“What’s lost in the mess is that there are five Canadian families that have spent months or years taking courses and training for this. To be faced with this is such an unfortunate situation, and really something that nobody should have to face.”