Inter country Adoption- By Gayatri Misra

N. MEHTA

IntroductionInter-country adoption can be defined as adoption of a child by a person of another country. The Hague Convention and Treaty on International Adoption, and numerous countries changing their internal laws and policies, to regulate inter-country adoption practices

HISTORY AND CURRENT TRENDS

The underdeveloped countries of the world have an excess of children for whom they cannot adequately care for and the rich countries have an excess of infertile adults who want to parent.there was virtually no matching of these children with these adults until after the first World War.

G. Misra

G. Misra

different countries made their children available for adoption abroad in response to different political crises and cultural changes.The Korean War led to the opening up of South Korea for adoption.the dissolution of the former U.S.S.R. has resulted in its opening up Chinas overpopulation problems and one-child policy has resulted in the abandonment of many children.The AIDS crisis has resulted in AIDS orphans

Muslim countries subscribe to a religious faith that makes adoption unacceptable.Asian countries tend to value blood-related parenthood even more highly.Romania, after December 1989 has seen exposure to the world of horrible orphanage conditions.

International StandardsIn 1989, the United Nations drafted the Convention on the Rights of Child, in which it laid out several principles according to which children have a right to be treated. (Art 21)

the Hague Convention on the Protection of Children and Cooperation in Respect of Inter country Adoption has 3 goals:-to ensure that inter country adoptions take place in the best interests of the child.to establish a system of cooperation amongst Contracting States to secure the recognition in Contracting States of adoptions .

Requirements for Inter Country AdoptionBoth the parents and the children must meet eligibility requirements of the Immigration.a child must be a true orphan (adoptable orphan) or have a sole surviving parent who is unable to care for him.The cost of adopting a healthy infant or a young child can be relatively expensive.

Child Adoption in India

The Government of India is fully sensitized and committed to the rights and welfare of children. The Constitution of India under Article 24- Chapter on Fundamental Rights provides the right against exploitation of the children below 14 years. Article 45 of the Directive Principles of the State Policy in the Indian Constitution envisages for free and compulsory education of children.

Principles in Adoption and Child Protection [The Juvenile Justice (Care and Protection of Children) Act 2000]Best Interest of the ChildTransparency and Ethical practicesProtection of the Child from all forms of neglect abuse violence and exploitation.

Paradigm Shifts in Adoption (laxmi kant v. uoi)

Needs Based Rights BasedFramework Approach

Parent Child CenteredCenteredChild for a Family for a ChildFamily

STATISTICAL OVERVIEW ofAdoption of Indian ChildrenSOURCE: CARA

Year200620072008200920102011In-Country153615102169185256935964Inter-Country852770821666593589Total228822802990251862866553

N. MEHTA

Implementation of Policy -- Central AgencyGovernment of India under advice of Supreme Court constituted a Central Agency- Central Adoption Resource Agency [CARA] with New Delhi as base to set up guidelines for adoption time to time safeguarding welfare and rights of children while granting adoption or guardianship under Hindu Adoption and Maintenance Act 1956, Guardians and Wards Act 1890 or Juvenile Justice Act of 2000.

Scrutiny AgencyTo safeguard malpractices, Supreme Court of India has appointed an independent NGO with experience in child adoption The Indian Council of Social Welfare. This agency verifies all the relevant documents and authenticity before orders are issued by Judicial Courts for the formal adoption.

Agencies approved for adoptionFor safe guarding interest and welfare of child, India Government has recognized following agencies. 1.Indian Placement Agencies (in various states)2.Foreign Placement Agencies Enlisted (in foreign countries)3.Voluntary coordinating Agency in India (in various states)4.Scrutiny Agencies (in various states)

Implementation of Hague Convention RecommendationsCentral Authority (Art.6)- Central Adoption Recourse Agency (CARA)Child is declared adoptable (legally Free for Adoption) art. 4.a.All authorities/agencies including CARA apply the principle of Best Interest of the Child to an adoption case (as required under art. 4.b. & 16.d.)Adoption is permitted only through recognized placement Agencies (art. 11)

Guidelines for adoptionCARA has issued separate policy guidelines for inter- country and in- country adoptions. placement agencies involved in adoption should strictly follow and comply with the guidelines of CARA and register with respective state governments.No Objection Certificate [NOC] from CARA is made mandatory in case of all inter- country adoption

ProcedureChild is made legally free for adoptionrelinquishment deed Adoption Agencies Voluntary Co- ordinating Agency - Registration of adoptive parents Registration of child available for adoptionCARA- Central Adoption Recourse Agency-To issue NOC to agencies to match child with foreign adoptive couple.

ContScrutiny AgencyVerifying documents Judicial courts- Court examines the documents

Emerging Issues, Concerns & Suggestions

If there are adoptable children who are orphaned, abandoned, surrendered and without parental care, they need to be brought within the fold of Adoption to ensure their right to a family.Expediting and Facilitating family based rehabilitation of children so that they are prevented from being institutionalized and / or de-institutionalized so that they spend the shortest time in institutions.

ContdChanges in the Adoption Regime in India without the necessary and new systems in place in the country, has led to many hurdles in the Adoption Process.Lack of uniformity, standardization and interpretation of norms, rules, procedures, protocols across the country.

ContdDifferent interpretation of CARA guidelines, rules and state rules leads to ambiguity and delays.

CARA guidelines are sometimes seen only as guidelines and not mandatory to implement. They need to be part of a statute in order to have teeth.

Need for knowledge building and capacity building for the new CARA team as well as the Adoption practioners in order to understand the sensitivities and complexities in the Adoption situation.

ContdProcedures for Special Needs children needs a review.Focus on the Developmental Aspects of Adoption in terms of Pre and Post Adoption Counselling, understanding the psychology of Adoption, and a uniform policy for Roots Search is very much needed.Private, illegal placements through hospitals, nursing homes and individuals amounts to trafficking in children and this needs serious intervention.

ContdCreating awareness about the concept of prevention of abandonment through safe surrender rather than leaving the child in unsafe places during compelling circumstances.

An Appeal Body type of system to be introduced to address conflict situations has been suggested by some organizations.

Code of Ethics in Adoption to be developed.

ContdNeed for Research in Adoption which can contribute to knowledge development for Adoption policies and practice.

Uniformity and standardization of statistical data in order to draw out relevant and reliable trends from it.

Important Role of Consulates, Embassies and High Commissions in Inter Country Adoption.

Need for the appointment of a technical team of Adoption professionals to partner with CARA on policy, training and development issues.

Thank You-Gayatri Misra BBA LLB6th semesterA3221512043