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No HC relief to adoptive couple in war with biological parents

MUMBAI: Bombay HC recently declined relief to the adoptive parents of a one-year-old child who had sought its intervention so that they continue to keep him with them.

The couple and the child’s biological parents are battling each other over the boy’s custody in the city civil court. The couple had moved HC to direct the Centre to amend the Hindu Adoption and Maintenance Act, 1956 (HAMA) “with respect to situations where custody is already handed over but consent is withdrawn”. They urged HC to issue norms in such cases to lower courts and pending framing of guidelines to direct the parties to maintain a status quo.

Justices Sanjay Gangapurwala and RM Laddha on September 20, though, said they “may seek appropriate relief before the court where proceedings are filed and pending”. The couple’s petition said they were desirous of a second child and wished to adopt. They had registered with the Central Adoption Resources Authority in November 2019 but there was no progress. In June 2021, they registered with NGO Aham Foundation. On July 16, 2021, its owner Julia Fernandes told them a newborn was up for adoption. While they were apprehensive about it, the child’s mother insisted on immediate adoption. After a small “give and take ceremony”, the adoption deed was executed with the biological parents and they were given custody of the child.

No HC relief to adoptive couple in war with biological parents

TNN | Oct 9, 2022, 01.51 AM IST

The Adoption Industry and the Adoptee Rights Movement

Alex Lipe

Part One: The Adoption Industry

The adoption industry commodifies children as well as parenthood. In the U.S., in 2015, the adoption industry had an approximate revenue of $14 billion. (Claudia Corrigan D’Arcy 2015; IBISWorld).

In this piece I will be asking pressing questions: How can the so-called child welfare industry truly have welfare as its top priority when it so clearly is based on profit? Does the U.S. domestic adoption industry place more value on profit than on child welfare? How have various activist organizations historically challenged legislation in order to secure equal rights for adoptees? What is the history of the modern U.S. adoption industry?

As a jumping-off point, it is important to acknowledge that adoption has roots in colonialism and white saviorhood. Adoption is a tactic of social control that has historically primarily affected working class people, sex workers, women and families of color, and ways of organizing families and childcare that are deemed “nontraditional” or “unconventional” or that are non-U.S.-ian. As we will see, adoption is also closely connected to feminized, informal forms of labor.

RP to SG, Simon Mordue - appeal

Roelie Post

Attachments

Oct 9, 2022, 2:31 PM

to SG-DOSSIERS-ACCES, Simon.MORDUE

For the hands of Ms. Ilze Juhansone,

No HC relief to adoptive couple in war with biological parents

MUMBAI: Bombay HC recently declined relief to the adoptive parents of a one-year-old child who had sought its intervention so that they continue to keep him with them.
The couple and the child’s biological parents are battling each other over the boy’s custody in the city civil court. The couple had moved HC to direct the Centre to amend the Hindu Adoption and Maintenance Act, 1956 (HAMA) “with respect to situations where custody is already handed over but consent is withdrawn”. They urged HC to issue norms in such cases to lower courts and pending framing of guidelines to direct the parties to maintain a status quo.
 

 

Justices Sanjay Gangapurwala and RM Laddha on September 20, though, said they “may seek appropriate relief before the court where proceedings are filed and pending”. The couple’s petition said they were desirous of a second child and wished to adopt. They had registered with the Central Adoption Resources Authority in November 2019 but there was no progress. In June 2021, they registered with NGO Aham Foundation. On July 16, 2021, its owner Julia Fernandes told them a newborn was up for adoption. While they were apprehensive about it, the child’s mother insisted on immediate adoption. After a small “give and take ceremony”, the adoption deed was executed with the biological parents and they were given custody of the child.
In September 2021, the couple filed an adoption petition under HAMA so they could submit the decree for Aadhar card and passport for the child. On March 16, 2022, the civil court dismissed their adoption petition holding adoption deed is not registered, and according to Section 16 of HAMA, “the court shall not presume that adoption is made in compliance with provisions of this Act”.

It further said as biological parents have objected to giving their child for adoption, “the adoption process can’t be completed without their consent”. In June 2022, the couple filed a review petition before the civil court and the biological parents filed for custody of their child.
The couple’s petition in HC said the adoption was complete when the adoption ceremony and signing of the adoption deed was done before a notary. Their advocate Aparna Vhatkar argued that therefore the adoption cannot be cancelled. The petition said the civil court erred in holding that the adoption deed is not registered as per HAMA as nowhere in section 16 it states that the adoption deed is required to be registered.

Advocates Edith and Mikhail Dey for the biological parents opposed the petition saying HAMA is not applicable as the biological mother is a Christian. The prospective adoptive parents and biological parents have to be Hindu to be governed by HAMA.

‘She’s our child’: Moore couple struggles to bring adopted daughter home

MOORE, Okla. (KFOR) – Imagine thinking you’ve finalized the adoption of your child abroad, and then learning you can’t take them home.

That’s exactly the situation that Moore couple Carrie and Ryan Pentecost found themselves in, following the adoption of their daughter Precious.

Their journey to adoption began not long after they were married but stalled while they attempted to walk through the process in another country.

Carrie said they met their match when they set their eyes and hearts on Nigeria.

In August of 2021 the couple matched with their daughter before officially adopting her in September of the same year.

Mother and Baby Homes: Some consequences - like testimonies - are more important than others

Nearly two years after the Commission of Investigation published its final report, survivors are still being ignored, Órla Ryan writes.

HOW MUCH REDRESS should a person who spent less than six months in a mother and baby home as a child get?

How many Commissioners will appear before the Oireachtas?

How many official reports with disputed findings should be repudiated?

How many independent reviews will take place?

SG to RP:Closing letter - 2022/1146 (Timmermans)

SG-DOSSIERS-ACCES@ec.europa.eu

Attachments

Fri, Oct 7, 5:10 PM (19 hours ago)

to me

Hello,

Kindheitsarchive by Caroline Guiela Nguyen

A table, pastel-coloured wallpaper, a play corner for children. Behind it, shelves full of archive folders. We are in an »lnternational Office for Childhood«, an invented place that the French-Vietnamese author and director Caroline Guiela Nguyen came up with after researching for many months in youth welfare offices, agencies for foreign adoption, and meeting people who work there or were adopted themselves. Different life paths cross at this place: a mother finally meets the boy who is to become her son after long years of waiting. He is seven years old and comes from Vietnam. A young teenage girl goes in search of her roots. A grandfather worries about her grandson’s future. They meet the stories of the women who keep this office alive, always aware of their own doubts and questions, their own great responsibility: How do you decide who deserves to be a parent? That it is really best to remove a child from their roots? Wanting to do the right thing does not mean that one cannot be wrong. From Cameroon to Vietnam, from Russia to Germany: Caroline Guiela Nguyen also questions a certain world view, our relationship to other cultures, other people, and the family.

For several years, international adoptions have been increasingly regulated due to abuses by several organizations around the world, but also due to the fact that adult adoptees have spoken out. The best interests of the child and the principle of subsidiarity must be at the centre of every decision. A child may only be placed for adoption abroad if no adoptive parents can be found in the child’s own country. But this precaution unfortunately does not solve all the other questions that adoptions from abroad raise: How is one supposed to grow up and develop an identity with two different first names, with different histories of origin? How does one manage to grow up without the feeling of having been mercifully saved, of having to pay off an eternal debt?

Caroline Guiela Nguyen and her company Les Hommes Approximatifs are developing a production with actresses from the Schaubu?hne ensemble for the first time.

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VPRO documentary prize 2022 to Filho - VPRO

The VPRO documentary prize 2022 was awarded to the Filho crew on Friday 7 October. The documentary tells the personal story of filmmaker Tomas Ponsteen, who was adopted from Brazil as a baby in 1994. The prize was awarded for the fifteenth time by the VPRO to the best graduation documentary of the Dutch Film Academy.

In Filho , Tomas Ponsteen focuses on the question: is it a duty of every adoptee to find his or her biological mother? Even if you don't feel that need at all?

Tomas was adopted as a baby from Brazil. He is satisfied with his life as it is now and does not feel the need to look for his biological mother. But there is much to be done about adoption, and the abuses are great.

With every news item the question arises: what if I have not been surrendered voluntarily? And above all: shouldn't I investigate why I don't feel the need to search? These questions are the starting point for a series of impressive encounters.

verdict of the jury

Ireland Opens Decades of Secret Records to Adoptees

Thousands of people are being promised new rights to information, a potentially momentous step in a country where unmarried mothers were pressured for decades to give up their babies.

DUBLIN — For tens of thousands of people who were adopted in Ireland — or gave up children for adoption there, often under heavy pressure — knowledge that for decades was shrouded in secrecy and shame may now be a mouse-click away.

The Irish government introduced an online service this week that for the first time promises adopted people born in Ireland, wherever they now live, the right to see any information the state holds about them — including the names of their birth mothers. It also offers a free tracing service for anyone, including birth mothers, trying to find relatives lost to them through Ireland’s adoption system.

The authorities are permitted up to 30 days to respond to requests, and adoption rights activists are waiting to see how well the service works. But they say it has the potential to be a significant step in reckoning with a painful national legacy of mistreatment of unmarried mothers and their children.

Over decades, ending as recently as 1998, thousands of pregnant and unmarried women and girls in Ireland were confined to church-run “mother and baby homes,” where they were expected and often pressured to give up their babies after birth. An official inquiry published last year acknowledged poor conditions, high death rates and abuses at the institutions.