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Supreme Court recognises adoption as part of reproductive autonomy under Article 21

In a significant development for constitutional rights and gender justice, the Supreme Court has affirmed that reproductive autonomy extends beyond biological processes to include the decision to adopt a child. By bringing adoption within the ambit of Article 21, the Court reinforced the idea that personal liberty includes the freedom to determine how one chooses to build a family.

The case addressed a legal provision that limited maternity benefits for adoptive mothers based on the age of the child at the time of adoption. The Court found such a restriction to be arbitrary and lacking a rational basis, noting that the responsibilities and emotional investment involved in motherhood do not depend on the age of the child. Denying benefits on this ground, therefore, undermines the principle of equality and fails to recognise the realities of adoptive parenting.

Expanding on the meaning of reproductive rights, the Court clarified that autonomy in this sphere is not confined to decisions about pregnancy or childbirth. Instead, it includes broader choices related to parenthood, including adoption. This interpretation aligns with the evolving understanding of family structures and acknowledges that parenting is defined by care and responsibility rather than biological connection alone.

The judgment also builds upon the established jurisprudence surrounding Article 21, which has been interpreted to include dignity, privacy, and the right to make personal life choices. By recognising adoption as a facet of reproductive autonomy, the Court has further strengthened the protection of individual decision-making in matters of family and personal life.

Additionally, the ruling emphasises the importance of equality in the application of welfare laws. Any distinction that places adoptive mothers at a disadvantage without a valid justification is inconsistent with constitutional guarantees. The decision therefore ensures that adoptive parents are not treated differently in accessing benefits that support caregiving and child development.

Shaken by their pasts, inter-country adoptees demand federal government broaden inquiry scope

Adoptee Kimbra Butterworth was well into adulthood when she confirmed she was a victim of an infamous Taiwanese baby smuggler.

If it weren't for dogged family and media investigations plus a bit of luck, she may have never found out.

"I may never find my [biological] family because of all these circumstances that someone else did that was completely out of my control," she said.

Adoption papers show Ms Kimbra was born in Taiwan in 1980, the supposed fifth child of a family with the surname Chen.

But the family names were forged, leaving her in the dark about her biological parents' true identities.

HC Seeks Clarification from Centre on NOC for Inter-Country Adoption Relocation

Punjab & Haryana HC Seeks Clarification from Centre on NOC for Inter-Country Adoption Relocation

Chandigarh: In a case highlighting the complex legal hurdles of international adoption, the Punjab and Haryana High Court has asked the Centre to clarify the No-Objection Certificate (NOC) for inter-country adoption relocation. The move came after Australian authorities sought an NOC from the Central Adoption Resource Authority (CARA) before allowing the children to move abroad.

Justice Jagmohan Bansal passed the orders while hearing a petition filed by Manisha Saini, a 42-year-old Indian citizen residing in Gold Coast, Queensland (Australia), seeking the relocation of her two minor nieces, one aged 17 years and the other 13 years. She approached the court seeking directions to the authorities to issue an NOC-cum-support letter required for inter-country relocation adoption.

Case Background

The certificate is essential for the nieces to obtain Australian visas and join their adoptive mother. Manisha's sister, Sushma, died in September 2016. Following Manisha's divorce in 2020 and the death of her mother in 2022, a unanimous family decision was made for her to adopt the girls.

Cambodia Adoption Notice: Update on Status of Intercountry Adoptions from Cambodia

The Royal Government of Cambodia is not processing intercountry adoptions with other countries at this time. The Department of State is still not able to issue Hague Certificates in adoptions from Cambodia. However, the Department continues its efforts to work with the Government of Cambodia to resume intercountry adoption.

In March 2015, Adoption Division Chief Trish Maskew and Special Assistant to the Special Advisor for Children’s Issues Kathy Sacco traveled to Cambodia and met with the Ministry of Social Affairs, Veterans and Youth (MOSVY) Inter-country Adoption Administration (ICAA); the Ministry of Justice (MOJ); a group of adoption receiving country representatives; and UNICEF to discuss Cambodia’s desire to memorialize understandings regarding how State Parties seek to process Convention cases.  Ms. Maskew and Ms. Sacco also participated in a multi-day, USAID-hosted Co-Creation Workshop, where 30 non-governmental organizations (NGOs) discussed broad issues related to child welfare, such as the efforts in place to support Cambodian families to care for their children at vulnerable times and find permanent placements for children if they are removed from the family. The Department of State raised the importance of maintaining intercountry adoption as a small but important part of the overall action plan for seeking permanency for Cambodia’s children. The workshop was part of Cambodia’s Family Care First initiative, rooted in the U.S. government’s Action Plan for Children in Adversity.  

During their meetings, the Cambodian Director of the Inter-country Adoption Administration shared Cambodia’s accomplishments completing laws and regulations related to intercountry adoption and requested the Department’s review of these regulations and proposed procedures. The ICAA noted that UNICEF has worked with MOSVY’s Child Welfare Department (CWD) to develop a child protection case management system and that the pilot of this system is now operating in five provinces.

The Department of State’s Special Advisor for Children’s Issues, Ambassador Susan Jacobs, led a discussion with multiple other receiving countries on intercountry adoptions and Cambodia during the the Fourth Special Commission of the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption (Special Commission), held June 8-12, 2015 in The Hague. The goal was to discuss how countries might collectively promote an intercountry adoption system that successfully protects the best interests of the child as Cambodia looks to begin processing Convention cases for the first time. At the meeting, several countries expressed interest in joining the United States in sending a letter to MOSVY to seek clarification on questions and areas of mutual interest regarding Cambodia’s law, regulations and procedures.

Ambassador Susan Jacobs met again with Cambodian adoption officials in Phnom Penh from October 7-11, 2015. During her visit, Ambassador Jacobs hand-delivered to MOSVY a joint letter endorsed by the Central Authorities of Belgium, France, Luxembourg, the Netherlands, the United Kingdom, and the United States, requesting clarification of Cambodia’s envisioned Convention adoption process. The Government of Cambodia’s response to the issues raised in the letter is necessary for the United States to fully understand several key issues, including the role that Cambodia seeks to take with regard to the supervision and monitoring of ASPs authorized by the Cambodian government. 

As 2015 came to a close, Cambodia continued its efforts to improve its mechanisms for child welfare and protection, including more oversight over child care institutions by requiring all child care institutions to register with the Cambodian government by March 11, 2016.
 
The Department of State will continue to publish updates related to Cambodian intercountry adoptions on http://adoptions.state.gov. c

Korean-born Australian woman overturns adoption as federal inquiry launched

By investigative reporter Alex Turner-Cohen, James Oaten and Giselle Wakatama

Topic:Adoption

Thu 12 MarThursday 12 March

Woman with hands in laps sitting on a chair.

A Korean-born Australian says she struggled to remove her adoptive parents from her birth certificate. (ABC News: Maren Preuss)

Government considering apology for state’s role in historic forced adoption

An apology for the state’s role in historic forced adoption is being “actively considered” by the Government, a minister has said.

Children and families minister Josh MacAlister said he recognised the urgency with which the issue needs to be addressed but did not commit to a timescale for when a formal apology might be issued.

An estimated 185,000 children were taken from unmarried mothers and adopted between 1949 and 1976 in England and Wales.

Administrations in Cardiff and Holyrood have previously said sorry to people affected but campaigners have long called for an apology from the Westminster Government.

A report by the UK Government’s Joint Committee on Human Rights (JCHR) in 2022 recommended ministers apologise to unmarried women who were “railroaded” into unwanted adoptions.

Sandra was re-adopted by her biological mother in Costa Rica – "I have gotten my daughter back!"

 

Cristina Inez Zuñiga from Costa Rica is now Sandra Vanessa Borhaug's legal parent. Sandra was adopted from Costa Rica to Norway without her mother's consent or knowledge. Now, her mother has adopted her daughter back. This has never happened in Norway before.

"I have been very sad, and now I am just very happy to have gotten my daughter back."

So says Cristina Inez Zuñiga to Utrop over the phone from Costa Rica. Her daughter, Sandra Vanessa Borhaug, is also part of the conversation.

Cristina is Sandra's biological mother. Sandra came to Norway through an international adoption—without Cristina's consent. Sandra was around 20 months old when she arrived in Norway.

From Orphans to Victims: How State Policies Fueled 72 Years of South Korea Adoption Abuses

South Korea's international adoption program, spanning 72 years from the post-Korean War era, has been exposed as a profound failure of state policy that prioritized cost-cutting over human rights. Once portrayed as a compassionate solution for war orphans, it systematically falsified documents and exported children to the US, Europe, and Australia, creating the world's largest adoptee diaspora.

The Truth and Reconciliation Commission's recent findings confirm government complicity in widespread fraud, shifting narratives from salvation to systemic victimization driven by deliberate state policy choices.

Historical Roots of the Crisis

The program's origins trace back to the Korean War's devastation, when private agencies, backed by government leniency, began facilitating overseas adoptions without rigorous oversight. Under military rule in the 1970s and 1980s, it escalated dramatically as state policy framed foreign adoptions as an efficient alternative to building domestic welfare systems. Agencies falsified birth records, declared children orphans despite living relatives, and even swapped identities to meet international demand, all while the government avoided budget allocations for social support.

This era saw adoptions peak, with hundreds of thousands of children sent abroad, often under forged parental consents that violated basic human rights. The lack of regulatory frameworks enabled unchecked operations, turning a temporary measure into a decades-long industry. By the 1990s, as South Korea's economy boomed, the program persisted not out of necessity but as entrenched state policy that offloaded societal burdens like poverty and unwed motherhood stigma onto foreign families. The consequences endure, with adoptees now uncovering lies through DNA tests, revealing how state policy erased their origins and human rights for fiscal convenience.

Nel adopted a child from Portugal, but suddenly it turns out there are many falsehoods in the file: “With what I know now, I would never do it again.”

Nel's daughter Leonor* (6) was adopted from Portugal, but turns out to be at least two years older than what is officially stated in the adoption file. The mental disability is also much more severe than Nel was led to believe. A scandal within the EU. The umpteenth one, and so Groen advocates a ban on intercountry adoption.

 


“When my daughter is older and realizes that there is something wrong with her adoption, it will make her sad. I don't want the neighbors to know her full story before she fully understands it herself.” This is the reason why mother Nel* (45) is testifying anonymously. Nel has two children, a biological daughter aged 9 and an adopted daughter, Leonor (6)*. “My first pregnancy was difficult. We were offered adoption for a second child. I did hear some bad adoption stories, but you are reassured by the services that everything is checked more strictly than before. You believe that. It is packaged in a rosy light as: 'This child really needs a home'.”

At Ghana, we were ready to leave and pick up a little boy. We had his information and photos. But we received a call saying that the birth certificate might be forged.

Nel