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Follow Hague Convention on adoption: Karnataka HC tells Indian couple in Germany

BENGALURU: The High Court of Karnataka has directed a couple from India to follow the Hague Convention and apply for a 'Conformity Certificate' for their adopted child through the German authorities as the husband is a resident of that country.

The couple had knocked on the doors of the HC seeking a direction to the District Child Protection Unit for issuing them with a 'No Objection Certificate' (NOC) and a 'Conformity Certificate'.

The couple had adopted a girl child and the adoption deed between the biological mother and the couple was registered before the sub-registrar in the district headquarters town of Chikkaballapura on March 29, 2023.

The Deputy Commissioner had also verified the deed and recommended that necessary action be taken for the adoption.

But still the District Child Protection Unit refused to grant them the NOC and Conformity Certificate.

Zeeland-West-Brabant District Court 05-07-2024 , ECLI:NL:RBZWB:2024:4599

Date of publication

08-07-2024

Case number

C/02/420649 / FA RK 24-1472

ProcedureApplication procedure
Seating placeBreda
Areas of lawCivil law; Personal and family law
KeywordsIPR family law ;
Children ; Adoption
Legal references 

Content indication

The legislative history shows that restraint is appropriate in the case of adoption if there is opposition from one of the parents. In the context of a complex divorce, such as the case with the parents of an adult, even more restraint is appropriate when it comes to (step-parent) adoption. Moreover, the child has now reached the age of majority, which also requires restraint, since adoption is in principle intended as a child protection measure.

Full pronunciation


 

[Mom, I miss you] “Is this what my real mother looks like?” Kim Bok-sun, adopted to Germany in 1980

Born in 1979 at Daegu Fatima Hospital, he was entrusted to the 8th US Army in November of that year
and set out to find his biological parents after 40 years… Scheduled to enter Korea in May of this year

Kim Bok-sun (German name Regina Brandl , 44 ) , who was adopted to Germany at the age of 4 months, is desperately searching for her biological parents.

Kim was born around September 7, 1979 at the Fatima Hospital in Daegu. She entered the Baekbaekhap Orphanage run by the Sisters of St. Paul of Chartres on October 2. Her Korean name, Kim Bok-sun, was given to her by an orphanage official at the time. Kim was handed over to the 8th US Army on November 1, and was adopted by a family in Aulendorf, Germany, around January of the following year.

Kim has no memories of her biological parents or Korea because she was adopted as a newborn. Furthermore, her adoptive parents, although devout Catholics, were very strict, so she said she never had a comfortable conversation about her biological parents or Korea. Kim is currently working as a teacher and yoga instructor for disabled children in Germany.

She began searching for her bloodline in earnest about two years ago. The advice that a Korean adoptee who was looking for his biological parents gave me was crucial: "Time doesn't wait, so I hope you find your biological parents quickly before they pass away."

Although she grew up as a German citizen since she was four months old, Kim said, “My body instinctively remembers Korea.” When she was suffering from a stomach disorder, she heard that Korean food was good for her health and started making it herself. The first time she tried gochujang, she really liked it. Strangely enough, after she started eating Korean food as her staple food, her stomach disorder that had been bothering her completely disappeared. Kim is a Korean food enthusiast who enjoys eating budaejjigae and makes kimchi herself. Kim

visited Daegu in May of last year to find her biological parents. At the time, she visited the Dongbu Police Station and registered her DNA information. She plans to enter the country this year as well. She will visit Korea with her German husband next month. She also plans to attend the ‘2024 World Korean Adoption Convention’ hosted by the Overseas Koreans Office from May 21 to 24 . "I like gardening and exercising, and I wonder if my biological mother is like this. Right now, my roots feel like fog, and I want to find my biological parents and fill that void." Contact: Sisters of St. Paul of Chartres, Daegu Province, 053)659-3333.

South Korea's Adoption Reckoning

FRONTLINE and The Associated Press examine allegations of fraud and abuse in South Korea’s historic foreign adoption boom. The documentary investigates cases of falsified records and identities among the adoptions of 200,000 children to the U.S. and other countries over decades.


 

The Missing Girls: How China’s One-Child Policy Tore Families Apart

Ricki Mudd was born in 1993 in China during the one-child policy era. She remembers her early childhood only in fragments, but has been told she had spent some of it hidden in a bag.

At age 5, she was adopted from a Chinese orphanage, one of the more than 150,000 children China sent overseas. Most were girls. In the West, they were one of the most visible consequences of the one-child policy, which ended in 2016. This month, Beijing put an end to foreign adoptions

China is grappling with a demographic crisis, with dropping birthrates and a rapidly aging population. The policies to control the population have given way to new ones in the opposite direction. But a legacy of the one-child policy is a dearth of women of childbearing age.

Because of a government decree that led to forced abortions and sterilizations, millions of girls were never born or were hidden from authorities. In the process, China’s gender ratio became increasingly skewed, with 117 boys born for every 100 girls in 2004, compared with 106 in 1980, United Nations data showed. 

A U.N. Population Fund study based on China’s 2010 census estimates the country’s “missing girls,” or females who in regular circumstances would have been born but who were absent from the population, at 24 million.

10 Years Since Forced Adoption Apology

21 March 2023
As an organisation, we reognise and work with adoptees and adoption organisations recognising the impact of forced adoption practises and the continued need for transparency and support throughout the adoption process.  Below is a letter sent to members of parlament raising the concerns of the wider adoption community we have signed, 10 years on.

We wish to express our unreserved support for those impacted by forced adoptions in Australia, and our recognition of the immense courage, determination, energy, and grief entailed in coming forward and sharing their experiences. We commend the Australian Government’s recognition of past harms and abuses, and the offerings of formal apologies to communities who bear the lifelong impacts of forced family separation. Gillard’s formal apology in 2013 and Australia’s commitment to increased openness of records and provision of support services was closely watched by adoptee communities overseas and in Australia and is viewed by many as an example to which governments around the world should aspire.
Concerns were raised in the lead up to the 2013 National Apology, regarding the lack of acknowledgement of intercountry adoption and adoptees. Ten years later, we urge you to consider whether it is possible to justify viewing intercountry adoption as exempt from the issues identified in domestic adoption practices. Like domestic adoption and its impacts, which were so poignantly articulated in Gillard’s Apology, issues of consent, coercion, mistreatment, and stigma surrounding single motherhood are also embedded in intercountry adoption practices. 
While there are some safeguards in place, such as the Hague Convention, there are no guarantees that intercountry adoption practices are exempt from the harms identified by the Senate Community Affairs References Committee in 2012. For example, child trafficking has been identified in the cases of Australian intercountry adoptions from Taiwan, India, and Ethiopia. The UN’s Joint Statement on Illegal Intercountry Adoptions in 2022 is testament to ongoing concerns around vulnerabilities in the intercountry adoption system and human rights violations. 
Responding on behalf of the Australian Prime Minister,  a recent letter to Ms Lynelle Long of Intercountry Adoptee Voices, was sent from Tim Crosier (Branch Manager of Children’s Policy Branch), advising  that the government is prioritising a focus on preventing and responding to illegal and illicit adoption practices, expatriate adoption and concerns about past ICA practices. This is a welcome and critical development in acknowledging intercountry adoption practices and their impacts. However, Australia has been historically slow in appropriately responding to the victims of these past practices in intercountry adoption and we would like to see Australia commit to investigating intercountry adoption practices with the intention of providing a formal apology and including appropriate remedies, particularly around support to our human right to identity and origins.
Our concerns are not limited to a handful of intercountry adoptees. In the years since the 2013 Apology, numerous receiving countries have launched investigations into intercountry adoption including Switzerland, Denmark, Belgium, the Netherlands, Sweden, and France – with Norway commencing an investigation in 2023. 
On the 10th anniversary of the National Apology for Forced Adoptions, we kindly request that:

  • Intercountry adoption no longer be considered separate from Australian adoption more broadly;
  • Intercountry adoptees be recognised as facing, along with their domestically adopted peers, struggles with identity, belonging, uncertainty, and loss, which can be painful and lifelong; and
  • The Australian government commits to an investigation into intercountry adoption practices given Australia’s legal and ethical commitment to ensuring intercountry adoption respects fundamental human rights under the Hague Convention for Intercountry Adoption and the United Nations Conventions: specifically the conventions on the Rights of the Child, Enforced Disappearances, the Rights of Persons with Disabilities, the Elimination of all forms of Racial Discrimination, and All forms of Discrimination against Women.
  • Where it has been proven that an adoptee was stolen from their country of origin, a redress must be considered, as has been done after the Royal Commission into Institutional Responses to Child Sexual Abuse.

We ask that you also consider what it means to continue to exclude intercountry adoption from a broader acknowledgment of forced adoptions and the message this sends: that overseas born adoptees and their original families do not face similar challenges, and that our experiences and the community-based knowledge we have patiently and painfully amassed over the years does not matter. At this significant historical juncture, we ask you to consider the impacts of this double standard on us, our siblings, families, partners, and our children, who also inherit the legacy of family separation.
Kind regards,
Australian Intercountry Adoptees
           Leah Hamilton, adopted from South Korea, residing in Queensland

  1. Julie Colbert, adopted from Korea to QLD
  2. Dr Indigo Willing, adopted from Vietnam and residing in QLD, Australia. Adjunct Research Fellow, Griffith University. Founder, Adopted Vietnamese International (AVI). 
  3. Benjamin Kelleher, adopted from Brazil, residing in Queensland
  4. Kim Faulkner, adopted from Indonesia, residing in NSW
  5. Brooke Arcia, adopted from Sri Lanka to NSW
  6. Kisharni Eggleton, adopted from Sri Lanka, NSW, Australia. Founder of Sri Lankan Adoptees in Australia
  7. Emma Pham, fostered from Vietnam to NSW in 1973, adopted at 1990
  8. Meg O’Shea, adopted from South Korea and residing in NSW, Australia US Korean Rights Group (AUSKRG)
  9. Kisani Hayes. Adopted from Sri Lanka, NSW Australia
  10. Samara James, adopted from South Korea, living in Sydney, Australia. 
  11. Michelle Piper, adopted from Korea, residing in NSW, Australia. Committee member of Australia US Korean Rights Group (AUSKRG).
  12. Damian Rocco, adopted from Vietnam to NSW
  13. Linzi Ibrahim, adopted from Sri Lanka, NSW, Australia. Sri Lankan Adoptees Australia group 
  14. Sara Vidler, adopted from Sri Lanka, Parkes, NSW, Australia 
  15. Jaya Mather, adopted from Sri Lanka 1983, living in New South Wales Australia 
  16. Dr Liz Goode, adopted from South Korea, residing in NSW 
  17. Paula Park, adopted from South Korea to NSW
  18. Joel de Carteret, adopted from the Philippines, residing in NSW
  19. Dominic Golding, adopted from VietNam, residing in ACT
  20. Hannah Brugman, adopted from South Korea, living in ACT, Australia
  21. Jai Jaru, adopted from Thailand to South Australia 1981
  22. Roopali Gulab Meshram (Paula Karvouniaris) - illicit adoption from Preet Mandir, India, adopted to Adelaide South Australia 
  23. Lalitha Robinson adopted from Sri Lanka to South Australia 
  24. Sumana Filmer adopted from Sri Lanka to South Australia. 
  25. Kimbra Smith, illegally adopted from Taiwan, living in South Australia, Australia
  26. Hilina Winkenweder, adopted from Ethiopia 2001, living in South Australia
  27. Theodora Sullivan, adopted from Greece to SA, founder of Adopted from Greece
  28. Kai Hambour, adopted from India to SA
  29. Thomas Philp, adopted from Thailand to South Australia. Adelaide. 
  30. Min Mednis, adopted from Thailand to South Australia 
  31. Lynelle Long adopted from Vietnam to VIC
  32. Ebony Hickey illegally adopted from Haiti to Australia, Victoria.
  33. Catherine Robinson, adopted from Malaysia to Victoria Australia
  34. Dr Jessica Walton, adopted from South Korea, residing in VIC, committee member of Australia US Korean Rights Group (AUSKRG)
  35. Dr Ryan Gustafsson, South Korea, residing in VIC, member of Ibyangin International Network & Australia US Korean Rights Group (AUSKRG)
  36. Geetha Keogh, adopted from Sri Lanka, Black Rock VIC, Australia 
  37. A.Gale, adopted from Vietnam, living in Victoria
  38. Jack Hamilton, adopted from South Korea, living in Victoria
  39. Mya Ballin, adopted from China to the US, residing in VIC
  40. Ché Stevenson, adopted from South Korea to US, residing in Victoria
  41. Tia Brown, adopted from South Korea, Perth Western Australia.
  42. Carly Reid, adopted from South Korea to Australia, residing in Perth, Western Australia
  43. Meseret Cohen, adopted from Ethiopia, WA, Founder of Buna Chat
  44. Chae Ryan, adopted from South Korea and living in WA, Australia US Korean Rights Group (AUSKRG)
  45. Jasmine Eberhardt, adopted from South Korea to Tasmania
  46. Jason Hardy, adopted from Vietnam to NSW, residing in NT
  47. David Hopkins, adopted from Sri Lanka to NSW, living in Sydney 
  48. Leanne Tololeski, adopted from South Korea, residing in Western Australia

    InterCountry Adoptee Voices (ICAV) - Australia wide & International  

Ibyangin International Network: Adopted Overseas Koreans Creating Change. Steering committee in Seoul, Melbourne, Montreal, Oregon, Idaho, and Copenhagen (https://www.ibyangin.org/)
Australian Domestic Adoptees
           Peter Capomolla Moore, domestic adoptee, President Adoptee Rights Australia Inc., NSW. 

Lenna discovered at the age of 25 that she had been circumcised: 'I tensed up at every touch, now I know why'

At the age of 25, Lenna van den Haak tries to understand what her biological mother has just said to her. She was circumcised as a baby. Her mother points to a tree in front of her house: that's where it happened. Suddenly everything falls into place: the pain when cycling and during sex, the intense reaction to being touched 'down there'. When she discovers the truth, her world collapses.


"There is a life before and after Zandvoort," Lenna (now 42) begins her story. We drink coffee at her home. Her son Benjamin is sitting on the couch with headphones on. The seagulls fly in front of the windows, the beach is around the corner. In Zandvoort she has rebuilt her life. Here she has reinvented herself.

'Three women could be my mother'

First we go back to 2002. Lenna wants to look for her biological mother and travels for three months through Indonesia, the country where she was born. Her Dutch adoptive parents accompany her for the first two weeks. The journey begins in a monastery in Jakarta. It is run by a Dutch woman, Sister Lemmers. She helped Dutch adoptive parents during their process in Indonesia.

Lenna is lucky, an uncle of one of the sisters in the convent is visiting, who works in Lenna's native region. He will make some inquiries. He reported back within three days. "Three women said they could be my mother, but one woman's story matched the details that only we knew. We even looked alike."

SC Warns 30 States, UTs Of Contempt Case For Non-Compliance With Its Directions On Child Adoption

The CJI DY Chandrachud led bench was hearing a petition for easing the adoption procedures under Central Adoption Resource Authority (CARA).


The Supreme Court on Tuesday warned as many as 30 States and Union Territories (UTs) of initiating contempt of court proceeding for failure to comply with the top court's previous directions pertaining to the establishment of Specialised Adoption Agencies (SAAs) in each district by January 31, 2024. 

The CJI DY Chandrachud led bench was hearing a petition for easing the adoption procedures under Central Adoption Resource Authority (CARA).


 

CARA is a statutory body of the Ministry of Women & Child Development and functions as the nodal body for adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions.

Supreme Court Gives Final Deadline To States/ UTs To Appoint Specialised Adoption Agencies In Each District By August 30

The Court warned that the Chief Secretaries of States/UTs will have to personally appear on the next date in case of non-compliance.


The Supreme Court on Tuesday (July 9) expressed serious concerns over the non-compliance of several states in appointing Specialised Adoption Agencies (SAAs) within every district by January 31 2024. The Court has directed the Chief Secretaries of the States and UTs to strictly comply with the earlier order by August 30, 2024 failing which contempt proceedings may be initiated against them....


 

120,000 'stolen' babies: Georgia's trafficking scandal

Georgian student Elene Deisadze was browsing TikTok in 2022 when she stumbled across the profile of a girl, Anna Panchulidze, who looked exactly like her.  

Months later, after chatting and becoming friends, they both separately learnt they were adopted, and last year decided to take a DNA test. 

It revealed they were not only related, but identical twins. 

"I had a happy childhood, but now my entire past felt like a deception," Anna, an English student at university, told AFP. 

Far from an innocent case of separation at birth, the sisters are among tens of thousands of Georgian children who were illegally sold in a decades-long baby trafficking scandal.