Welfare Home For Children vs Union Of India Air 1984 Sc 469 on 12 April, 2017

                                               ­ 1 ­       In the Court of Ms. Poonam A. Bamba, District and      Sessions Judge : South East : Saket Court, New Delhi.In the matter of :G.P. No. 16/2016        Welfare Home for Children         B­1, Institutional Area, Sarita Vihar        New Delhi­110 044.        Though its Social Worker Ms. Lata Nair       .... Petitioner                                      V E R S U S        Ms. Elisabeth Clementina Josepha Jacobs        R/o Wipstraat 47 AT 2590 Berlaar        Belgium        Through her attorney Ms. Nidhi         Kataria, Adoption Officer        Welfare Home for Children         B­1, Institutional Area, Sarita Vihar        New Delhi­110 044.                     .... Respondent                 Petition presented on                        :        05.12.2016                 Arguments concluded on                       :        12.04.2017                 Judgment Pronounced on                       :        12.04.2017                 PETITION   UNDER   SECTION   59   (7)   OF                  JUVENILE   JUSTICE   (CARE   AND                  PROTECTION   OF   CHILDREN)   ACT,   2015,                  FOR   ORDER   OF   ADOPTION   WITH                  RESPECT   TO   THE   MINOR   CHILD   'NITIN'                  IN FAVOUR OF THE RESPONDENT. G.P. No. 16/16               WHC V. Elisabeth Clementina Josepha Jacobs                                     Page  1 of 25                                                     ­ 2 ­ JUDGMENT

1.0 Vide their petition, Welfare Home for Children, B­1,  Institutional   Area,   Sarita   Vihar,  New   Delhi,   ("Petitioner  Society"  in   short)   through   its   social   worker   and   authorized  representative Ms. Lata Nair, prayed that the minor child 'Nitin'  born on 09.05.2011 ("Child" in short) be given in adoption to  the respondent Ms. Elisabeth Clementina Josepha Jacobs, as her  son and that she be permitted to remove the minor child outside  the jurisdiction of this Court for his upbringing to   Belgium,  where the respondent resides.

2.0 The   petition   has   been   filed   by  WHC  being   a  Society,   registered   as   a   Charitable   Organization   running   its  Orphanage   Homes   for   abandoned/destitute/   handicapped  children.     WHC   is   duly   recognized   by   the   Central   Adoption  Resource   Authority   (hereinafter   referred   to   as   "CARA"),  Ministry of Women and Child Development, Govt. of India, as  an agency for placing children in adoption i.e. as  Specialized  Adoption Agency  ("SAA" in short)   Ms. Lata Nair has been  duly authorized by WHC, the petitioner society to sign, verify    ­ 3 ­  and institute the petition under Section 59 (7) of Juvenile Justice  (Care and Protection of Children) Act, 2015 ("JJ Act" in short).

3.0 The petitioner has submitted that a minor male child  'Nitin'   born   on   09.05.2011   was   placed   with   the   WHC.     The  petitioner desires to give the child in adoption to the respondent  Ms. Elisabeth Clementina Josepha Jacobs, through her attorney  Ms. Nidhi Kataria, Adoption officer, WHC.

CID also recovered a two-month-old daughter from the couple They adopted that child

Kolkata: CID has arrested a couple on the basis of child trafficking ring The couple was arrested from Lake Town area of ​​Jessore Road on Tuesday The arrested have been identified as Vijay Santhalia and his wife Neha

It is reported that the couple adopted a girl child for about 7 lakh rupees However, the couple fell into the clutches of the child trafficking ring without following the legal rules for adoption

CID also recovered a two-month-old daughter from the couple They adopted that child Howrah court on Tuesday the two arrested or not?

According to sources, the baby girl was probably brought from Bihar and given to the couple After investigating the child trafficker, the police arrested a broker named Manik It was Manik and his wife Mukul who probably handed over the baby to the Lake Town couple Investigators are also looking into whether anyone else has adopted children from this cycle illegally.

SEOUL, South Korea (AP) — A South Korean court on Wednesday cleared the government and an adoption agency of all liability in a lawsuit filed by a 49-year-old Korean man whose traumatic adoption journey led to an abusive childhood in the United States and ultimately his deportation to South Korea in 2016 after legal troubles.

In exonerating the South Korean government over the case of Adam Crapser, whose U.S. adoptive parents never secured his citizenship, the Seoul High Court overturned a 2023 lower court ruling that ordered his adoption agency, Holt Children’s Services, to pay him 100 million won ($68,600) in damages. The Seoul Central District Court ruled that Holt should have informed his adoptive parents that they needed to take additional steps to secure his citizenship after his adoption was finalized in their state court, but didn’t find the government at fault for Crapser’s plight.

The full text of the Seoul High Court’s ruling wasn’t immediately available. Crapser didn’t attend the ruling.

Crapser, a married father of two, says he was abused and abandoned by two different adoptive families who never filed his citizenship papers. He got into trouble with the law — once for breaking into his adoptive parents’ home to retrieve the Bible that came with him from the orphanage — and was deported because he was not a U.S. citizen.

In their defense against the accusations of malfeasance raised by Crapser, the government and Holt both cited a 1970s adoption law established under a military dictatorship that was designed to speed up adoptions.

In the 1970s and 1980s, it was relatively easy for couples who were unable to have children to adopt a child from abroad. Today, these children are adults. When they search for their biological parents, they often find out that their adoption was illegal and that the documents were forged.

Isabel Fuhs wants to know who her mother is. "I keep asking myself that. But I imagine that she is somewhere." Isabel Fuhs was adopted from Brazil in 1985. She was not even two months old at the time, a small baby. But she knows almost nothing about her first weeks of life. Her biological mother was said to have been only twelve years old at the time of her birth. A Brazilian lawyer arranged the adoption in Germany.

"The story of my adoption is really very strange. There is nothing, no records, in which hospital was I born? There is also nothing about my biological parents, i.e. my mother, no name. It is really very unclear. You can't understand much anymore today."

It is a painful gap in their biography. Psychologists have long known how important knowledge of biological origins is for identity formation. In 1989, the Federal Constitutional Court ruled that knowing one's own ancestry is one of a person's personal rights. The UN Convention on the Rights of the Child also contains the right to identity. Not knowing anything about one's biological family plunges some adoptees into deep crises.

right to know one's own ancestry

More and more children from Africa are being adopted abroad. But organizations warn of a lack of regulations and control mechanisms - and the loss of cultural identity. A report on World Children's Day.

"I'm embarrassed that my mother is white." Ten-year-old Lerato Dieterich spits out the sentence angrily and turns away. She doesn't want to talk about the fact that she is adopted. Lerato's adoptive mother, South African Merle Dieterich, explains: It hurts her daughter too much that her biological mother gave her away after she was born. The feeling of not being wanted accompanies most adopted children, says Dieterich, who took in two children. The different skin color creates additional boundaries.

Adoptions outside the cultural circle should be the very last resort in an effort to give children a good life, demands the child protection organization "African Child Policy Forum" (ACPF). Unfortunately, only a few African countries have laws that offer adopted children sufficient protection against human trafficking and loss of cultural identity, according to a study by the pan-African institution based in Ethiopia, which researches and compares children's rights in Africa.

The number of African children adopted abroad has tripled in the last decade. One reason for this is that other countries of origin such as Russia and China have introduced stricter rules for foreign adoptions. Celebrities have also discovered Africa for adoption: Angelina Jolie and Brad Pitt took in a girl from Ethiopia, and after some wrangling, Madonna has two children from Malawi.

German adoptive parents rank eighth
Between 2004 and 2010, a total of more than 33,000 African children were placed with foreign parents, 21,000 of them from Ethiopia. South Africa is the second most common country of origin. Most adoptive parents came from the USA and Italy. German adoptive parents rank eighth on the ACPF list.

Around two million children live in homes in Kenya. Because infertility is taboo there, it is difficult to find adoptive parents for them in the country. Now the government has also stopped the few placements abroad.

"It's a very confusing situation because there has been no official announcement so far. We've only seen reports in the two major daily newspapers here. And they contradict each other."

Susan Otuoma runs the Little Angels Network, the largest of four Kenyan agencies that place children for international adoption. What she finds even more confusing, however, is the government's justification: fighting child trafficking. Kenya has a big problem with this, but in most cases it occurs domestically. Children are abducted and forced into work or prostitution.

"There has been a lot of propaganda about the sale of children. That adopted children have been stolen or their families deceived into consenting. All I can say is that we do our job pretty thoroughly."

Adoptions abroad are strictly regulated

ASHA KRISHNAKUMAR

A Frontline investigation lays bare a multi-billion-dollar, countrywide racket in inter-country adoption of children, run by private adoption agencies that exploit the loopholes in the rules.

THE arrest in Chennai on May 3, 2005, of five kidnappers, who have sold over 350 children to an adoption agency in the city over many years; the inquiry ordered by the Delhi government into the process of inter-country adoptions in 10 agencies in the Capital; and the recent moves in Andhra Pradesh to book

A recent case in Tamil Nadu shows that the existing system has allowed child trafficking to take place for years under the guise of a perfectly legal adoption process.

ASHA KRISHNAKUMAR

ON May 3, 2005, the Central Crime Branch of the Chennai police arrested five people for kidnapping and selling about 350 children to an adoption agency in the city. Several lost children seem to have been given in adoption to families abroad over the last decade. Ironically, the police have found all the paperwork by the adoption agency to be clear. This highlights the need to look into the existing adoption system that allows for child trafficking under the guise of a perfectly legal adoption process.

Frontline investigation and documents available with it reveal that this is not an isolated case. Bending rules, circumventing norms, and following illegal and unethical ways to "source" children and sell them to foreigners under the guise of adoption is not uncommon among some agencies in Tamil Nadu.

IFI

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