On 20 June 2022, the Government asked the public’s views on the options for reform. As part of this engagement, the Ministry of Justice meet with a range of individuals and communities both face-to-face and online.

The second round of engagement closed on 7 August. We’ll use your feedback to inform the development of final policy proposals for adoption law reform. This may include refining, changing or adding to the options set out in the discussion document.

On this page:

Options for reform

Discussion document

Justice Chagla was informed by advocates Gauraj Shah and Mahesh Chitnis that their client had approached the HC to probate the Will of her deceased adoptive father in February 2022

However, in the absence of an adoption deed or the consent of her biological father for the adoption, the application for probation of the Will in favour of the 70-year-old was not allowed

Mumbai Stating that if there are other documents which can sufficiently establish the claims of adoption, then an adoption deed or documents showing consent of biological parent is not needed, the Bombay high court (HC) accepted photographs and wedding invitation cards of a 70-year-old woman as proof of her adoption.

The single-judge bench of justice R I Chagla was hearing a testamentary petition of the senior citizen, who was adopted by the deceased testator in 1954 and had sought a declaration that she was the heir of the deceased. However, the Prothonotary and Senior Master had refused to probate the Will as the deed of adoption or consent of her biological father for the adoption was not available.

Justice Chagla was informed by advocates Gauraj Shah and Mahesh Chitnis that their client had approached the HC to probate the Will of her deceased adoptive father in February 2022. However, in the absence of an adoption deed or the consent of her biological father for the adoption, the application for probation of the Will in favour of the 70-year-old was not allowed.

On the basis of the mother’s statement and enquiry, her friend Sonia and their associates Meena, Vineet, Rekha and Moni were arrested from Delhi and UP.

A seven-month-old baby was rescued by the Delhi Police this month after his parents allegedly sold him to a Haryana-based couple for Rs 5 lakh. Police said it was the baby’s mother who informed the Delhi Commission for Women (DCW) helpline about the case and asked for support to get the pending payment as she had allegedly only received Rs 20,000.

The DCW and Delhi Police found that the baby was sold 3 days after his birth at an IVF centre in Ghaziabad and arrested all eight persons, including the mother, in a case of child trafficking. The gang members have allegedly been operating from Delhi, UP and Haryana.

According to the police, the matter came to light on May 12 when the mother called the DCW helpline and confessed she had sold her baby in October 2021 and wanted help with the pending payment.

“We conducted an enquiry and found that the woman gave birth to a boy in October last year at a Malviya Nagar-based hospital. Her friend Sonia got her discharged two days after the delivery and took her to Sangam Vihar. A day later, she took the woman and her baby to an IVF centre in Ghaziabad where the baby was sold to another woman named Meena. The parents were promised Rs 5 lakh in exchange for the child,” DCP (South) Benita Marya Jaiker said.

THIRUVANANTHAPURAM: She was just a year old when a Belgian couple, Maurice and Liliane Pollet, adopted her from The Holy Angels Convent’s orphanage in the state capital. Forty-one years later, Catherine Pollett has set out in search of her biological mother Sarala and unknown father, who she believes are from Thiruvananthapuram. Sister Mary of the convent, who acted as a link during the adoption process, could have been Catherine’s go-to person to trace them, but she is no more.

Kathy, as she is called, has the letters Sr Mary and the Belgian couple had exchanged in the 1980s and a few photos of the ayah, who had looked after her when she was a baby. Catherine is keen to meet the ayah too. She told TNIE from Belgium that her adoptive mother never spoke about Kerala, its culture or her biological parents.

“I was told that my mother had left me in a basket in front of an orphanage. The reason I’m searching for my biological parents is because I have certain health issues. If for any reason my biological family doesn’t wish to see me, I would at least love to see the pictures of my dad and mom,” said Catherine, who had stayed with her Belgian parents until she turned 23.

Sr Angel, the incumbent mother superior at The Holy Angels Convent, told TNIE that nearly 25 infants from the orphanage were adopted by various Belgian couples in the early 80s. “Catherine might have been one of them,” she said.

“I was a young nun back then and was studying at All Saints College. The orphanage was as old as the Holy Angels Convent, the 150th anniversary of which was celebrated in 2019. But the orphanage is no longer functioning. I got in touch with a few senior nuns who were close to the late Sr Mary, but they too are clueless about Catherine’s parents. We don’t know anything about the adoption register either,” said Sr Angel.

People whose adoption did not go well and who want to investigate where their roots lie in their country of origin can receive financial support for this. But they only receive a subsidy for these so-called roots trips if they make them in a group. Minister Franc Weerwind for Legal Protection does not intend to give money for individual trips, he said during a debate.

He wants the subsidy scheme to come into effect by October at the latest. Interest groups can submit project proposals for this. According to the minister, these searches will contain many common elements and questions, such as the role of the embassy in the country in question and where to start a search. He thinks it is better that people make such a journey together so that they can support each other if necessary. As far as he is concerned, these are small groups of no more than five people. The PvdA, among others, disagrees and prefers personal support.

Central mediation organization

The House largely supports far-reaching changes to the adoption system that Weerwind is going to implement, such as the establishment of one central intermediary organisation. These are necessary because a lot has gone wrong with adoptions from abroad for years, a study revealed. Two years ago, intercountry adoption was suspended, because abuses still occurred then.

Weerwind is looking at which countries the Netherlands can enter into an adoption relationship with again. He won't say more about that until September. In any case, it must concern countries that have the same constitutional guarantees as the Netherlands. The minister mentioned Portugal, Peru, Colombia, the Czech Republic and Slovakia as countries that are still being analyzed in more detail.

Jayme Hansen, who has a tremendous range of professional international work experience as well as the lived experience of being a Korean adoptee to the United States, was recently named to the Board of the Intercountry Adoption Accreditation and Maintenance Entity. (IAAME).

According to Inter Country Adoption News:

“Congratulations to Jayme Hansen!! Jayme is our ICAV USA Director and has just been voted in as a Board member of the USA Accrediting Entity, IAAME for a 2 year term. This is the org in the USA who accredits all adoption agencies on behalf of the Dept of State who hold overall responsibility for intercountry adoption. We have been saying to the Dept of State for years now that Lived Experience needs to inform all policy, practice and legislation – so it’s awesome to see they have actively sought lived experience at this level in their key organisation!

Jayme comes in with a wealth of NGO experience and has sat on numerous NGO boards and has done volunteer work for 28 years. IAAME is designated as an Accrediting Entity (AE), under the authority of the Secretary, and as allowed by 22 CFR 96.7(a) to Accredit agencies and Approve persons to provide intercountry adoption services in the United States.

IAAME is a 501(c)(3) organization operated by staff with extensive experience in providing child welfare services, administering child welfare standards, contracting, licensing, monitoring, and both domestic and intercountry adoption services. More information can be found at: https://www.iaame.net/“

Bombay High Court

Bal Anand vs Shaun Farrugia, Maltese National ... on 16 June, 2022

Bench: B.P. Colabawalla

1. fap 9-22..doc

Digitally

Bombay High Court

Bal Anand vs Shaun Farrugia, Maltese National ... on 16 June, 2022

Bench: B.P. Colabawalla

1. fap 9-22..doc

Digitally

More than ever, India is witnessing an increase in divorce cases, multiple marriages, live-in relationships, having stepchildren, children from previous marriage, adopted children, children born out of wedlock. In this article we explain to you the inheritance rights of the partner and the child in context of the succession laws and the court judgements for Hindus in India.

Rights of children from divorced parents:

If you have children from your divorced spouse, then such children (your biological children) would be your legal heirs as specified under the Class I legal heirs of the Hindu Succession Act, 1956. Even if you do not have the custody of your child and do not have any ties with your children, they would still be entitled to inherit your properties unless you prepare a succession plan and mention otherwise. The children from divorced spouse will have an equal right over the properties in addition to the other legal heirs even though you may have settled off the matter with your divorced partner in terms of alimony and maintenance. Your biological children will have a right to inherit from your assets and if you wish to distribute your assets in a different manner due to remarriage, change in relations, then you need to prepare a succession plan accordingly.

Rights of stepchildren:

The Hindu Succession Act, 1956 does not recognize stepchildren (children of your spouse from his/her previous marriage), as natural legal heirs unless you lawfully adopt them. In order to bequeath a share of your property to them, you need to include them under your succession plan. Your step son or step daughter will not have any right in your property because under the Hindu Succession Act 1956, a step son or step daughter does not fall within the purview of a “son” or “daughter” and therefore, has no legal right to your property, unless you specifically bequeath a share to him or her under your Will.

There was a poignant report about adoption in the Volkskrant . 'It is around the age of 18 that Zenebe, who comes from Ethiopia, says out loud for the first time that it might have been better if he hadn't been adopted. Zenebe: 'Then I might live in poverty, but I would live with my family and without this hassle in my head all the time.'

Being able to grow up in the family where you were born is a foundation in human life. I am surprised that in the discussion on custodial placements we are no longer learning from the insights of the adoption debate. In general, adopted children are placed in fairly close-knit families. But even then, adoptees often struggle with attachment problems, trauma and grief for life.

Poverty

Poverty plays a fundamental role in adoption and also in youth care and it leads to children being separated from their parents.

Poverty alone is not a ground for the removal of a child, ministers emphasized time and again after parliamentary questions about the children of benefit victims who have been removed from their homes. 'But the practice turns out to be complicated', commented Mariëlle Bruning, professor of juvenile law. 'The government has a duty to provide money and housing, but in the Netherlands you see that this is often not fulfilled. Due to financial problems, stress can become so high that you as a parent can no longer function well enough.'