INTER COUNTRYADOPTION

       Satya Ranjan Swain
    B.A.LL.B (Hons.) (1st sem.)
CONTENTS
 Introduction
 Background
 Problems
 Solutions
 Cases
 Conclusion
ADOPTION
Adoption is a process by which people take
 a child, who was not born to them and
 raises him or her as a member...
REASONS FOR ADOPTION
• Due to the death of birth parents, the orphans left behind
  are put up for adoption rather than be...
TYPES





INTER COUNTRY ADOPTION
• Inter country/international adoption is the placing of a
  child for adoption outside that child’...
BACKGROUND
•  Over the past three decades, 2,65,677 babies have been
  placed in Inter Country Adoptions.
• India holds a ...
GROWTH OF INTER COUNTRY
       ADOPTION
20000
18000
16000
14000
12000
10000
 8000
 6000
 4000
 2000
    0
        1992   2...
CONTD.
• There are 255 foreign adoption agencies (131 are
  government bodies) and 74 Indian placement agencies
  which ar...
COUNTRY WISE
7000
6000
5000
4000
3000
2000
1000
   0
ACTS

• The Hindu Adoption And Maintenance Act, 1956
• The Guardians and Wards Act, 1890
• Juvenile Justice Act, 1986
ADVANTAGES OF
INTERNATIONAL ADOPTION
• Economically a child steps up into a higher
  class.
• The child also realize new
 ...
PROBLEMS
Child trafficking or child laundering;
 Suicide amongst international adoptees;
 Forced begging;
 Forced and ...
EXPECTATIONS FROM THE
      STATE DEPARTMENT
i. Provide information about inter country
     adoption in countries around ...
WHAT MORE TO BE DONE?
• Effective steps to be taken to ensure that
  inter country adoptions take place in the
  best inte...
FROM PAGES OF NEWS
           PAPER
• On December 12, 2007, the United States ratified
  the Hague Convention, which will ...
RELATED CASE
• Lakshmi Kant Pandey v. Union of India: [(1984) 2
  SCC 244; AIR 1984 SC 469]
• This is an extremely importa...
CONTD.
• Considering the possibility of child trade for
  prostitution as well as slave labour, legal
  regulation of such...
CONCLUSION
• Adoption involves a permanent termination
  of parental rights and links the child
  permanently to another f...
Inter Country Adoption
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Transcript of "Inter Country Adoption"

  1. 1. INTER COUNTRYADOPTION Satya Ranjan Swain B.A.LL.B (Hons.) (1st sem.)
  2. 2. CONTENTS  Introduction  Background  Problems  Solutions  Cases  Conclusion
  3. 3. ADOPTION Adoption is a process by which people take a child, who was not born to them and raises him or her as a member of their family. Adoption is a transaction where the mutual rights and responsibilities of the child is permanently transferred from the biological parents to the adoptive parents.
  4. 4. REASONS FOR ADOPTION • Due to the death of birth parents, the orphans left behind are put up for adoption rather than being fostered. • Where a child is found abandoned and the birth parent is never traced. • Where birth parents place their child for adoption because they are unable to take adequate care of the child, because they have failed to receive the resources, or they are pressured by their own parents or others. • Adoptive parents may wish to adopt due to infertility, compassion for adoptees and to avoid passing on inheritable diseases.
  5. 5. TYPES 
  6. 6. INTER COUNTRY ADOPTION • Inter country/international adoption is the placing of a child for adoption outside that child’s country of birth. • The laws of different countries vary in their willingness to allow international adoptions. Some countries, such as China and Vietnam, have relatively well-established rules and procedures for foreign adopters to follow, while others, the United Arab Emirates (UAE) for example, expressly forbid it.
  7. 7. BACKGROUND • Over the past three decades, 2,65,677 babies have been placed in Inter Country Adoptions. • India holds a noticeable position among the sending countries. But there is no legislation that covers inter- country adoption. • The United States ranks first among the receiving nations followed by Europeans, accounting for over half of all ICAs worldwide. • Over 20,000 inter-country adoptions are taking place per year in addition to the more than 200,000 foreign-adopted children already living in the U.S
  8. 8. GROWTH OF INTER COUNTRY ADOPTION 20000 18000 16000 14000 12000 10000 8000 6000 4000 2000 0 1992 2002
  9. 9. CONTD. • There are 255 foreign adoption agencies (131 are government bodies) and 74 Indian placement agencies which are recognized by the Government of India for ICA. • The Department of Homeland Security - U.S. Citizenship and Immigration Services (USCIS) is playing a key role in the inter-country adoption process. • India has a noticeable excess of girls being adopted i.e.68% girls. • In 1981, about 95% of Chinese children adopted are girls.
  10. 10. COUNTRY WISE 7000 6000 5000 4000 3000 2000 1000 0
  11. 11. ACTS • The Hindu Adoption And Maintenance Act, 1956 • The Guardians and Wards Act, 1890 • Juvenile Justice Act, 1986
  12. 12. ADVANTAGES OF INTERNATIONAL ADOPTION • Economically a child steps up into a higher class. • The child also realize new educational, social opportunities.
  13. 13. PROBLEMS Child trafficking or child laundering;  Suicide amongst international adoptees;  Forced begging;  Forced and exploited labour;  Forced prostitution;  Forced or exploitative domestic service;  Forced work on inherent and hazardous industries; and  Forcedly taking out different organs.
  14. 14. EXPECTATIONS FROM THE STATE DEPARTMENT i. Provide information about inter country adoption in countries around the world. ii. Provide general information about visa requirements for inter country adoption. iii. Make inquiries of the consular section abroad regarding the status of a specific adoption case and clarify documentation or other requirements. iv. Ensure that citizens are not discriminated against by foreign authorities or courts in accordance with local law on adoptions.
  15. 15. WHAT MORE TO BE DONE? • Effective steps to be taken to ensure that inter country adoptions take place in the best interests of the child. A system of co- operation should be established amongst the States to prevent the abduction, the sale or illegal trafficking of children.
  16. 16. FROM PAGES OF NEWS PAPER • On December 12, 2007, the United States ratified the Hague Convention, which will go into effect in April 2008. The State Department will be the Central Authority (as mandated by the Hague Convention) and with guidance from the Department of Homeland Security, will establish ethical practices and regulations, accredit adoption agencies, maintain a registry of complaints, and decertify non-Hague-complying agencies.
  17. 17. RELATED CASE • Lakshmi Kant Pandey v. Union of India: [(1984) 2 SCC 244; AIR 1984 SC 469] • This is an extremely important case relating to the adoption of Indian children by persons inside and outside India. • In the absence of legislation, the Supreme Court framed elaborate guidelines in the matter. There was no law to regulate inter-country adoptions and such lack of legal regulation could cause incalculable harm to Indian children.
  18. 18. CONTD. • Considering the possibility of child trade for prostitution as well as slave labour, legal regulation of such adoptions was essential. • Therefore, Justice Bhagwati created a scheme for regulating both inter-country and intra-country adoptions. The Supreme Court held that any adoption in violation of or non-compliance with may lead adoption to be declared invalid and expose person concerned with to strict action including prosecution.
  19. 19. CONCLUSION • Adoption involves a permanent termination of parental rights and links the child permanently to another family. So, the laws related to adoption should be very strict. • The children are vulnerable and totally dependent on the adults who are making their life decisions. Hence, safeguarding their rights and interests should be given prime importance.

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