Inter country

Adoption
- By Gayatri Misra

Introduction
Inter-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 intercountry 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

 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 onechild 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 bloodrelated parenthood even more highly.

Romania,

after December 1989 has seen

exposure to the world of horrible
orphanage conditions.

International Standards
In

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:-

1.

to ensure that inter country adoptions take

place in the best interests of the child.

2.

to establish a system of cooperation amongst

Contracting States

3.

to secure the recognition in Contracting States

of adoptions .

Requirements for Inter

Country Adoption
Both

the parents and the children must

meet eligibility requirements of the
Immigration.

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 Child

Transparency
Protection

and Ethical practices

of the Child from all forms of

neglect abuse violence and exploitation.

Paradigm Shifts in Adoption

(laxmi kant v. uoi)
Needs Based
Rights Based
Framework
Approach
Parent
Centered
Child for a
Family

Child Centered

Family for a Child

STATISTICAL OVERVIEW of
Adoption of Indian Children
Year

2006

2007

2008

2009

2010

2011

In-Country

1536

1510

2169

1852

5693

5964

Inter-Country

852

770

821

666

593

589

Total

2288

2280

2990

2518

6286

6553

SOURCE: CARA

Implementation of Policy -Central Agency

Government 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 Agency

To 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

adoption

For 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 Recommendations

Central 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 adoption

CARA has issued separate policy guidelines for intercountry 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

Procedure

Child is made legally free for adoption

relinquishment deed

Adoption Agencies

Voluntary Co- ordinating Agency

- Registration of adoptive parents

-

Registration of child available for adoption

CARA- Central Adoption Recourse Agency

-To issue NOC to agencies to match child with foreign

adoptive couple.

Cont

Scrutiny Agency

Verifying 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.

Contd
Changes 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.

Contd

Different 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.

Contd
Procedures 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.

Contd

Creating 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.

Contd

Need 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 LLB
6th semester
A3221512043