Home  

JAGDISH SINGH SHARY versus CENTRAL ADOPTION RESOURCE AUTHORITY.

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 16th October, 2023 + W.P.(C) 11168/2020, CM APPL. 40499/2021 & 36035/2023 JAGDISH SINGH SHARY ..... Petitioner Through: Mr. Kabir S. Ghosh, Adv. (M:9599966048) versus CENTRAL ADOPTION RESOURCE AUTHORITY..... Respondent Through: Mr. Vineet Dhanda (CGSC) with Mr. Vinay Yadav & Mr. Durga D. Vashist, Advs. (M: 9811013810) Mr. Atul Nagarajan, Ms. K. Pallavi & Ms. Lavanya Regunathan Fischer, Amicus Curiae. (M:9871045249)

When Foster Parents Don’t Want to Give Back the Baby

In many states, adoption lawyers are pushing a new legal strategy that forces biological parents to compete for custody of their children.

by Eli Hager

 

Alicia Johansen spent her childhood moving with her drug-addicted mom from one place to the next, trying to brace herself for the moment when the water and the electricity would get cut off. So at 22, when she had a chance to run Dolittle’s pool hall in the ranching town of Akron, Colorado, she was intent on making some money. She kept the bar open deep into the night, after the older guys who bet on horse races departed, and the truckers and the younger crowd, with the meth, drifted in. Meth, she soon discovered, helped her work longer hours.

An occasional customer was Fred Thornton, a former high school baseball star in his early 30s. Fred was sometimes a roofer and at other times unemployed and homeless. They began dating casually and using together, and he told her of his own complicated childhood: placed in foster care as a toddler, after allegations of neglect, and later adopted.

India’s Adoption Paradox: Why thousands of eager families can’t find waiting children

Pune, 16th October 2023: Imagine being a child, abandoned for months or years on end, living in a shelter, not knowing if you will get the chance to have a family of your own. Unfortunately, this isn’t mere imagination for lakhs of children. The reality of abandonment As per recent data, an alarming 3.5 to 4 lakh(1) children in India are living in child shelters, formally known as Child Care Institutions (CCIs). While this number is significant, what’s even more startling is that out of these children, only 2,000(2) are part of the legal adoption pool. This disparity becomes even more poignant when you consider that there are over 34,000(2) parents eagerly waiting to adopt and provide a nurturing home to these children. To grasp the magnitude of this issue, imagine nearly the entire population of a city like Ahmednagar, filled with children, and yet only a minuscule fraction is available for adoption. Why is this the case? This series of articles, brought to you by Where Are India’s Children (WAIC), seeks to delve deeper into this pressing issue.

 

The plight behind closed doors Within the walls of these shelters, children, despite the best efforts, often find themselves wrestling with their hopes and the haunting feeling of abandonment. They are at a heightened risk of abuse, malnutrition, and various medical and emotional issues. The love, warmth, and opportunities that a permanent family brings are beyond their reach. Adoptive parents understand firsthand the impact that living in an institutional setting for an extended stay has on children. Neha explains, “When we adopted our son at five years old, the scars of his years in a shelter were painfully evident. Abandoned at birth, he spent every single day of his life within the confines of institutional walls. While the shelter did their best, they had limited resources, so he was robbed of simple joys like playing in a playground or visiting a store. His young life, marred by bureaucratic delays and the pandemic, made him a shadow of what a child his age should be.” And what of the 34,000+ prospective adoptive parents, registered and waiting eagerly to provide a loving home to a child? WAIC hears stories every day from prospective adoptive parents such as Pooja, “I’ve waited three years, my heart aching, yearning for a child’s laughter in our home. Knowing countless children are waiting for a family’s love, while my arms remain empty, is a pain beyond words. Why is love kept apart?”

Where Are India’s Children (WAIC): Bridging the gap Formed by three adoptive parents in 2019, WAIC, registered as Child Welfare and Action Foundation, is working tirelessly to bridge this gap. Says Smriti Gupta, CoFounder: “We witnessed the abyss between the abandoned children and the awaiting families and decided to act.” Their vision is clear: “Ensure every eligible abandoned, orphaned, and surrendered child is made visible, and reaches the legal adoption pool.” But what’s keeping these children from reaching the adoption pool? While the Juvenile Justice Act and Central Adoption Resource Authority (CARA) set a robust legal framework for the adoption of children, the ground reality paints a different picture. Many abandoned and orphaned children in shelters, who could be eligible for adoption, remain invisible and unevaluated due to a lack of resources, lack of law implementation and enforcement, ambiguities in the legalities of child abandonment, and the general public’s unawareness about the adoption rights of these children

Take Prashant for example. In the heart of a bustling city, Prashant, a 6-year-old, was left to fend for himself. Fortune led him to the gates of a child shelter, where one might hope a child like him could expect a new beginning with one of the many thousands of parents who are willing to give a child a loving family. But as days turned to months, Prashant became just another face among the crowded shelter. The very hands meant to guide him to a loving home, never got around to evaluating his case for adoption eligibility. The absence of scrutiny or enforcement meant Prashant’s dreams of family meals and bedtime stories faded away. Instead, he was left to navigate the hard-knock world of institutional life, his potential and hopes dimming with each passing day. Another example is young Ruchi, who sadly lost her parents. Seeking solace and protection, her aunt, overwhelmed by her own struggles, placed her in a shelter. Every evening, Ruchi would sit by the window, eyes scanning the road, hoping to catch a glimpse of her aunt returning for her. But no one ever came. And amidst the shelter’s paperwork, Ruchi’s file grew dustier each day. Her aunt imagined she would be cared for, but the very fact that she had an aunt somewhere out there became her tether and chain. The route to match her with a waiting family never arose since the shelter where she was staying was confused by which legal route to take. And so, Ruchi remained, her heart holding onto memories and dreams, while the possibilities of a loving home seemed to drift further away.

Stephanie Dong Hee Kim is organizing this fundraiser.

Establishment of the ARAN Foundation

 

What you see in this photo is a mother and her four daughters laughing their asses off. I am the middle one in the photo and the youngest daughter in the row. We have another brother.

This photo was taken six months ago when I stayed with my mother in Korea for a week. It took me 43 years and seven roots trips to build this bond with my own mother. For so many years I was angry with her - consciously and unconsciously - that I could not let her into my heart.

I can now look at her, her life and her choices with compassion.

Spain couple adopted 2 children from Gajapati district

https://odishabarta.com/spain-couple-adopted-2-children-from-gajapati-district/

"Why Is CARA Delaying Adoption Process?" Supreme Court Calls For Prompt Action To Benefit Waiting Children & Couples

The Supreme Court on Friday (13.10.2023), raised serious concerns over the delays in the adoption process and the potential impact on both aspiring parents and children in need of loving homes. The remarks came from a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra during the hearing of a Public Interest Litigation (PIL) seeking the simplification of adoption procedures in the country, filed by "The Temple of Healing," a charitable trust. 

 

Additional Solicitor General (ASG) Aishwarya Bhati requested additional time to file a response to the PIL, which prompted Chief Justice of India DY Chandrachud to express his apprehension. He raised questions about the delays in the adoption process, highlighting that it has virtually come to a standstill, leaving couples waiting for years.

"They are saying that the process of adoption has virtually come to a standstill. No adoptions are being allowed. Couples are being made to wait three years, four years. What happens with the delay of the government, CARA (https://www.livelaw.in/top-stories/supreme-courtallows-woman-who-sought-abortion-to-give-child-for-adoption-to-acouple-registered-with-cara-220572) particularly– suppose a couple decides to adopt at 26, by the time they get the adoption through, they are 30, 31. People's core position in life changes," the CJI stated.

The CJI further emphasized on the effects of bureaucratic delays on individuals and families. He asserted– "Suppose someone wants to adopt at 35, they get delayed and now they are 39, 40, they may feel that it is too late to adopt (https://www.livelaw.in/news-updates/bombay-high-court-adoptionsingle-working-women-single-parent-adoptive-parent-juvenile-justice-act226213). Parental position changes. We understand that possibly there is an element of misuse that you are apprehending but why are you stalling adoptions? There are hundreds and thousands of children waiting for adoption."

Trial begins for Hamilton County parents accused of abusing, killing 8-year-old son

John and Katherine Snyder are facing a total of 26 charges for murder, assault and child endangerment


CINCINNATI — Seven years after the death of their child, two parents accused of abusing and murdering the 8-year-old are officially on trial.

John and Katherine Snyder are facing 26 charges combined for murder, aggravated assault and child endangerment.

The two were arrested in upstate New York in September 2022. They are accused of abusing their children, several of whom were adopted from China, and killing one — Adam.

According to the prosecution, all of the Snyder children were malnourished, deprived of medical care and more.

Swiss babies exported all over the world

The St. Gallen adoption broker Alice Honegger placed babies from “fallen mothers” abroad – sometimes with the knowledge of the authorities. 

An “illegitimate” child often brought women into great distress in the 1950s and 1960s. They became the focus of the authorities, they were put into homes, institutions and women's prisons and “ administratively cared for ”. At the same time, they were pressured to give their babies up for adoption.

Now research by the Observer shows for the first time what happened to the babies: an unknown number were sold off to childless couples abroad. The controversial adoption broker Alice Honegger was also the puller.

It is known and confirmed by various research studies that the St. Gallen woman fulfilled the desire of Swiss couples to have children for 50 years - using ethically questionable methods. Various research studies prove this. Starting in the 1970s, she brought hundreds of babies from Sri Lanka to Switzerland under illegal circumstances . The entries on the adoption certificates were often fictitious; women in Sri Lanka signed them for money, even though they were not the birth mothers (see “Questionable adoptions are investigated,” below).


 

note accompanying letter to Parliament about Woo decisions regarding intercountry adoption

note accompanying letter to Parliament about Woo decisions regarding intercountry adoption

Woo request on correspondence with country analysis of intercountry adoption

Woo request on correspondence with country analysis of intercountry adoption