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ADOPTION AND INTER-COUNTRY ADOPTIONS....................................................................1 ....................................................................1
1.1. Adoption..............................................................................................................1 1.2. Inter Country Adoption.....................................................................................1 2. ADOPTION LAWS IN DIFFERENT ARENA............................................................................4 ............................................................................4 2.1. China..................................................................................................................5 2.2. South Korea......................................................................................................6 2.3. LGBT Adoptions.................................................................................................7 3. INDIAN LEGISLATIONS ON INTER-COUNTRY ADOPTIONS.....................................................9 .....................................................9 3.1. THE LANDMARK CASE OF IN RE: RASIKLAL CHHAGANLAL METHA..............................9 3.2. CASE OF LAXMI KANT PANDEY V. UNION OF INDIA.....................................................10 3.3. Other Significant Cases....................................................................................12 4. CENTRAL ADOPTION RESOURCE AUTHORITY (CARA)...................................................14 (CARA)...................................................14 4.1. Procedure for adoption from India by NRIS/OCIS/ PIOS/Foreighners.....17 Step I (Registration for NRI/OCI/PIO/Foreign PAPs)..........................................17 Step II (Home Study and Other requirements).......................................................18 Step III (Advance NOC to PAPs by CARA)............................................................19 Step IV (Matching, Referral, Consent and confirmation of adoption proposal). .20 Step V (Issue of No Objection Certificate to Child by CARA)...............................21 Step VI (Filing of Petition in the Court).................................................................21 Step VII (Passport and Visa)...................................................................................22 Step VIII (Child travels to adoptive country)..........................................................22 5. STATUTES GOVERNING INTER-STATE ADOPTION IN INDIA...................................................23 ...................................................23 6. 5.1. Juvenile Justice (Care and Protection of Children) Act, 2006.....................24 GUIDELINES PROVIDED BY UN......................................................................................27 UN......................................................................................27
The Inter-Country Adoptions - Indian Perspective
6.1. The Hague Convention and the ratification on inter-country adoption by the Government of India on 6th June, 2003...............................................................27 6.2. The Conventions on the Rights of the Child (CRC)......................................28 CONCLUSION........................................................................................................................30 ........................................................................................................................30 Submitted to: Submitted from: BIBLIOGRAPHY.................................................................................................................XXXVI Ms. Gagan Preet Abhiwadya Sood (470) Bibliography Arnab Naskar (459) Mohinder Pratap Libra (469) Vishu Agrawal (450)
 RESEARCH METHODOLOGY When it comes to methodology which is to be used, various kinds of research methodologies are put in our research project. We have used non-empirical research to accomplish this project with possible wisdom. We have used explanatory and descriptive research in concept of Judiciary, theoretical analysis and recent happenings. So, it is very hard for us to give the precise name of any one research methodology which we are using for the instant project.
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The gratification and elation on the completion of this project will be incomplete without mentioning all the people who helped to make it possible, whose guidance and encouragement was valuable to us. We express our sincere and heartiest thanks to Ms. Gagan Preet who has been a constant source of inspiration to us in completing the project to its rightful path. We are immensely indebted to for her inspiring guidance and kind suggestion in carrying out the project. We specially thank our parents who gave us a chance to study in this esteemed university, a paradise for legal edification and all who supported, us directly or indirectly, for successful completion of the project work. Last, but not the least; we thank our institution, Rajiv Gandhi National University of Law, for giving us the opportunity for developing the project.
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CHAPTER I 1. ADOPTION AND INTER-COUNTRY ADOPTIONS
1.1.Adoption The practice of adoption can be crudely defined as ‘the admission of a stranger by birth to the privileges of a child by a legally recognized form of affiliation’. 1 It means accepting a child as a biologically born child of our own. This is a remedy for the childless couple to have a child of their own. It is an act of establishing a person as parent to one who is not in fact or in law his child. 2 It taking of stranger into the family and considering and treating him, in all respects, as if, by birth that child belonged to that family; or it is the adoptive parent acting towards the child as if that child were their own. In this project we will discuss about adoption, a complex phenomenon, intimately knitted into its family law frame work and shaped by the pressures affecting the family in its local social context. Once the adoption is complete, all rights obligations and control of the natural born family ceases to exists over the child, while new rights comes into existence as far as adoptive family is concerned. The status of the natural parents becomes nothing but that of a third party, with respect to the child who has been adopted
___ and moreover, the parents who have adopted the child or the adoptive parents take over
the responsibilities of the child. It is one of the means of solving the problem of destitute ___ and orphans. 3
___ ___ ___ 1.2.Inter Country Adoption ___ ___ ___ If we talk about Inter Country adoptions or International adoption, it is a type ___ ___ of adoption in which an individual or couple becomes the legal and permanent parents of ___ 1 Raghunath Behera v. Balaram Behera And Anr. AIR 1996 Ori 38. ___ ___ 2 Adoption, <http://www.britannica.com/EBchecked/topic/6298/adoption> last accessed on November 7, ___ 2010 at 7:22 IST. ___ 3 Adoption inter-country, <http://www.legalservicesindia.com/articles/adopt.htm> last accessed ___ on ___ November 7, 2010 at 7:22 IST. ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _
Res.6 Second. U.A.. while other countries expressly forbid it. Page No. which have become a significant focus of international law. 44/25. G.4 The laws of different countries vary in their willingness to allow international adoptions.L. ___ ___ 7 Convention on Rights of the Child. An exhaustive scope of international law applicable to inter country adoption is beyond the scope of this Article. No. a child that is a national of a different country. 35:403. First.html> last accessed on November 2. 1448 ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ . such as China and Korea. ___ ___ 5 <http://uai-news. requires residency except in special cases.5 Inter-country adoption is an increasingly common form of family formation. two ___ 7 treaties will be reviewed: the Convention on the Rights of the Child (CRC) and ___ the ___ ___ ___ Hague Convention on Protection of Children and Co-operation in Respect of Inter ___ ___ ___ ___ 4 <http://en. David M. Supp. However.blogspot. because inter country adoption involves the immigration of persons from one nation to another. Inter country adoption as a humanitarian matter implicates human rights issues. ___ 2010 at 7:32 IST.com/2010/01/malawi-as-example-for-haiti. 28 I.M. The Two Faces of Inter country Adoption: The Significance of the Indian Adoption ___ Scandals. Some countries.wikipedia. Vol. Malawi. 406. for instance.44th Sess. ___ Doc. Inter-country adoption can be defined as adoption of a child by a person of another country.org/wiki/International_adoption> last accessed on November 3. Inter-Country adoption may be more viable choice than domestic adoption for many families especially those who want to adopt a healthy infant. ___ ___ 6 Smolin. 2010 at 13:22 IST. notably many African nations. In general. have relatively well-established rules and procedures for international adoptions. Some countries. have extended residency requirements for adoptive parents that in effect rule out most international adoptions. prospective adoptive parents must meet the legal adoptions requirements of their country of residence and those of the country whose nationality the child holds. it raises core national sovereignty issues with international law significance. GAOR. at 167. 49. A/44/49 (1989).N. Inter country adoption is a subject of international law in several senses.N. Seton Hall Law Review.. U.
M. which we will be dealing in the later part of our project work. 32 I.8 The CRC is probably the most relevant human rights convention applicable to inter country adoption. 1993. ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ HAPTER ___ ___ 8 Hague Convention on Protection of Children and Co-operation in Respect of Inter country Adoption. The details regarding this will be discussed in Chapter VI. ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ C II .L. country Adoption (Hague Convention). ___ May 29. 1134.
Muslims. 2010. Jaipur. ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ . Korea are most suitable for international adoptions. ___ ___ 10 Ibid. i. Article 1 (2). These laws are worth ___ ___ analysing. ___ ___ Now. Nonetheless. ___ ___ 11 The Guardians and Wards Act. on the other hand. in the absence of common code it is the subject matter of personal laws.org/wiki/International_adoption> last assessed on 10 ___ November 2010 at 16:32 IST. As adoption is legal affiliation of a child. coming back to the topic. There ___ ___ are many countries where LGBT adoptions are illegal. The Institution has changed over a period of time in its form.10 In India. even today. ___ ___ 12 International adoption <http://en. Earlier a childless couple would adopt and take care of and bring up a child either of immediate or distant family member. in some well ___ ___ ___ 9 Gagan Preet. 1890. 17.wikipedia. the practise of adopting an unrelated child is still in its infancy in India. Pg. Paradise Publishers. The other unique law which needs special attention is LGBT adoptions. The Hindu and Roman legal systems are probably among the only ancient systems of law which recognises adoption. the adoption laws of China ___ ___ 12 and S. it is not a part of uniform civil code but part of personal laws and this institution is available only to Hindus.11 Adoption is permitted by legislations amongst Hindus and by customs amongst a few communities. 1890. purposes and objects because it is natural that as human though progresses.9 Institution of adoption is prevalent today in one form or other in almost all legal systems barring a few systems such as Islamic countries. Hindu Adoption-A journey from Past to Present.. 1. ADOPTION LAWS IN DIFFERENT ARENA India is a legally pluralistic state. Parsis and Christians do not recognise adoption laws and have to approach court under The Guardians and Wards Act. It is a land of diverse cultures. where people are free to practice and profess their own religion by virtue of constitutional mandate provided under Article 25.e. intercountry adoptions. the concept and organisation and social Institutions also advance and refined.
The Seventh National People's Congress of the People's Republic of China originally established the Current Adoption Law of China on December 29. ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ adoptions. 1999. In 2008. the same sex couples faces lots of problem in adoptions. We had tried to cover up these topics in brief.c-c-c. infants to 6 years of age. 1992). in several ways relevant to foreign adopters. 1998. ___ ___ <http://www. Changes Broaden Opportunity For China's Abandoned Children To Be Adopted. codified. we could hardly find any precise law prevailing in China.S. The only thing of importance which could retrieve is the amendments in intercountry adoption policies of China.com/> last assessed on 10 November 2010 at 16:30 IST. Cecere. citizens adopted approximately 3.14 On November 4. citizens have elected to adopt since the year 2000. 1991 (effective April 1. China The China adoption program is one of the most reliable and stable. < http://china. Older and special needs children are also available.S. and adoptions of nonrelated children still living with their ___ birth families or guardians. The adoption law applies across the board to all adoptions in the PRC. These laws are applicable for both domestic and inter country ___ ___ ___ ___ The most significant change for foreign adopters in China's adoption law is that it allows ___ ___ another exception to the adopter-must-be-childless requirement. abandoned. Children available for adoption are mostly girls.org/> last assessed on 10 November 2010 ___ at 16:32 IST. Whatsoever may be the laws. ___ ___ 14 Chinese Cultural Centre of San Francisco.adoption. adoptions of blood relatives and step-children. Previously.1. effective April 1. These children reside in orphanages.909 children from China.15 . and handicapped children in social welfare institutions. the Ninth National People's Congress amended this law. U. it includes adoptions of orphaned. and China is the country from which most U. ___ ___ 15 Laura A. the only ___ ___ ___ 13China Adoption.com/amendlaw.13 Due to lack of transparency or say lack of freedom of speech in China. < http://www. 2.htm> last assessed on 10 November 2010 at 16:32 ___ IST.chinaconnectiononline.
S.18 2. the provision of adoption is only for hetero married couples.2. ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ group homes.com/news.___ In ___ Korea. 1991.South Korea The South Korea adoption program is the oldest organized international adoption program operating in the U. Children available for adoption include boys and girls. ___ ___ ___ 19 Adoptive Families. ages 6 months and older.19 . has been orphaned.org/wiki/International_adoption>last assessed on ___ 10 ___ November 2010 at 16:32 IST. which are considered as the best in the world. U. but no upper limit. exceptions to this requirement were if the family adopted a child whose parents are deceased or a child who has a special need.wikipedia. The law has been amended to add another exception: abandoned children "whose parents cannot be ascertained or found (and who are) under the care of social welfare institutions." Thus. the Korean Laws are stricter than China’s.17 There is also a provision of which qualifies children available for adoption: only children under age 14 who have been orphaned (parents deceased) or abandoned or whose parents are unable to raise them due to unusual difficulties. or has been abandoned and is in the care of a social welfare institute. adopters are still required to be childless to adopt a healthy child. < http://www.adoptivefamilies. No person in China below the age of 30 could adopt a child.065 children from South Korea. citizens adopted approximately 1. <http://en. These children reside in foster care and ___ ___ ___ As far as the resources could be analysed.S. Article 8. ___ ___ 17 Ibid ___ ___ 18 International Adoption. There is no provision ___ ___ ___ 16 Current Adoption Law of China.16 China also has a fixed age for adoption. healthy and special needs. In 2008. unless that child has a special need.php> last assessed on 10 November 2010 ___ at 11:21 IST. These are some of the unique features of China’s Adoption policies.
many children await ___ ___ placement with permanent families.21 Meanwhile. families with lesbian and gay parents remain controversial ___ in courtrooms. There should not be more than 4 children of less than 18 years living in the home. Pg. 164. But not more than 2 marriages are allowed. and in the media. of adoption for homosexuals and LGBT community members. <http://www. 2010. The adopting couple must be married for at least 3 years. if we talk about the minimum age of adoption. Some bring children with them from previous relationships or some couples impregnate through artificial insemination. Charlotte J. Farr.com/Korea-A.dillonadopt. legislatures. 2. Even they don’t believe in adoption by singles as they have o legal provision for it. Others are finding adoption to be their preferred method of bringing a child into their family. There is also a specification on the length of marriage. Many gay and lesbian people are choosing to become parents. Patterson. Although substantial research has ___ ___ ___ ___ demonstrated that children of lesbian and gay parents develop in ways that are similar to ___ ___ those of heterosexual parents. Applicants must not exceed the weight limit for their height at the time of application and applicants with a history of any kind of depression or mental illness must be stable for five (5) years with or without medication20.LGBT Adoptions Adoption by same-sex couples is prohibited by a majority of countries. ___ ___ ___ 20Dillon International. Now. Stephen L. but this is an area of active debate and a growing number of jurisdictions are allowing it. Forssell.3. ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ . The age difference of the husband and wife should not be more than 10 years. Two of the most amazing laws are couples may not be more than 30% overweight. Even the second married couple must also have to be married for at least 3 years.htm> last assessed on 10 November 2010 at ___ 14:23 IST. Parenting and Child Development in ___ Adoptive Families: Does Parental Sexual Orientation Matter?. Should the sexual orientation of prospective adoptive parents be considered when ___ placing children in adoptive homes? The adoption of minor children by lesbian and gay ___ ___ adults has been a topic of considerable debate. only a couple of age between 25 and 42 could go for adoption. ___ ___ 21 Rachel H.
Unfortunately. For example. for example. heterosexual couples do not. since gay couples are allowed to adopt as couples in their home state. Their plan is to bring the baby back to their home state and adopt her there. and even though their state has no problem with their adoption. one partner would adopt ___ the ___ ___ child as a single parent and the other would pretend to be a roommate or friend. <http://adoption. Here's an example: “A gay couple wants to adopt a newborn.” ___ ___ ___ In the past. They are chosen by a birth mother in a state that doesn't allow lesbian or gay couples to adopt jointly. Many states do not allow adoptions by any unmarried couples. remain a patchwork quilt when it comes to lesbians and gay men adopting. Adoption laws in the United States. which automatically preclude same-sex couples from adopting in those states. Oklahoma. and that state's law expressly prohibits ___ 22 ___ ___ ___ adoption by couples of the same gender. Nebraska.htm> last assessed___ on ___ 10 November 2010 at 4:32 IST. Gay couples looking to adopt face a number of challenges that married. and not in the state where the child was born. gay couples have had to be secretive in adopting a child due to certain ___ prejudices that existed against homosexuality. ___ ___ ___ ___ 22 Gay Adoption Issues.about. Mississippi. They fly to that state to be present at the birth and to help welcome their new daughter into the world. they are unable to adopt as a couple because the Interstate Compact on the Placement of Children (ICPC) requires the state in which their daughter was ___ born to approve the adoption. ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ . Utah and Virginia – have enacted laws that specifically bar gay individuals or couples from adopting. once they return home they discover that even though they have the birth mother's full consent. and a few states – including Florida. the birth mother tearfully presents the baby to them with her blessings and their promise to send her photos and keep her memory alive forever.com/od/gaylesbian/a/gayadoptissues.
INDIAN LEGISLATIONS ON INTER-COUNTRY ADOPTIONS In this chapter we will deal about the Indian perspective relating to the inter-country adoption. It enables a parent-child relationship to be established between persons not biologically related.THE LANDMARK CASE OF IN RE: RASIKLAL CHHAGANLAL METHA . 1982 Gujarat 193. CHAPTER III 1. Inter-state adoption is definitely a major legal perspective. ___ ___ ___ 23 In the case of In Re: Rasiklal Chhaganlal Metha the question of inter-country ___ ___ adoption was first debated.Where both the father and mother are dead or have ___ completely and finally renounced the world or have abandoned the child or have been declared by a court of competent jurisdiction to be of unsound mind or where the parentage of the child is not known. but in the United States it is dependent upon each individual state. In country like India where adoption is a century old tradition for Hindus. Adoption is a beautiful means to enhance the lives of children and parents alike.R.24 The sections says that the adoptive parents must fulfil the requirements of law___ of ___ adoptions in their country and must have the requisite permission to adopt from ___ the ___ 23 A.Persons capable of giving in adoption . It is defined as a process by which people take children not born to them and raises them as a member of their family. Currently in Canada a gay couple can legally marry and they are allowed to adopt. 1956 should be legally ___ valid. a permanent family for a child.I. Here is a sample of countries and states where same sex adoption s legal and where it is prohibited. ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ 3. ___ ___ 24 Sec-9(4) . Its a way to secure a right of every child to a caring family environment . whereby the Court held that inter-country adoptions ___ ___ under Sec 9(4) of the Hindu Adoptions and Maintenance Act. ___ the guardian of the child may give the child in adoption with the previous permission of the court to ___ any ___ person including the guardian himself.1.
Pg. UNION OF INDIA .R. ___ Union of India. Allahabad. 2003. A. ___ ___ Annexure A) for the benefit of the Ministry of Welfare. 26 The Indian Council of Social Welfare has pointed out that inter-country adoption is not a simple matter. However. The Indian Council of Social Welfare has. 469. Vyas. The end result of the process will be that adoption would not be mere legalistic in approach but the creation of an environment in which the child can grow with the same nationality.D. 768. Laxmi Kant Pandey v.G. Premier Publishing Co. Hindu Law. ___ ___ 26 Ibid. Adv. 1982 Gujarat 193. intercountry adoptions are filling the gap.25 The Indian Council of Social Welfare has defined an inter-country adoption as one in which “the adopters and the child do not have the same nationality as well as one in which the habitual residence of the adopters and the child is in different countries”. since there are more children in need of homes than there are parents forthcoming. Therefore. appropriate authority thereby ensuring that the child would not suffer in immigration and obtaining nationality in the adoptive parents’ country.. 1984 S. The ___ ___ main objective.28 had framed the guidelines governing inter-country adoptions (Ref.CASE OF LAXMI KANT PANDEY V. ___ 27 Amicus Curiae and D.I. the Indian Council of Social Welfare has recommended that in the interests of the child it is necessary to regulate inter-country adoption by legislations and by strict collaboration between qualified and au theorized personal and social authorities.I. therefore. They involve a variety of principles and procedures over migration. as held by the Court was to prevent trafficking of children and to protect ___ ___ ___ 25 A.2. and the acceptance of the child in a different community and culture. also focused attention to this matter specially to ensure that the child's interest is secured in cases of such adoptions.27 ___ ___ ___ The Supreme Court of India in a public interest litigation petition. citizenship. Government of India. in the case of In ___ Re: ___ Rasiklal Chhaganlal Metha.R. the socio-economic situation of adoptive parents. ___ ___ 28 A. ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ 3. matching parents with the child.Gupte.C. for the Indian Council of Social Welfare.
it may become necessary to give the child in adoption___ to ___ foreign parents rather than allow the child to grow up in an orphanage or an institution ___ ___ where it will have no family life and no love and affection of parents and quite often. entertaining an application on behalf of a foreigner seeking to be appointed guardian of a child with a view to eventual adoption.I. it might have to lead the life of a ___ ___ ___ 29 Laxmi Kant Pandey v. 1984 S. However. Union of India30. should not insist on the foreigner making a deposit by way of security for due performance of the obligations undertaken by him. have opined that “We would. in ___ the socioeconomic conditions prevailing in the country. Union of India.29 Justice Bhagwati while giving its second supplemental judgment in the Laxmi Kant Pandey’s v. the apex court in the judgment of the instant case had also pointed out that in ordinary circumstances the court. the home study report and other connected ___ documents prepared by the recognized placement agency should be regarded ___ as ___ sufficient. The court has also observed that it is at that point of time that the execution of a bond would ordinarily be sufficient. the welfare of adopted children so that the evils of the inter-country adoption can be prevented to a certain extent.C. Furthermore.If it was not possible to find suitable adoptive parents ___ for ___ the child within the country.R. 469. direct that in case of a foreigner who has been living in India for one year or more. the court may pass an exceptional order requiring him or her to make such deposit. in certain cases. the home-study report and other connected documents may be allowed to be prepared by the recognised placement agency which is processing the application of such foreigner for guardianship of a child with a view to its eventual adoption and that in such a case the Court should not insist on sponsoring of such foreigner by a social or child welfare agency based in the country to which such foreigner belongs nor should a home-study report in respect of such foreigner be required to be obtained from any such foreign social or child welfare agency. therefore.” ___ ___ ___ ___ The Court further held that . ___ ___ 30 Ibid ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ . A.
33 162(2009) DLT 605. Geeta Menon v. 34 2006(1) Hindu Law Reporter 122. 32 2010 CriLJ 883. half-hungry and suffering from malnutrition and illness. Craig Allen Coates S/o Mr. PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER . State of Rajasthan34 had held that the above guidelines would not be applicable where the child is living with his or her biological ___ parent(s) and who have agreed that he or she is to be given in adoption to a foreign ___ couple known to them. State through Indian Council for Child Welfare and Welfare Home for Children33 whereby the Court held that where the adoptive parents fail to establish clearly the motive for adopting a child from another country. Roger Marvin Coates and Ms. Smt. The court in such cases has to deal with the application ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ _ ___ half clad.I. the apex court in Anokha v.Other Significant Cases Recently. Rekha Arora Adoption Officer Welfare Home for Children v. 1982 Gujarat 193.3. Cynthia Ann Coates W/o Mr.32 had held that it is essential for all the adoption to carefully scrutinize all the adoption documents along with taking down the relevant permissions from the biological parents before going for an inter-country adoption. 3. destitute. Children. A German National represented by her Constituted Attorney. A. The Director General of Police and Ors. Craig Allen Coates through Mrs. then the adoption process would be barred and be declared as malafide and that CARA (details regarding CARA will be discussed later) should ensure more stricter guidelines in this regard.31 Thus foreign adoption was held to be consistent with India’s National Policy on 31 Re: Rasiklal Chhaganlal Metha. However. the Delhi Court in Maria Chaya Schupp.R. A similar view was held in the case of Mr.
e. 2010 at 9:45 ___ IST. ___ ___ 37 2006(1) Hindu Law Reporter 122. the Supreme Court in St. <http://wcd. States of Andhra Pradesh 37. and finally that the arrangement would be in the best interest of the child.htm> last accessed on Nov 6. the court may make an order accordingly. i. or ___ ___ (b) declaring a person to be such a guardian. that the adoption is not induced by any extraneous reasons such as the receipt of money etc.” ___ ___ ___ ___ ___ ___ ___ ___ 35 7. under section 735 of the Guardian and Wards Act 189036 and dispose of the same after being satisfied that the child is being given in adoption voluntarily with the parents being aware of the implications of adoption.in/gawaact. However. or both. Theresa’s Tender Loving Care Home and others v. had dissented with the adoption procedures by observing that – “While making the requisite and prescribed exercise it has to be kept in mind that the child is a precious gift and merely because he or she for various reasons is abandoned by the parents that cannot be a reason for further neglect by the society. that the adoptive parents have produced evidence in support of their suitability.nic. Power of the court to make order as to guardianship ___ ___ (1) Where the court is satisfied that it is for the welfare of a minor that an order should be made___ (a) appointing a guardian of his person or property. ___ ___ 36 Guardian and Wards Act 1890. ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ . that the child would legally belong to the adoptive parents’ family.
Pursuant to a decision of the Union Cabinet dated 2 July 1998.adoptionindia. Its mandate is to find a loving and caring family for every orphan/destitute/surrendered child in the country. 2010 at 7:22 IST.nic. The Central Adoption Resource Authority (CARA) was initially set up in 1990 under the aegis of the Ministry of Welfare in pursuance of Cabinet decision dated 9 May 1990. 39 . < http://www. The Ministry of Women & Child Development has of late been mandated to look after ___ the subject matters ‘Adoption’ and ‘Juvenile Justice (Care & Protection of Children) Act.nic. the then Ministry of Social Justice and Empowerment conferred the autonomous status on CARA with effect from 18 March 1999 by registering it as a Society under the Societies Registration Act. It was designated as Central Authority by the Ministry of Social Justice and Empowerment on 17 July 2003 for the implementation of the Hague Convention on ___ Protection of Children & Cooperation in respect of Inter-country Adoption (1993). 1860.in/adoptionfromindia.htm> ___ last ___ accessed on Nov 6. ___ 39 Guidelines for Adoption from India.38 The goal is to find a family for as many orphan children as ___ ___ ___ ___ 38 About Central Adoption Resource Authority. <http://www. CHAPTER IV 1. 2010 at 10:12 IST. Government of India.in/about_us. ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ ___ ___ Rights and Hague Convention on Inter-country Adoption (both ratified by India). ___ 2000’ pursuant to 16 February 2006 notification of Government of India regarding ___ ___ possible and to safeguard their interests as visualized in the UN Convention on Child ___ ___ reallocation of the Business.htm> last ___ ___ accessed on Nov 7.adoptionindia. CENTRAL ADOPTION RESOURCE AUTHORITY (CARA) The Central Adoption Resource Authority (CARA) is an Autonomous Body under the Ministry of Women and Child Development.
The ten adoption agencies that come under its umbrella are: ___ • SOS Children's Villages of India ___ ___ ___ ___ • Holy Cross Social Service Centre ___ • Missionaries of Charity ___ ___ • Church of North India ___ ___ ___ 40 A. 2010 at 19:22 IST. ___ ___ 42 Adoption in India: the legal angle.40 These Guidelines have been amended and updated from time to time keeping in mind the welfare of such child. on the recommendations of ___ the ___ Supreme Court.I. its principal aim is to promote incountry adoption. While CARA is engaged in clearing inter-country adoption of Indian children. CVARA was formed in 1984. In fact. <http://www. 1984 S. 469. These Guidelines are a follow up of various directions given by the Supreme Court of India in Laxmi Kant Pandey v. CARA also provides financial assistance to various NGOs and Government run Homes to promote quality child care to such children and place them in domestic adoption. CARA ensures that no Indian child is given for inter-country adoption without him/her having been considered by Indian families residing in India. In-country Adoption of Indian children is governed by In-country Guidelines-2004 while Inter-country Adoption procedure is governed by a set of Guidelines last issued on 14 February 2006 (CARA guidelines).mothersspace. The agency should be recognised by CARA. ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ .C.41 While CARA is the nodal body set up at the governmental level. and other local bodies in other states. The CARA Guidelines requires that every application from a foreigner wishing to adopt a child must be sponsored by a social or child welfare agency recognised or licensed by the government of the country in which the foreigner is resident.R.in/getting-pregnant/adoption/adoption-in___ india-the-legal-angle/35> last accessed on Nov 7. ___ ___ 41 Supra note 38. Union of India. the actual functioning of individual adoption agencies is monitored by Voluntary Coordinating Agencies (VCA) like the Coordinating Voluntary Adoption Resource Agency (CVARA) in Delhi.42 The local VCA in Delhi.
he might. • • • • • • Welfare Home for Children Delhi Council for Child Welfare Matri Chhaya Children of the World Right to Life Society Asharan orphanage Prof. the possibility of profiteering and trafficking in children. where the application for adopting a child has ___ not ___ been sponsored by a social or child welfare agency in the country of the foreigner. it will help to reduce. Das observed the importance of CARA guidelines in a precise manner in his book that – “Firstly. 14th edition. if not eliminate altogether. in such a case.N. transcultural and trans-national problems likely to arise from such adoption. be induced or persuaded to pay any unconscionable or unreasonable amount which might be demanded by the agency or individual procuring the child. . M. there ___ ___ would be no authority or agency in the country of the foreigner who could be made ___ ___ responsible for supervising the progress of the child and ensuring that the child___ is ___ adopted at the earliest in accordance with law and grows up in an atmosphere of warmth ___ ___ and affection with moral and material security assured to it. it would be almost impossible for the court to satisfy itself that the foreigner who wishes to take the child in adoption would be suitable as a parent for the child and whether he would be able to provide a stable and secured family life to the child and would be able to handle trans-racial. Secondly. there ___ ___ ___ ___ Thirdly. because if a foreigner were allowed to contact directly agencies or individuals in India for the purpose of obtaining a child in adoption. in his anxiety to secure a child for adoption. pg 80–81. Eastern Law House: India. 1995. because. ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ would be no proper and satisfactory home study report on which the court can rely. where the application of a foreigner for taking a child___ in ___ adoption is made directly without the intervention of social or child welfare agency.”43 ___ ___ 43 Guardians and Wards Act.
icsw. ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ 4. It shall publish once a year a list of RIPAs in leading national and vernaculars newspapers. CARA shall send this list once a year to the High Courts in the country for circulation to the District Courts.K. < http://www. < http://www.nic.1. 2010 at 7:22 IST. ___ ___ 45 Child Adoption Policies in india. RIPAs shall function as accredited bodies as per the Hague Convention of 1993. The procedure will be followed as under and termed as “Adoption proceedings under the Hague Convention”. New Delhi are contact points for adoption information/application ___ form/checklist of documents.45 ___ ___ • All PAPs may register with the nearest Enlisted Foreign Adoption Agencies ___ ___ (EFAA) and Central Authority/Government Department dealing with adoption ___ ___ matters. (Ref. it has now been decided to receive all applications from all prospective NRI/OCI/PIO/Foreign adoptive parents directly from Central Authority/Government Department or EFAA at CARA. Union of India and guidelines issued by various High Courts in the country and India ratifying Hague Convention on Inter-country Country Adoption in the year 2003.adoptionindia. 2010 at 7:22 IST.doc>last accessed on Nov 7.org/doc/A%20S%20Shenoy%20Paper%20Child ___ %20Adoption%203%2007. Annexure B) 4.Procedure for adoption from India by NRIS/OCIS/ PIOS/Foreighners In the light of Supreme Court directions in L.1. Nearest Indian Diplomatic Mission or Central Adoption Resource ___ ___ Agency.in/adoptionfromindia.1. ___ ___ ___ ___ 44 Guidelines for Adoption from India.44 It will recognize/accredit Indian Placement Agencies for Inter-country Adoption (RIPA).htm> last ___ ___ accessed on Nov 7.Step I (Registration for NRI/OCI/PIO/Foreign PAPs) .Pandey v. CARA will approve/authorize and maintain a list of all Enlisted Foreign Adoption Agencies EFAAs) who can forward applications of foreign prospective adoptive parents including NRIs (Non Resident Indians) to it for approval.
The adoption application should contain all documents prescribed in. Deptt. then the applications may be sent by the EFAA with requisite documents including documentary proof that the applicant is permitted to adopt from India. in which they are resident.nic. Deptt. 2010 at 4:54 ___ IST.1. NRI and OCI parents residing in Middle East are exempted from such permission as adoption is not recognized in such countries. If the documents are in any language other than English. The signature of the notary is either to be attested by ___ the ___ Indian Embassy/High Commission or the appropriate Govt. • The applicants should obtain the permission of the competent authority for adopting a child from India. Where such Central Authorities or Government departments are not available. then ___ ___ the originals must be accompanied by attested translations (see apostle ___ convention).php?act=text. in which they are resident.in/guide_inter_country_chap4. 2010 at 4:54 IST. ___ <http://www. ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ . in their country.display&tid=37> last accessed on ___ Nov 7.46 • The applicants will have to contact or register with an Enlisted Foreign Adoption Agency (EFAA)/Central Authority/Govt.Step II (Home Study and Other requirements) • A home study report of the prospective adoptive parents will be prepared based on the standard Guidelines by the professional social worker of the EFAA or Central Authority/Government Department dealing with adoption matters.nl/index_en.1. in their country. However.e-vision. 4. ___ ___ 47 Apostle convention. Department of ___ the ___ ___ ___ receiving country. • The applicants will have to contact or register with an Enlisted Foreign Adoption Agency (EFAA)/Central Authority/Govt.adoptionindia. <http://hcch.htm> last accessed on Nov 7. All documents ___ are to be notarized.47 ___ ___ ___ ___ 46 Procedure for Inter-country adoption.
CARA shall make entry into the central registry and approve the same.1.1. or region of origin within India. Initial approval given by CARA to the PAPs will no way ___ guarantee referral from India nor it will be obligatory on the part of CARA___ to ___ ___ ___ ___ ___ ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ • . On receiving dossaire. ___ otherwise. On receiving complete dossier. 4. sex. it will communicate ___ the ___ EFAA/CA/Government Department to send the original proposal to the particular ___ ___ RIPA for arranging a suitable match if already indicated on the application. a case file will be opened at CARA and it will advise the PAPs through their sponsoring agency whether additional documents are required. In addition. ___ ___ Once CARA approves the application. each application should indicate any preferences the prospective adoptive parents might have about the child’s age. physical/medical condition. CARA shall suggest the name of alternate SAA (RIPA) to send ___ its ___ original dossier where children are available for inter-country adoption to respond ___ ___ to such applications. • Each application should include all the required documents along with authentications and translations in English if required so.Step III (Advance NOC to PAPs by CARA) • EFAA/CA/concerned Government Department of the receiving country has to submit copies of the adoption applications (not original) directly to the CARA for consideration. • Applications may also be forwarded through concerned CA/Government Department.
___ ___ 48Draft Guidelines on Adoption.’ • Once the matching information has been received and discussed by the adoption ___ agency with the PAPs. ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ . matching and referral to PAPs in each case. < http://csa. This document is commonly called a ‘referral. At this stage. match a child. the sponsoring agency shall transmit___ its ___ original copy to RIPA and photocopy/scanning copy to CARA.48 4. 2010 at 4:54 IST. the child. on the other hand. ___ ___ ___ • On acceptance of the child by the PAPs. Department as the case may be as required under regulations of Hague Convention. ___ ___ ___ the child can not be entrusted to PAPs as a result of this initial visits to/meetings ___ ___ ___ with.org.doc> last accessed on Nov 7. CARA shall ___ maintain an online updating system to enable PAPs to see their status ___ of ___ ___ applications. the SAA (RIPA) shall make every effort to match a child according to the choice given by the PAPs and accordingly it shall forward the sponsoring agency a copy of the CSR and PER of the child along with a letter of introduction about the child. Referral. Consent and confirmation of adoption proposal) • SAA (RIPA) shall be responsible for placement decision. • On receiving information about CARA’s initial approval and further original dossier of the PAP. RIPA need not transmit matching information to prospective adopters directly. the PAPs then may visit the child in India.1.in/DRAFT%20GUIDELINES%20ON ___ %20ADOPTION.1.Step IV (Matching. Any referral depends upon availability of children for inter-country adoption. it will transmit such information to the EFAA/CA/Govt.
SARA Clearance from the State and CSR/PER ___ initially from SAA and later their acceptance through the sponsoring agency. Copy of any communication between SAA (RIPA) and foreign agency/authority shall be endorsed to CARA and it will endorse copy of relevant communication to the sponsoring agency or RIPA as the case may be. ___ ___ SARA.1. PAPs may approach CARA through their EFAA/CA/Government Department and CARA in such cases shall assist the SAAs to expeditiously send referrals to PAPs. the PAPs may be advised by the EFAA/CA/Government Department to withdraw their application for adoption from India. CA. • If prospective adoptive parents are declined to accept referral in consecutive 3 times. • PAPs are advised to visit the proposed child if they so desire after referral. For such children.1. 4. EFAA. SAA (RIPA) requires a response on a referral within 4 weeks of sending a referral to a family. ___ ___ ___ ___ NOC (No Objection Certificate) issued by CARA conveys that CARA has ___ no ___ objection to the adoption proposal and a copy of it shall be mailed to RIPA. in such case.Step V (Issue of No Objection Certificate to Child by CARA) ___ ___ CARA shall expeditiously issue NOC at this stage since it has already received ___ ___ HSR from the sponsoring agency. ___ ___ ___ ___ Once the PAPs have received they may proceed to obtain a Court Order in India ___ ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ • • • . • CARA shall maintain a list of special needs children on its website which will be updated from time to time for the benefit of PAPs and children.
the child might acquire automatic ___ citizenship/nationality and enjoy more safeguards. • On receiving the Court Order. The competent court may dispose the case as early as possible in the first hearing itself or within a maximum period of 2 months and issue an appropriate order for the placement of the child with the PAP and allow the PAP to take out of the country.Step VII (Passport and Visa) PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER .Step VI (Filing of Petition in the Court) • On receipt of the NOC from CARA. which have been certified under ___ Article 23. Through such process. The Hague Convention requires all States that have signed the Convention to recognize adoptions. 4.1.1. the RIPA shall file a petition for adoption in the competent court as far as possible within 15 days if the court is not closed.1. abandoned or surrendered) can be allowed to travel outside the country without this valid document. RIPA shall immediately transmit a copy of it to CARA and SARA following which CARA will issue a certificate under Article 23 of the Hague Convention. ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ _ ___ 4. • No SAA can file an application in the competent court for inter-country adoption without a “No Objection Certificate” from CARA and no child(orphan.1.
1. • SAA (RIPA) has to apply in the Regional Passport Office for obtaining an Indian Passport in favour of the child. ___ ___ Article 44 of the Constitution declares that: ___ ___ “The State shall endeavor to secure for the citizens a Uniform Civil Code ___ ___ throughout the territory of India. . By doing so. ___ Only Hindus were allowed to legally adopt the children and the other communities could ___ ___ ___ ___ The religion-specific nature of adoption laws was a very retrograde step.Step VIII (Child travels to adoptive country) • The adoptive parent/parents will have to come to India and accompany the child back to their country. 4. It reinforced ___ practices that were unjust to children and hindered the formation of a Uniform Civil ___ ___ Code. CHAPTER V 1. Thereafter the VISA entry permit may be issued by the Consulate/Embassy/High Commission of the concerned country for the child. Escorting a child by the RIPA is not permitted. The concerned Regional Passport Officer may issue the Passport within 10 days. they get to know more information about the baby’s food habits and attitudes from the child care staff of the adoption agency.1. STATUTES GOVERNING INTER-STATE ADOPTION IN INDIA Adoption as a legal concept was available only among the members of the Hindu ___ community except where custom permits such adoption for any section of the polity.” ___ ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ ___ ___ only act as legal guardians of the children. they get a chance to mingle with the baby before making final departure. They are required to spend at least one week with the child.
it will ensure that in cases of orphan. The National Adoption Bill. 2000. The history of attempt to bring in the concept of secular adoption into our system of laws narrates a sad tale of inaction and action without conviction on the part of the legislature.nic. all these went in vain on account of a number of reasons.50This Act focuses on child ___ legislation and guarantees rights to an adopted child as recognized under international ___ ___ ___ ___ ___ ___ ___ 49 Sec. 5. 2 (d) of the Juvenile Justice (Care and Protection of Children) Act. has yet to enter the statute books.in/childprot/jjact2000.1. ___ ___ 50 Rule 33 (5) of the Central Rules under the Juvenile Justice (Care & Protection of Children) Act. 1980. ___ city civil courts. was opposed by the Bombay Zoroastrian Jashan Committee. tabled twice in Parliament in the seventies. family court and other appropriate courts as defined under the State ___ ___ ___ ___ Juvenile Justice Rules and framed based on the above Act. The Adoption of Children Bill. which formed a special committee to exempt Parsis from the bill. ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ ___ obligations by all Hague member countries. The Adoption of Children Bill. 1972 was not approved as the Muslims opposed it. 2000 available ___ at <http://wcd.pdf > last accessed on 15 Sep 2010 at 9:45 IST. Thus.Juvenile Justice (Care and Protection of Children) Act. 2006 The Juvenile Justice (Care and Protection of Children) Act. Thus all such adoptable children who falls under the category of children in need of ___ care and protection49 shall be processed under this specific legislation by district courts. The history of all such efforts does not bring credit to the secular credentials of the Indian polity. 2006 has been enacted for the benefit of all the children as well as parents irrespective of their religion. Over the years several attempts were made to formulate a general secular law on adoption. The attempts of Parliament in this direction did not bear fruit. . aiming to provide for an enabling law of adoption applicable to all communities other than the Muslim community. caste and gender.
Orphan. 2000. should ensure that these children are declared free for adoption by the Committee (Child Welfare Committee) and such cases shall be referred to the adoption agency of that ___ district for their placement in adoption The guidelines issued by the CARA and notified by the Central Govt. abandoned or surrendered children can be adopted for their rehabilitation through such mechanism as may be prescribed. 2000 the expression “Committee” means a ___ Child Welfare Committee constituted U/s 29 of the Act. U/s 41(3) of the Act.” The Children’s Homes and institutions run by the State Govt.2 (f) of the Juvenile Justice Act. ___ ___ abandoned and surrendered children. procedure ___ ___ 51 Section 41 of the Act. it is necessary to explain what Child Welfare Committee is? ___ ___ ___ ___ ___ As per Sec. CWC shall determine legal status of all orphans. or voluntary organizations for children in need of care and protection who are orphan. shall apply for all matters relating___ to adoption. But the Court should be satisfied with the investigation having carried out which are required for giving such children in adoption. abandoned ___ ___ or surrendered free for adoption. abandoned and surrendered children which will have to be processed under the Act so that isolated children have adequate safeguards in their placement.51 Sec./Central Adoption Resource Authority and notified by the Central Govt. The Committee has the sole ___ ___ authority to declare the child in need of care and protection who are orphan. Such children may be given in adoption by a Court in keeping with the provisions of several guidelines regarding adoption issued by the State Govt. ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ . Sec. 29 of the Juvenile Justice ___ ___ Act. 2000 provides for the Child Welfare Committee.41 of Juvenile Justice Act. 2000 read with Rule 33(1) of Central Rules expresses the following aspects of adoption: "The primary aim of adoption is to provide a child who can’t be cared for by his biological parents with a permanent substitute family. abandoned or surrendered. Functions and powers of the Committee. The family of a child has the primary responsibility to provide him care and protection. Now.
___ which should be considered seriously for the purpose of preventing child abuse and ___ ___ trafficking.legalserviceindia. in relation to the Committee. procedure related to orphan and abandoned children and procedure related to surrendered children shall be governed as laid down in the Juvenile Justice Amendment Act 2006 and its Rules. It can’t be denied that it is a secular legislation only under which any person can adopt a child of orphan. the expression “Court” has not been specifically defined for the purpose of ___ adoption under this Act as a result of unwarranted mistakes/misconception arises ___ ___ ___ ___ Thirdly.com/article/l327-Adoption-under___ Juvenile-Justice-Act. This is an essential factor for adoption. < http://www. procedure for inquiry. It is more children oriented unlike other legislations. .html> last accessed on 20 October 2010 at 23:44 IST. production of child before committee. the Act is silent about the criteria for age difference between the adoptee and ___ ___ adoptive parents in case they are of opposite sex. but it does not specify whether the consent of the other spouse is required to be obtained by the adopting spouse in case adoption by a married couple. ___ ___ ___ ___ ___ ___ ___ 52 Adoption Under juvenile Justice Act. Firstly this Act stipulates adoption by any person irrespective of his/her marital status.52 The enactment of the Juvenile Justice (Care and Protection of Children) Act. Secondly. abandoned and surrendered children by people irrespective of their religious status. 2000 and its subsequent amendment in 2006 is definitely a significant effort of the legislature towards recognition of adoption of orphan. But it may be mentioned at the same time that some more factors need to be considered specifically by the legislature. ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ frequently in filing the application for adoption by the adoptive parents. This might create misconceptions among the Hindus as in Hindu Laws (HAMA) taking consent of the wife by her husband is an essential criteria for adoption. abandoned and surrendered child irrespective of his/her religion.
Article 24 of the Indian Constitution provides for the right ___ ___ against exploitation of the children below 14 years whereas Article 45 of the Directive ___ Principles of the State Policy in the Indian Constitution envisages for free and ___ ___ compulsory education of children. India has ratified ___ the ___ convention on the Rights of Child and the Hague Convention on inter. CHAPTER VI ___ ___ ___ Under the Indian Constitution. ___ ___ ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ 1.country adoption ___ ___ of children. We should never forget the thrust of the National Policy for the Welfare of Children (1974) that “The Nation's children are a supremely important asset. At the International level. GUIDELINES PROVIDED BY UN . it is necessary to specify them for the interest of the children. All these facts are obviously applicable to all religions and therefore. ___ In the current chapter we will discuss about the international guidelines regarding ___ the ___ ___ inter-state adoptions. Their nurture and solicitude are our responsibility”.
18 and 19 of the Hague Convention. 2003 Due to the increase in international adoptions.allbusiness. Its main objectives is to improve intercountry adoption along with providing child welfare solutions which is dependent both on an adequate legal framework and adoption professionals who can centre the interests of the child. ___ ___ 55 Article 15 .com/government/3493265-1. ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ .hcch." (i. all of these have ___ fundamentally changed the way adoption is systematized and the relationships created or ___ ___ legalized by adoption.pdf> last accessed on 6 Nov 2010 at 23:44 IST. 5 and 17 of the Hague Convention. specialization within welfare services. ___ ___ ___ 53 Articles 4.55 Adoptions are recognized whether they take place in the state of origin or the receiving state.The Hague Convention and the ratification on inter-country adoption by the Government of India on 6th June. 17. 16. 6.pdf> ___ last accessed on 6 Nov 2010 at 23:44 IST. <http://www.net/upload/conventions/txt33en.html> last accessed on 6 November 2010 at ___ ___ 23:44 IST. These developments have implications for inter-country adoption. the move from institutional to family care for children in need. modern day adoptions have undergone transitions in response to growing ___ professionalism. Since then. when all the legal requirements are met) while the receiving states take the responsibility for the suitability of the applicants and in the event of only where both agree that the adoption should proceed can it be finalized. ___ <http://www. greater diversity in accepted ___ family units.54The states of origin takes the responsibility for ensuring that children are made "adoptable. Together.hcch.1. The Hague Convention had set out a framework for inter-country adoption and provides for its implementation through central authorities. in 1993.net/upload/conventions/txt33en. and major ___ ___ ___ reductions in the number of babies surrendered for adoption.53The Convention relies on cooperation between participating states to safeguard children in the adoption process.e. the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption was signed to create an international framework for arranging and formalizing these adoptions and to prevent its abuses. ___ 54 <http://www.
49.org/media/media_41918. 6. GAOR. Art.A. ___ ___ U. U. 44th Sess. Through Private International Law. Pg. 21(a). GAOR. adheres to the CRC. 44/25.61 and ___ 56 Johan D.N. & POL’Y 535. No. 44/25..html> last accessed on 6 November 2010 at 18:36 IST. 28 I. 3.N.. G. 49. Accreditation of Those Who Arrange Adoptions Under the Hague Convention on ___ ___ Intercountry Adoption as a Means of Protecting.56 The CRC’s objective in this regard is to “recognize that inter-country adoption may be considered as an alternative means of child’s care. UNICEF’S Position on inter-country adoptions available at <http://www. G.The Conventions on the Rights of the Child (CRC) Except the United States. at 167. GAOR. Supp. if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child’s country of origin. Res. 28 I.A. at 167. International Criminal Justice. Res. 778 (2001) ___ 57 Convention on Rights of the Child. “American Exceptionalism: Human Rights. 775. ___ ___ U. art. U. 44/25. Doc. the use of the “best interests of the child”. No. Supp. ___ ___ 60 Convention on Rights of the Child. the CRC specifically prefers in-country foster care over inter-country adoption. 21(b). including India.N. U. Supp. at 167..M.L. use of an “informed consent” standard for relinquishments. A/44/49 (1989).58 This view has also been supported by the United Nation’s Children Fund (UNICEF). HEALTH L.”57 However unlike the Hague Convention. Doc.” 50 EMORY L. 1 ___ 61 Convention on Rights of the Child.unicef. and the provision of counselling “as may be necessary”. A/44/49 (1989). safeguarding of the process in which adults (such as parents) relinquish children for adoption. through a requirement of government approval.. Art. 44th Sess. Pierce. 12 J. ___ ___ U.59 The CRC thus seeks to ensure: 1.J. almost every sovereign nation. 49. at 146. and ___ National Self-Righteousness.2. because they make understandings of good practice amongst adoption agents and legislators. 1448.N. the Rights of ___ Children.A. para. A/44/49 (1989). ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ .N.L.60 2. 44th Sess. No. ___ 58 William L. CONTEMP. van der Vyver.N.M. Doc. Res. along with the fact that it is widely accepted with equivalent standards and practices which should apply to all adoptions. G. 538–40 (1996). ___ ___ 59 UNICEF.
___ ___ U.. the rate of refusal is extremely high without any room for compassion. 3. race or caste.N. Supp. G. there has been an increasing demand for a universal law ___ on ___ adoption which would enable any person who wishes to adopt a child can do ___ so ___ ___ irrespective of his religion. U. Art. 21(d). 44/25. Doc. Government safeguards against improper financial gain in inter-country adoption. With ___ ___ ___ ___ 62 Convention on Rights of the Child.A. A/44/49 (1989). As all the major embassies in India follow ___ rigorous guidelines in dealing with adoption applications in the inter-country adoption ___ ___ mechanism.N. Res. ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ CHAPTER V C . GAOR. 49.62 ___ ___ ___ ONCLUSION ___ For quite a long time. 44th Sess. at 167. No.
In the case of John Clements v. Even after so many disputes. the foreign enlisted agencies overlooked the judgment of the Supreme Court and started directly approaching the adoption agencies in India. the present loophole of law came to light and thereafter the Government ___ ___ of Andhra Pradesh issued the Andhra Pradesh Orphanages and other Charitable Homes ___ ___ ___ ___ 63 AP (2003) 2 Hindu Law Reporter 331 ___ ___ 64 Inter-country adoptions in India. All Concerned63 whereby the Andhra Pradesh High Court observed that “Para 2. ___ ___ ___ ___ Consequently. the amount of formalities as demanded by the authorities. However. As a result.14 of the guidelines envisages that no application by foreigner for taking a child in adoption should be entertained directly by any social child welfare agency in India working in the areas of intercountry adoption or by any institution or centre or Home to which children are committed by the Juvenile Court.docstoc. ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ ___ . who are simply putting their seal of approval without inspecting the records of such adoption which is taking place. the revised guidelines of the Juvenile Justice Act have failed to make a clear standing on this issue regarding inter-country adoptions. < http://www. the childless non-resident Indian and foreign couples face a lot of hassles and hardships. They then take the Indian children in adoption with their involvement and active ___ support of CARA officials.64 Due to this inconsistency in the guidelines. trafficking___ in female children is going on unrestricted in violation of the guidelines given by ___ the Supreme Court.com/docs/18657623/INTER-COUNTRY___ ___ ADOPTION-IN-INDIA> last accessed on 6 November 2010 at 20:43 IST. the very next paragraph says “the original application along with original documents as prescribed by the Supreme Court of India would be forwarded by the foreign enlisted agency to a recognised placement agency in India”.
p.. adopters and children are more likely to be able to share their happy experiences with others. ___ "In Whose Interests?" in P. ed. "A Ghost in My Own Country. Hence. especially in small towns and cities in India. 488 ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ 65 GO Ms No 16. Such children should not be admitted in Homes or “Orphanages” and. (Supervision and Control) Rules. Jardine. it admitted. a uniform but stringent procedure must be developed which can be easily ___ ___ ___ followed and observed in regard to human spirit.2001 ___ adoption and immigration procedures often leave foreign adopting parents in confusion . unwanted girl child will not be permitted. Selman. Where strong links are made between agencies and countries. The agencies in receiving countries need to be conscious of the general living conditions for children in sending countries as well as their culture. dated 18. ___ in this regard.S. number of children. laws and practice.04. both in India and abroad. 2001 ___ ___ 67 J. 2 (1996) pp. are not predominantly acquainted with the ___ interpretation of the inter-country adoption Guidelines as discussed in this article. However. ___ all procedural hurdles along with legal and official procedures are required to be met for a ___ ___ smooth adoption process without any abuse. The core issues lies in the recognition of adoption orders handed down by the designated courts in India through the amended provisions of the Juvenile Justice Act of 2006. Sjoren. This can alleviate the isolation that people adopted outside their country of origin can feel.67 It is a common situation in India that the judges dealing with adoption cases. the license and recognition of Home or Orphanage shall be cancelled or withdrawn.65 It states that “relinquishment” of child by “biological parents” on family grounds of poverty." Adoption and Fostering 20.’66 All adoptions are to be processed by maintaining proper precautions and by compliance of due process of law. agencies in sending countries need to be aware of the conditions in the countries where children are being sent. For the entire adoption process. separate and sophisticated ___ ___ ___ ___ 66 In para 11 (VII) of the Andhra Pradesh Orphanages and other Charitable Homes (Supervision ___ and ___ Control) Rule. 32-35. Similarly. S.
Therefore. ___ ___ Angelina Jolie and Brad Pitt to adopt child number seven. Indian agencies may be transformed from social ___ ___ welfare organizations assisting families and orphans to foreign adoption profiteers ___ ___ scouting the countryside for children. less burdensome and easier to follow. it is required that the entire adoption process and procedures are revamped so that they conform to a uniform pattern (like an Uniform Civil code as provided under Article 44 of the Constitution of India) which will make the process more suitable. 68 A system needs to be created whereby these multiple adoption agencies must be declared free from corruption through bribery and personal connections. over differing interpretations as to the prevailing laws of the home country and the adoption country. which favour the maintenance of the child within the birth family. ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ 69 . or help ___ ___ 68 <http://www.php?article=1543> last accessed on 6 November 2010 at ___ 18:36 IST.uk/news/newstopics/celebritynews/3211078/Angelina-Jolie-and-Brad-Pitt-to-___ ___ adopt-child-number-seven.69 ___ ___ ___ ___ Since foreign money is available. Thus the adoption process in India is tedious and is involved by all sorts of unnecessary legal and social restrictions. like we have the celebrity Angelina Jolie who is in the process___ of adopting another child even after having three biological children of her own and three ___ adopted ones. The paramount importance is the keeping the best interest of the child along with both the letter and spirit of law to be adhered to.co. There must be some legislation in place to prevent couples from going for adoption even after having one or two biological children of their own. The presence of money can subvert the fundamental principles of inter-country adoption. services.in/articles/index. Instead of offering counselling. where feasible.html> last accessed on 6 November 2010 at 18:36 IST. there’s a long waiting list of couples waiting to adopt them. and favour in-country adoptive placement over inter-country adoption.telegraph. incentives to follow the rules may disappear. ___ <http://www. Once it becomes apparent that approvals are based on such personal connections or monetary inducements.allindiareporter. It is an irony that in a country with so many homeless children.
a year’s salary for a middle class Indian. rather than place the child in-country and receive less than $100.Country Adoptions – An Indian Perspective. a world in which we recognize ___ adults in that community as having responsibilities to all its members. ___ ___ ___ 70 Conflict Of Laws In Inter . physically fit.70 This needs to be avoided. ___ ___ ___ 71Ibid. obstacles to in-country adoption will be systematically constructed when proportionately huge amounts of money can be made for foreign placements. agencies will systematically offer money to birth parents to induce relinquishment. It ___ ___ ___ represents the way forward to a world in which we recognize children as citizens of a ___ ___ global community with basic human rights entitlements.in/articles/index. mentally alert and morally healthy endowed with the skills and motivation needed by the society. The nation’s responsibilities are to nurture them as they are the future citizens of the country. who when placed in foreign adoption become an immensely profitable product. as this will serve larger purposes of reducing inequality and increasing social justice. ___ ___ <http://www. It serves the interests ___ of birth parents who care about the children they cannot raise. Similarly. ___ ___ ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ _ . Agencies will thus go into the business of deliberately producing “paper” orphans. It has been seen that the children are a supreme and chief asset to the nation.php?article=1543> last accessed on 6 November 2010 at ___ 3:21 IST. All the Children’s programs should be given a conspicuous part in the national plans for the development of human resources so that children grow up to become robust citizens. Agencies will prefer to place a child out-of country and receive literally thousands of dollars. designed to allow a child to remain within her birth family. It brings new resources ___ ___ ___ into poor sending countries to help improve conditions for the children left behind. It represents the best option for existing orphan children. Those who care about children should act now to preserve and promote international adoption.allindiareporter.71 The aim is to provide equal opportunities for development to all children during the period of growth.
we can divide our conclusion into two schools of thoughts i.pdf last accessed on 12-11-2010 73 A. the traditional and the contemporary.indg. To conclude this research paper. I would like to bring into notice the conclusions drawn up by the national policy of India for welfare of children in India. Child Adoption Policies in India. Under the traditional school.org/.. 1974 available at http://www. we have the modern Public International Law.S. ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ _ ___ ___ 72 National Policy for the Welfare of Children./A%20S %20Shenoy%20Paper%20Child%20Adoption%203%2007.The idea is to protect the abandoned and destitute children and help them to find a family as far as possible and to safeguard their interest as visualized in the UN Convention on child rights and Hague Convention on Inter country adoption ratified by India government. Above all. Shenoy. ___ the countries of the world should coordinate with each other for the betterment of ___ the child who will be the future citizens of their respective countries.. On the other hand under the Contemporary school. The laws should be made uniform for all religious communities and the government agencies which are involved in adoption procedures should work hand in hand for the best interest of the child and also for the adoptive parents. The international community and the laws should also try to pitch in with their efforts in helping the parents going for inter-country adoption in a less complicated way. we have the Uniform Civil Code as provided under Art – 44 of the Indian Constitution along with various other Constitutional and Civil provisions. The Government of India should come up with a model to facilitate inter-country adoptions in a smoother and hassle freeway.73 After going through the plethora of thoughts as discussed in this article.icsw.d> last accessed on 12-11.A Review available at <www. Selfish interests should be removed.2010 PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER .in/primaryeducation/policiesandschemes/national_policy_for_children_1974.e. 72 The ‘Best Interest of the Child’ is the guiding principle behind all adoption laws in India and social awareness programs has helped to change the attitude of society and people towards adoption in India.
.... van der Vyver...html> ___ <http://www./A%20S%20Shenoy%20Paper%20Child%20Adoption ___ %203%2007......in/about_us..e-vision....britannica...htm> < http://www.html> ___ <http://en..........hcch.htm> ___ <http://www...php?act=text...org/doc/A%20S%20Shenoy%20Paper%20Child%20Adoption %203%2007.... < http://www.. 2010.......___ ___ angle/35> ___ <www.......com/2010/01/malawi-as-example-for-haiti....com/news...adoptionindia.com/Korea-A.com/articles/adopt.....com/docs/18657623/INTER-COUNTRY-ADOPTION-ININDIA>..in/about_us... the Rights of Children..... Gagan........ Hindu Adoption-A journey from Past to Present..org/> < http://www......... Pierce.....doc> < http://www..nic.....nic..c-c-c........ 12 J... Books Reffered Gupte..com/> ___ PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ ___ ___ ___ _ .adoptionindia.....com/EBchecked/topic/6298/adoption> ___ <http://www...... Paradise Publishers. and National Self-Righteousness..... Hindu Law.legalservicesindia. International Criminal Justice...htm> ___ <http://www.pdf> ___ <http://www....com/article/l327-Adoption-under-Juvenile-JusticeAct.. Through Private International Law.....org/.......... American Exceptionalism: Human Rights...adoption...adoptivefamilies.legalserviceindia............blogspot... A..........d>..mothersspace........allbusiness....adoptionindia..icsw.....org/wiki/International_adoption> ___ <http://hcch..... Premier Publishing Co.. 538–40 (1996)..G.....dillonadopt.wikipedia..icsw.adoptionindia....docstoc... Internet source cited < http://www...display&tid=37> ___ <http://uai-news...... HEALTH L...com/government/3493265-1... Preet.......nic...htm> < http://www.htm> ___ <http://www.nl/index_en. BIBLIOGRAPHY Other Authorities Johan D.. (2001) William L..... CONTEMP... Allahabad.php> < http://www... 50 EMORY L. 2003.....nic....net/upload/conventions/txt33en...html> ___ <http://www....J....htm> ___ ___ <http://www.. & POL’Y 535...in/guide_inter_country_chap4. Jaipur.in/adoptionfromindia. ___ <http://china.in/getting-pregnant/adoption/adoption-in-india-the-legal.. Accreditation of Those Who Arrange Adoptions Under the Hague Convention on Intercountry Adoption as a Means of Protecting.......
The Two Faces of Inter country Adoption: The Significance of the Indian Adoption Scandals. Vol.. Journals cited Farr. 2010 Smolin. Rachel H. David M.. 35:403 PROJECT SUBMISSION ON PARTIAL FULFILLMENT OF THIRD SEMESTER ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ _ . Parenting and Child Development in Adoptive Families: Does Parental Sexual Orientation Matter?. Seton Hall Law Review.
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