David M. Smolin

Much of Smolin's academic work regards international adoption, child trafficking and child laundering. Two articles gaining attention are available for download at bepress legal repository.

On June 24, 2009 Smolin appeared in an interview with Al Jazeera on the subject of stolen babies from Guatemala, (see Human trafficking; Child laundering)[9] after both the US Department of Justice and the Bureau of Consular Affairs at the US State Department declined to be interviewed and declined to comment on the subject.[9] Smolin referred to his own situation involving his stolen adopted daughters and said that there is no easy solution to child laundering because it is usually successful and is too often the perfect crime.[9] He went on to say that the Office of Children's Issues at the State Department should immediately facilitate DNA testing of the children and mothers who claim their children were stolen. He said adoptive parents should attempt to acquire DNA testing of their adoptive children so that they can form partnerships with the birth family.[9]

Smolin has said that celebrity adoptions highlight the problems with intercountry adoption.[11] While not being expressly opposed to celebrity adoption or international adoption, Smolin believes in the need for an implementation of the subsidiarity principle as it relates to international adoption because the huge amount of money channelled into adopting a child pales in comparison to the relatively small amount of money that could, in many circumstances, be used to reunite broken families and improve conditions within the child's culture and country of origin.[21] He states the need to:

Reform international adoption by putting a priority on keeping children in their original family and within their community.[22]

Smolin also believes that without a safe adoption system, comparatively wealthy families seeking to adopt children from impoverished nations are in a position to exploit that poverty, and where $20–30,000 may be spent to adopt a child, several hundred dollars may be all that is needed to reunite a child with that child's family and substantially improve conditions within the child's community. In general he believes that one major problem with international adoption is that the adoptions system is corrupted by far too much money and that there are no real consequences for violating adoption regulations.[21]

On June 16, 2009 Smolin debated Jane Aronson on the topic of celebrity adoptions for CBC Radio. Both showed appreciation for one another with Smolin stating he admired Aronson's work in helping orphanages and improving international communities which are the sources for adoptive children, and Aronson stating "I'm glad to be on the program with you David because you're a smart and warm human being."

Aronson stated the issue is poverty and that there is no social services network to provide for the families. Smolin's views are, in part, stated above.

On April 15, 2005 Smolin, with the cooperation of Cumberland School of Law, hosted a Symposium on International adoption. The purpose was to "take advantage of the gathered expertise to explore the question of how international adoption can be reformed to ensure respect for the rights and dignity of birth families, children and adoptive families [the adoption triad].".[23]

Richard Cross, a senior special agent for Immigration and Customs Enforcement [ICE] assigned to the ICE Human Trafficking Unit in Seattle, Washington, spoke at the event. His entire lecture and audio file from the lecture are available for download on Cumberland's website.[24]

Richard Cross, the lead federal investigator for the prosecution of Lauryn Galindo for visa fraud and money laundering involved in Cambodian adoptions, estimated that most of the 800 adoptions Galindo facilitated were fraudulent--either based on fraudulent paperwork, coerced/induced/recruited relinquishments, babies bought, identities of the children switched, etc.[25]

Smolin and his wife launched Adopting Internationally website, a website meant to provide information regarding "the complex issues associated with international adoption." The site includes personal stories and academic analysis.[26]

The site is also based, in part, on the Smolin's personal experience in the field of international adoption, and the Smolins are unabashedly dedicated to reforming intercountry adoption "so that it may consistently and reliably assist all members of the adoption triad (birth families, adoptees, and adoptive families)."

Smolin heads Cumberland Law School's Center for Biotechnology, Law, and Ethics, a center unlike any other of its kind in the United States.[27] Research focuses on contemporary bioethical dilemmas and issues related to the Center's Annual Symposium, which is typically co-sponsored by the Cumberland Law Review.

The Center has attracted numerous experts including ethicist Gregory Pence, atmospheric scientist John Christy, and U.S. Congressman Artur Davis. Each year the Cumberland Law Review typically publishes an issue featuring articles by visiting speakers.

Smolin is a human rights advocate but approaches the international movement with concerns, which can be summed up in the conclusion to his paper Will International Human Rights Be Used as a Tool of Cultural Genocide? The Interaction of Human Rights Norms, Religion, Culture, and Gender published by the Journal of Law and Religion.

Smolin's basic view regarding the scope of the international movement is that not all worthy human causes deserve to be labeled or acted upon as a right. He believes that doing so could erode or destroy the most basic human rights if the international movement gained enough power to enact all of its goals.

• BA Applied Psychology, New College of Florida 1980
• JD University of Cincinnati College of Law 1986 (1st in class)
• Clerk Senior Judge George Edwards, U.S. Court of Appeals for the Sixth Circuit, 1986–87
• Fellow of the Southern Center for Law and Ethics

Smolin was born in New York City, USA. His mother was the playwright Pauline Smolin, and his father was Michael Smolin, an environmental and process engineer. His brother Lee Smolin is a theoretical physicist.

His wife is Desiree Smolin. They have eight children, two of whom were adopted from India in 1998.

The first article won Cumberland Law School's first annual Lightfoot award for most significant scholarly paper published during the preceding year and is consistently listed in the 10 Most Popular Articles in the bepress Legal Series:[28]

• Child Laundering: How the Intercountry Adoption System Legitimizes and Incentivizes the Practices of Buying, Trafficking, Kidnapping, and Stealing Children, also published by the Wayne Law Review.
• Unpublished: Child Laundering As Exploitation: Applying Anti-Trafficking Norms to Intercountry Adoption Under the Coming Hague Regime
• The Two Faces of Intercountry Adoption: The Significance of the Indian Adoption Scandals, Seton Hall Law Review; and
• Intercountry Adoption as Child Trafficking, Valparaiso Law Review .