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Ariha case: German court rejects Indian parents custody pleas, hands over child to local agency

While denying custody to Ariha’s parents or the Indian Welfare Services, the court relied on two injuries that she had suffered — a head and back injury in April 2021 and a genital injury in September 2021


A district court in Pankow, Germany, has in two judgments dated June 13  denied the custody of Ariha Shah — the 28-month-old — to her biological parents and handed her over to Jugendamt, the German youth services.

Rejecting the application of Dhara and Bhavesh Shah to return the child to them directly or at least hand her over to a third party, the Indian Welfare Services, the court awarded Ariha’s custody to Jugendamt and ruled that “the parents are no longer authorised to decide on the whereabouts of their child”.

On June 3, Ministry of External Affairs spokesperson Arindam Bagchi urged the German authorities “to do all that is necessary to send Ariha to India at the earliest, which is also her inalienable right as an Indian national”. Earlier in June, 59 MPs from 19 political parties, including the BJP, Congress, the Left and the Trinamool Congress, had written a joint letter to German Ambassador to India Philipp Ackermann and asked him to do everything possible to ensure that Ariha was repatriated to India at the earliest.

With the Central Youth Welfare Office of Berlin being appointed Ariha’s provisional guardian by the court, it said the authority shall decide on her whereabouts. The parents had initially sought Ariha’s custody but had withdrawn the request. They had then requested that the child be given to the Indian Welfare Services and to restore parental custody in full, with the understanding that she would be moved to the foster home run by Ashok Jain in Ahmedabad. The parents also planned to move back to India with her.

Alma Feenstra afdelingshoofd Uitvoering van Beleid bij SZW | Nieuwsbericht | Algemene Bestuursdienst (Alma Feenstra, head of the Policy Implementation department at SZW | News item | General Administrative Service)

Alma Feenstra will start as head of the Policy Implementation department at the Service, Partnerships and Implementation (DSU) department at the Ministry of Social Affairs and Employment with effect from 1 July 2023.

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Alma will lead the Policy Implementation department. This department implements a large number of European regulations. Examples include the European Social Fund +, the European Migration and Security Funds and the Just Transition Fund (JTF).

Ingrid Vanhecke, director of DSU: “I am very happy with Alma's appointment. Alma is an energetic and experienced manager who, with her style of situational leadership and working from trust, fits well with the team leaders and employees of the department. In addition, she brings in knowledge and insights from outside, about applicants and users of schemes, and she has a relevant network outside SZW. Alma also brings political and administrative insight, with which she will make a valuable contribution to the department, management and SZW.”

HISTORICAL STUDY OF ILLICIT PRACTICES IN INTERNATIONAL ADOPTION IN FRANCE

Background to the study In 2021, 

 

Yves Denéchère, professor of contemporary history at the University of Angers and director of the TEMOS research laboratory (CNRS UMR 9016), proposed to the Mission de l'adoption internationale (MAI) that a historical study be carried out on illicit practices in international adoption in France. On the basis of a scientific project that he had drawn up, the Ministry of Europe and Foreign Affairs (DFAE, Direction des Français à l'étranger et de l'administration consulaire - MAI) agreed to fund a 12-month post-doctoral mission (year 2022) and signed an agreement with the University of Angers and the TEMOS laboratory. Fabio Macedo, a PhD in history with a thesis on the history of adoption (EHESS, 2020), has been recruited by the University of Angers as a postdoctoral researcher to carry out this work under the supervision of Yves Denéchère. The agreement binding the parties, signed in December 2021, stipulated that the research work was to produce a "Historical study of illicit practices in international adoption in France". It was agreed that the scientific direction and orientations of the research would be the sole responsibility of the laboratory, that the Ministry of Europe and Foreign Affairs would not be involved in its drafting, which was strictly respected, and that the research report would be disseminated freely. This is why the document has been posted on the HAL SHS portal. After an introduction defining the purpose of the research and placing it in the current context, particularly European, this document is divided into four parts. A review of the academic literature analyses how, by whom and why illicit practices in international adoption have been studied (I). The bibliography lists the books and scientific articles published on the subject (II). The main part of the research report consists of an annotated guide to the sources - archives, audiovisual sources, the press - used to document illicit practices (III). Finally, t

Plea in Delhi HC challenges adoption rules limiting 2-child parents from adopting 3rd 'normal' kid - Daijiworld.com

New Delhi, Jun 13 (IANS): A petition in the Delhi High Court challenges the modifications made to the Adoption Regulations under the Juvenile Justice (Care and Protection of Children) Act, 2015.

Justice Pratibha M. Singh was hearing a plea by Jesi Jeevarathinam, who has two biological children and had applied to adopt a child in December 2020.

The changes in the Regulations prevent parents who already have "two children" from adopting a child without any disabilities, as defined by the Rights of Persons With Disabilities Act.

It is Jeevarathinam's case that she had applied for the adoption of a third child under the Adoption Regulations, 2017, which was in effect at that time and only prohibited parents with "three or more children" from adopting a child without any disabilities.

The petitioner has argued that the decision by the Steering Committee Resource Authority to implement the Adoption Regulations, 2022 with retrospective effect is arbitrary, unreasonable, and violates Article 14 of the Constitution.

CWC rescues 13 children from orphanage

Srinagar, June 16: Child Welfare Committee (CWC) today rescued 13 children from an orphanage at Bypass here.

CWC Srinagar chairperson Dr Khair-un-Nissa said acting on a tip off, she raided an orphanage at Bypass and rescued the children.

“An inmate has died under mysterious circumstances in the orphanage and police has lodged a case. I have during my earlier visit to the orphanage given notice to the owner as he was running the orphanage illegally. We will be taking action against him for mistreating the inmates,” she added.

 

“The role of child care institutions is to provide a safe, secure and family environment to the children. Abandoned, surrendered, orphan, victim of abuse, conflict children are registered in these orphanages. We have certain provisions for these enrolled children like sponsorship in which we can sponsor, adoption or foster care, “she said.

'I was simply wrong about myself', Montana teen blames TikTok for false transgender identity, decides to detransition

After living as a male for two years, a teen from Montana decided to detransition, realizing that she had been misled by online trends and influencers


In a case that highlights the influence of social media, a teenager from Montana has opened up about how TikTok led her to believe she was transgender. Ash Eskridge, now 16, revealed that after spending countless hours on the popular app during the pandemic, she became convinced that transitioning was the solution to her struggles with depression.

Ash Eskridge, now 16, revealed that after spending countless hours on TikTok, she became convinced that transitioning was the solution to her struggles with depression.

However, after living as a male for two years, Eskridge has decided to detransition, realizing that she had been misled by online trends and influencers. Her story sheds light on the complex issues surrounding gender identity and the impact of social media on vulnerable individuals.

TikTok Effect: Misleading Content and Vulnerability

There’s no law says a charity can’t hold views you disagree with. Even on gender-identity issues

If someone had said to me a few years ago that one of the most controversial subjects I’d ever write on would be women’s freedom to assert their rights to single-sex spaces, services and sports, I’d have thought they were crazy. I wouldn’t have believed that in a mature democracy people would lose livelihoods, be kicked off degrees or be issued with unlawful police warnings after expressing the belief that sex remains materially relevant in society, a moderate and widely shared view that remains the current legal position in the UK. But the bullying tactics of campaigners who believe that the gender with which someone identifies should, without exception, override their sex, plus the lack of leadership across many big institutions, means this is where we have ended up.

 

The latest entry in the so-mad-you’d-barely-believe-it column is the unsuccessful attempt by the trans charity Mermaids to get LGB Alliance stripped of its charitable status, in a legal fight that has gone on for years and cost both sides hundreds of thousands of pounds. They have opposing views on sex and gender, and what constitutes appropriate healthcare for children questioning their gender.

Mermaids is an established charity – it was awarded a grant of £500,000 from the national lottery fund in 2019 – which has lobbied the NHS to make puberty blockers and cross-sex hormones available to younger children with gender dysphoria.

LGB Alliance is a fledgling “gender critical” gay rights charity that says gender identity cannot replace sex in society. It argues that being gay is a matter of same-sex (not same-gender-identity) attraction and lesbians have the right, without being called bigoted, to assert sexual boundaries that exclude males who identify as lesbians. It is also concerned that gender non-conforming young people struggling with same-sex attraction are being encouraged on to an irreversible pathway to medical transition.

Adoption Deed Valid For Changing Father’s Name On Birth Cert: HC

The Gujarat High Court has ruled in favour of using a duly registered adoption deed as valid proof to change the father’s name in a child’s birth certificate. The court emphasized the binding nature of a registered adoption deed on the Registrar of Births and Deaths, which cannot be ignored or disregarded.
The bench of Justices N V Anjaria and J C Joshi, stated, “The outweighing aspect in the facts of this case is that the change of the name of the father was prayed for on the basis of the Registered Adoption Deed. The petitioner became the adoptive father of the child in view of the execution of the Registered Adoption Deed. The Registered Adoption Deed is binding to the authority under the Registration of Births and Deaths Act.”
The court added, “Once it is a registered deed of adoption, its validity and effect cannot be called in question by the respondent authority. The Registrar is bound in law to incorporate change in the register of Births and Deaths on the basis of the Registered Adoption Deed. The same cannot be ignored or disregarded for its effect.”
The ruling was given during a series of appeals heard by the bench. These appeals were launched by the Registrar of Births and Deaths department against orders issued by a single judge of the HC permitting changes in birth certificates based on adoption deeds.
One such case concerned a man who married a widow and legally adopted her child. He drew up an adoption deed and requested to replace the child’s biological father’s name with his own. Despite this, the Birth and Death Department denied the application.
After taking the case to the Gujarat HC, the man received a favourable verdict. However, the Registrar of Births and Deaths then challenged this verdict before the two-judge bench, arguing that an adoption deed does not mandate the department to alter a name.
The registrar maintained that corrections could only be made if the entry was flawed, fraudulent, or improperly made. He contended that no grounds existed under Section 15 of the Registration of Births and Deaths Act, 1969 to permit the name change.
The court, after careful consideration of prior judgments and legal principles, dismissed the appeal and rejected this argument. The court’s judgement sets a legal precedent regarding the weight and significance of adoption deeds.

Extra incentive for a project on care and guidance: which project did the jury choose?

At the beginning of April '23 we launched a call . Organizations for adoption stakeholders could submit ideas for a joint project, in collaboration with at least 2 other organizations. The applicants were eligible for a one-time incentive, consisting of financial support and the opportunity for guidance.

Adoption Support Center launched this one-off call in the context of the policy action 'expansion of accessible care and guidance' and the policy recommendation 'professional development of peer contact for adoption stakeholders' from the 'care and guidance' working group.

We received 4 nice applications. An independent jury assessed these applications based on the submitted file and a presentation round of all projects.

From the applications received, the jury selected 'Round & about adoption' as the best project. We wish the initiators of the project congratulations!

We would also like to thank the other submitters for the wonderful projects and the commitment they have shown in presenting their projects.

Round & about adoption

The Round & about adoption team consists of Binnenlandsgeadopteerd.be , Association for Adopted Child and Family , Adoption Schakel Connecteert and a-Buddy .

What exactly does their project entail? We asked the initiators themselves.

A roundabout, a roundabout, round & about, round & about adoption...

Turning at a roundabout and missing the exit, you do the tour again and are still unsure which exit to take. Everyone feels insecure sometimes.

That feeling is common among adoptees. How do you learn to create more security ? What tools can you take to get out of this situation? We want to make these tools a little more tangible through inspiring stories .

Every story is different, everyone experiences her or his adoption or bond with adoptees in their own way. There are many different, contradictory feelings associated with it. By letting everyone tell their story, we try to reflect the complexity . In this way we try to raise society's awareness. We want to give the floor to those involved in adoption (first parents or birth parents, adoptees, adoptive parents, partners of adoptees, adult children of adoptees, other family members, friends, teachers, etc.)

through a podcast

. The need and idea of ​​this project comes from the dominant social discourse that adoption is only a fairy tale. By sharing stories we want to highlight the dark side, without destroying the feelings of good stories. We especially want to create a realistic picture of adoption.

We will place a call through various media. In this way we want to reach as many adoption stakeholders as possible . With this we want to demonstrate that the adoption triangle is no longer up to date. There are many more people involved than just the adoption triangle. Consider, for example, partners of, children of, etc. We will also work on a concrete work bundle for education

, among other things . This way, several people can work with our material to make society more adoption-sensitive. We will organize an event in November 2024. Here we will take the opportunity to share the podcast with the world. Everyone is welcome to come and listen to the stories and talk to fellow sufferers. Contact with fellow sufferers, making society more sensitive to adoption, offering concrete tools to education, networking, aftercare and recognition are central to this project. We get to work enthusiastically. See you soon!





 

Posted in: Current

A Lifetime Home for Women and Girls: The Daughters of Shishur Sevay

The Government wanted to empty Shishur Sevay and fill it with new children. That was their plan. We simply would not allow that to happen and it didn’t.

In the life of every orphan child there is a time when suddenly every person, every place, every landmark they have known is gone! No thing and no one is familiar, and the orphan is powerless. That simply would not happen to the Daughters of Shishur Sevay. By the government’s intent, our older girls would be out on their own, living elsewhere. Our disabled girls over 18 would be housed in institutions. Our under 18 would be put up for adoption, ignoring that three girls are already 17 years and severely disabled. The fourth is 13 and the most severely impaired. But to these government officials who were under pressure to place children, our children were just inventory that needed to be moved to make room for new inventory. Gone would be everything that had allowed the our girls to thrive within a family/community of sisters, care-takers, aunts, “mummy”, the people they loved and who loved them. The tagline of our Shishur Sevay logo is, “To not Feel Alone in the Universe.” The orphan child, particularly the severely disabled child is certainly alone in the universe.

 

I’d known for a few years there would be a challenge as the new Juvenile Justice Act had removed the category of Small Group Homes from its hierarchy of care. Previously the small group home was the last stop before institutioalization. Under the Juvenile Justice Act, the insitutions are formed with groups of minimum 25 children, while the disabled children are in separate units of ten children each. There is no inclusion. Under the JJ Act, children are also segregated by age. Children under six years are the youngest, then 7-11 years, 12-18 years and after 18 they are released or moved to aftercare until 21, or at most 23 years. The JJ Act is/was developed to address the large numbers of children living on the streets, and the abuses that took place within the existing institutions at the time. My understanding is that small group homes were omitted because of expense. Our problem with the JJ Act was that it didn’t apply to us. When we were founded in 2006 we made the choice not to take government aid because that would require us to “discharge” our girls at 18. We have never taken government funds. We promised the girls permanence. The moment we took in the children with disabilities we understood we were committed to lifetime care.

Beginning in 2019 we met with government officials to argue we should not be licensed under the JJ Act because we did not meet the criteria. We lacked the required space. We even lacked beds because we were so small. We sleep on mats in the big room, myself included. Our census was 12 while the minimum was 25. Our ages range from 9 to 25 years, and we are inclusive — abled and disabled, younger and older, all living together in a family style. We were threatened with being closed down if we did not apply and receive JJ Act Registration. When we went to the people who could approve a women’s home they said we had to wait for all the girls to pass 18 years but we still could not be inclusive. To quote them, “You cannot have the handicaps and normals under the same roof.”