Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2607, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to prevent the adoption of a child of a Marshallese citizen within the State without prior written approval of the appropriate court of the Republic of the Marshall Islands.

Testimony in support of this measure was submitted by the Department of Human Services; Healthy Mothers, Healthy Babies; Kaiser Permanente; Small Island Networks; and two private citizens. Testimony in opposition to this measure was submitted by a private citizen. Comments on the measure were also submitted by a private citizen.

Your Committee finds that, pursuant to a Healthy Mothers, Healthy Babies survey conducted in 2002, it was revealed that private adoption agencies were bringing Marshallese women to Hawaii during the late stages of their pregnancies so that their babies could be adopted domestically. Your Committee is concerned as to whether these women were making informed decisions to permanently give up their children for adoption, particularly in light of difficulties presented as a result of cultural and language barriers.

Your Committee further finds that in 2002, the Republic of the Marshall Islands established the Central Adoption Authority to oversee the adoption of all resident children of the Marshall Islands. The law acts to preserve local cultural traditions regarding adoption and to protect against the coerced adoption of Marshallese children by foreigners. Your Committee determines that in recognition of the policy determinations of the Marshall Islands, as well as the disconcerting practice of taking these Marshallese children away from their families and culture, deference should be given to the courts of the Marshall Islands to exercise their authority in this area.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2607, S.D. 1, and recommends that it pass Third Reading.