ANNEX “SEARCH FOR ORIGINS” COLOMBIA ACCESS TO ORIGINS IN COLOMBIA Historical context of adoption in the country Adoption was initially defined in the Civil Code Arts. 269 to 287, and the grounds for withdrawing the adoption were the same as those that served as grounds to disinherit a legitimate beneficiary. With the entry into force of Law 140 of 1960, the notion of adoption changed into a protection measure for children, acceding to the fact that, those who had no offspring could have it with the purpose of making the child a beneficiary of the adopter’s parental care and affection, but it denied the possibility of extramarital children being adopted by their father. This changed with Law 75 of 1968. Law 5 of 1975 proposed the irrevocability of adoption in two ways: full and simple. In addition, it provided that only the ICBF and institutions duly authorised by the ICBF may carry out the Adoption Programme. Decree 2737 of 1989 (Juvenile Code) eliminated simple adoption, focusing on the express concept of a protection measure. It also established that all documents and proceedings relating to the adoption process would be kept for a term of 30 years. From this moment on, adoption records began to be preserved and kept in the different archives of the ICBF and IAPAS. Subsequently, Law 1098 of 2006 aligned adoption with the requirements of the CRC and the 1993 Hague Convention on Adoption, structuring the entire rights reinstatement protocol, leaving adoption as the last resort to provide a protection measure for a child. In addition, the legal reserve was reduced to 20 years. The only people who would have access to them are those established by law. For the purpose of a more careful and rigorous approach regarding confidentiality and safekeeping of documents, some years later, all documents pertaining to adoption processes are centralised, either in the Central Archives of the Regional Offices or in the Central Archive at the Headquarters of the Directorate General of the ICBF, where they remain to this day. Source: Miryam Alejandra Toro Mesa. Adopción en Colombia: concepto, evolución legislativa frente al consentimiento y trámite como medida de protección dentro del proceso de restablecimiento de derechos, Pontificia Universidad Javeriana, 2019; Questionnaire on the practical operation of the 1993 Adoption Convention Prel. Doc. No. 3 of February 2020 for the Special Commission meeting for 2021, Question 1.

In recent years, more and more intercountry adoptees have had questions about their adoption history and the adoption procedure.

These questions came to the surface both through stories in the press and through direct reporting to the Flemish Center for Adoption. In order to respond to the various questions and concerns of adoptees, the then Flemish Minister for Welfare, Public Health and the Family, Jo Vandeurzen, decided in 2019 to appoint an independent research panel of experts . The expert panel was commissioned to conduct a study into intercountry adoption practice in the past with the aim of revising the current procedure and thus providing adopted children with more guarantees.

In August and September 2021, the expert panel shared its final findings and recommendations with the competent Minister of Welfare, Family, Public Health and Poverty Reduction, Wouter Beke, and with the Flemish Government.

You can also view the reports yourself.

Final report

In recent years, more and more intercountry adoptees have had questions about their adoption history and the adoption procedure.

These questions came to the surface both through stories in the press and through direct reporting to the Flemish Center for Adoption. In order to respond to the various questions and concerns of adoptees, the then Flemish Minister for Welfare, Public Health and the Family, Jo Vandeurzen, decided in 2019 to appoint an independent research panel of experts . The expert panel was commissioned to conduct a study into intercountry adoption practice in the past with the aim of revising the current procedure and thus providing adopted children with more guarantees.

In August and September 2021, the expert panel shared its final findings and recommendations with the competent Minister of Welfare, Family, Public Health and Poverty Reduction, Wouter Beke, and with the Flemish Government.

You can also view the reports yourself.

Final report

Mia Dambach, Co-Founder and Executive Director for Child Identity Protection, on her work as a children’s solicitor in Australia, why ensuring children’s identity protection worldwide is important and the role of her many backgrounds in her daily life.

Dear Mia, you have studied at University of Sydney were you did a Bachelor in Law and a Bachelor in Commerce with a triple major in accounting, marketing and economics before doing your Master of Laws (LL.M.). How did you end up volunteering at a local children’s court during your studies?

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While I was studying law at the University of Sydney, I wanted to gain some work experience to confirm my desire to work with children. I contacted the local children's court closest to the University to see if they needed any administrative help, which would give me the opportunity to watch the closed proceedings. They offered me work, archiving and writing letters to the children following a decision by the children's court magistrate. This allowed me to get a first-hand look at the cases and types of sentences children were given for different offences. Eventually, they allowed me to be a children's court monitor/officer, which is the person who runs the court in terms of saying "silence, please, all stand" when the children's magistrate enters and leaves the court and also records the different proceedings. After a few months, one of the paid staff went on maternity leave and the Children's Court offered me a part time paid position that I could carry out whilst finishing my law degree. This experience confirmed my desire to work as a children's lawyer as well as to learn the different ways that children could be defended well in court.

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Parents worry about language barrier, as MEA, government officials discuss teaching the child Indian languages

As Ariha Shah, the Indian child taken into parental custody by German Youth Services in 2021 turned three years old, her mother Dhara Shah made another plea to Prime Minister Narendra Modi to intervene in the matter, alleging that German authorities were making no attempt to introduce her to Indian culture. 

Ms. Shah, who was allowed to visit her daughter under supervision last week, says that despite the Ministry of External Affairs’ (MEA) request that German Youth Services or Jugendamt ensure the child is brought up culturally “as an Indian”, Ariha speaks only German and is not being taught English or any other Indian language. She also said that the Jugendamt had turned down a request from the Indian community in Berlin to allow Ariha to attend the Indian Embassy’s Republic Day function.

The Bombay High Court has canceled the adoption of a child given to a couple in Mumbai. The couple had adopted this 4-year-old child just 5 months ago. The child was handed over to Bal Asha Trust from the police station. The child has a habit of overeating

Mumbai: Bombay High Court has canceled the adoption of a 4-year-old child in his interest. In August 2023, the court gave the child for adoption to a couple. The couple had adopted the child by filing a petition through Bal Asha Trust. After 5 months of adoption, the couple complained to the Trust about the child's uncontrolled bad behavior and habits. Also said that he has not been able to develop emotional attachment with the child, hence we want to return the child. For this they are ready to follow all the rules. Let us tell you that the couple already has a daughter. The trust has suggested counseling to the couple to understand the behavior of the child. So that necessary steps can be taken to improve the behavior of the child. Meanwhile, the Trust suggested adoption experts Central and State Adoption Resource, District Child Protection Unit to study the couple's house.

The aspect of the couple's inability to have a child together was examined. Counseling revealed the child's overeating behavior. The couple also talked about picking up food from the child's dustbin. Then the child was taken to the doctor. After blood test, it was found that the child was on the border line of leptin and diabetes. According to the doctor's opinion, the child may be suffering from obesity and other health problems related to diabetes.
 

The child was found at the police station

During counselling, it was revealed that the couple had no emotional attachment to the child, but the child had an attachment to them. With all the reports and the affidavit of the couple, the Trust had filed a petition in the High Court demanding cancellation of the adoption. The child given in adoption was found by the couple at NM Joshi Marg Police Station, which was handed over to Bal Asha Trust.

The case was heard before Justice Riyaz Chagla. During this time, after considering all the reports and affidavits, Justice Chagla canceled the order of adoption dated 17 August 2023. Also instructed the adoption agency to register the child for adoption again.

BY BRIANNA CHAVEZ

KSLNewsRadio

PROVO, Utah — A Provo, Utah woman said she and several other American families living in Haiti are unable to come back to the United States due to a halted adoption process.

Utah woman in Haiti says adoption authority was ransacked

KOCHI: Things seem to be looking up for the Punjabi girl who faced abandonment by her adoptive parents in Kerala. The elderly couple had moved the court to annul the adoption of the 18-year-old, who is now dreaming of a career in fashion design. Following intervention by the Kerala High Court, the state government has facilitated her admission to the fashion design course at Thiruvananthapuram Government Polytechnic. She will also join a Hindi language course offered by Hindi Prachar Sabha to explore opportunities in her home state.  

The couple from Thiruvananthapuram had adopted her as a 12-year-old, on an order issued by the Guardian Judge, Ludhiana, Punjab in 2018. They sought to repeal the adoption on the basis that she was unable to integrate herself into the family. According to the couple, they tried their best to rehabilitate and assimilate the child into the family, but to no avail.

They had adopted her in a difficult phase in their life when they had lost their only son in a car accident on January 14, 2017. TNIE broke the news of the couple approaching the HC to void the adoption last November. The court expressed hope that “there will be a change in the perception and attitude of the parents in time, because, after all, as they say, time is the greatest healer. Perhaps, reconciliation between them and the child could then be a possibility.”

When the petition filed by the couple came up for hearing, amicus curiae Parvathi Menon submitted that the girl had been shifted to Sree Chitra Home, an institution under the state government more suited for adults and that arrangements had been made for her to attend a fashion design course at the Thiruvananthapuram Government Polytechnic. She added that if the girl wants Hindi as the medium of education, then it can also be decided – depending upon the progress that she makes as of now – to shift her to one of the courses to be offered by the Hindi Prachar Sabha. 

The amicus curiae also said that she is trying to obtain support from the government of Punjab and Haryana through the advocate general there, as also the Legal Service Authority, to alternatively explore whether the girl can be accommodated in her home state if that is what she wants in due course. That can be done only with the assistance of Jayachithra S, superintendent of Sudharma Home, where the girl resided before being moved to Sree Chitra Home, and Shaniba Begum, chairperson of the Child Welfare Committee, Thiruvananthapuram, the amicus curiae added.

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