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Seeking the Better Interests of Children with a New International Law of Adoption

Much of today’s debate is connected
to two important instruments of international law: the United Nations Convention
on the Rights of the Child (CRC) and the Hague Convention on Protection of
Children and Co-operation in Respect of Intercountry Adoption10 (the “Hague
Convention” or the “Convention”). These two documents disagree over the proper
role of intercountry adoption in addressing the needs of children and their families.
The CRC condones but does not demand adoptive placement for a child who is
deprived of his or her “family environment.”11 Adoption is merely one alternative for
such a child. Other alternatives include foster care or a “suitable institution.”12 Properly interpreted, the CRC does appear to favor adoption, or at least foster care
over institutionalization.13 However, the CRC’s mild approval of adoption is mainly
for adoption within a child’s nation of origin. The CRC endorses intercountry
adoption only if the child cannot be placed in “any suitable manner” in the child’s
nation of origin.14 According to some interpretations, “suitable” placement within the
nation of origin might include an institution or an undefined form of foster care.15
The CRC’s preference for any “suitable” local placement over intercountry adoption
is sometimes referred to as the “principle of subsidiarity.”16 The strict view of
subsidiarity is that intercountry adoption is the last resort for a child for whom there
is no “suitable” local placement.17 The other major international adoption law, the Hague Convention, adopts a
modified version of subsidiarity that moves the rank of intercountry adoption up one
notch, at least for a limited number of nations that have signed the Convention. The
Preamble states that “intercountry adoption may offer the advantage of a permanent
family to a child for whom a suitable family cannot be found in his or her State of
origin.”18 In other words, family placement (adoptive or foster; local or intercountry)
is favored over institutionalization in most cases, but “suitable” local family placement
(foster or adoptive) trumps intercountry adoption. The Hague Convention’s
endorsement of adoption is not as powerful as one might expect given the Convention’s
principle purpose of facilitating intercountry adoption by a set of international rules
and procedures.19 Naturally, a blanket endorsement of adoption for all children in all
situations of need would be inappropriate. Still, the Hague Convention falls short of
speaking clearly to the issues of what constitutes suitable local family placement or
when efforts at local adoption should be abandoned in favor of intercountry
adoption.20 These two documents—the CRC and the Hague Convention—frame the debate:
Does international law fail children by improperly encouraging, discouraging, or
ranking intercountry adoption, and is the law sufficiently protective of children and
other parties involved in adoption? The major participants in the debate can be divided roughly into three groups: cynical critics of intercountry adoption, moderate
critics of intercountry adoption, and vigorous advocates for intercountry adoption.

188 Children Of Odisha Found Adoptive Homes In 2022-23 Fiscal, Says Minister

Bhubaneswar: As many as 188 children of Odisha found adoptive homes in 2022-23 financial year, said Basanti Hembram, Minister of Women and Child Development Department on Wednesday. 

She was speaking at a programme organised to mark National Adoption Awareness Month in Bhubaneswar. “The state government has facilitated adoption of children through 33 specialised adoption agencies across 28 districts. In 2023-24 fiscal, 130 children have been adopted till October 31,” she said at the programme, organised by State Adoption Resource Agency under the aegis of the department.

The objective of the programme was to promote adoption of older children, especially in the age group of 6-18 years, and familiarise the adoption process as well as promotion of legal adoption.

The minister further said, “Our government’s proactive approach to childcare and protection reflects a deep commitment to the well-being of our youngest citizens. Our state stands out for its effective implementation of the JJ Act, 2015. In the realm of adoption programmes, our achievements at the national level are commendable.”

Shubha Sharma, secretary, Women and Child Development Department said the government’s commitment extends beyond the adoption process to the holistic well-being of adopted children. "Support systems are actively being developed to address their unique needs including educational, psychological and emotional aspects.”

New study on experience of adopted people as they become parents

Parenting is always challenging, but for adopted people becoming a mum or dad can be extra demanding, as well as extra special—according to research from the University of East Anglia.

A new study is the first to investigate the lived experiences of adopted people in the UK as they become parents. "How do adopted adults see the significance of adoption and being a parent in their life stories? A narrative analysis of 40 life story interviews with male and female adoptees" is published in the journal Children and Youth Services Review.

It finds that they are affected by issues that link back to their adoption and to difficult experiences in their past—related to loss, rejection, abuse and neglect.

Because of these difficult early experiences, many adoptees experience significant challenges, particularly as teenagers and young adults.

These included mental health problems, emotional and behavioral difficulties, education and employment, relationship problems, and substance misuse.

Several adopted children from Ethiopia appear not to have been given up voluntarily

Research into twelve adoptions from Ethiopia shows that several children were not given up voluntarily. Minister of Welfare Crevits also calls on adoptees from other countries and their families to come forward if they suspect that their adoption file is incorrect.

Adoptive families against the authorities and VG: − One-sided presentation

It will be a "huge disclaimer" if Norway stops adoptions from abroad, several adoptive families believe.


The short version

  • Adoptive families believe it will be a "huge disclaimer" if Norway stops adoptions from abroad
  • Five families also criticize VG's adoption coverage for being one-sided.
  • Sissel Kruse Larsen, who has adopted a daughter from Peru, believes that a temporary halt to adoptions to Norway will have major consequences for children.

 

- From one day to the next, families have their lives turned around by the Norwegian authorities, says Øyvind Bakke Reier to VG.

Kerala adoption row: HC appoints Adv Parvathy Menon as amicus curiae

"For me, the welfare of the girl is paramount. I am scared to send her away. How can I ensure her welfare there," Justice Devan Ramachandran asked. 


KOCHI: The Kerala High Court on Wednesday appointed Advocate Parvathy Menon as amicus curiae to assist the court in the petition filed by a couple seeking permission to return their adopted child and annul the adoption.

The couple adopted the child (now she turned 18 years old) based on the order issued by the Guardian Judge, Ludhiana, Punjab, but they wanted to annul the adoption alleging that she was unable to integrate with the family.

When the petition came up for hearing Justice Devan Ramachandran said that the contents of the report of the Secretary, District Legal Service Authority, Thiruvananthapuram, who interacted with the child, are distressing, particularly as to the plight of the young woman.

It stated that the girl, who recently turned 18 years old, expressed an intense desire to return to her parental state in Ludhiana, Punjab. This may be because she feels forlorn and virtually destitute in Kerala being 'abandoned' by her adoptive parents.

Russian Duma to Ban Adoption by Citizens of Sex Change-Permitting Countries

Russian State Duma has prepared a bill aimed at prohibiting the adoption of Russian children by foreign citizens of those countries that permit sex change procedures to be carried out, the state news outlet Ria Novosti reported on Monday, Nov. 20.

This follows the adoption of a law by Russia in July that prohibited its own citizens from undergoing sex change surgery or treatment.

Speaking at a parliamentary commission meeting focusing on the “criminal actions of the Kyiv regime” against minors, the head of the legislative body’s Committee on Security, Vasily Piskarev, underscored what he saw as the necessity of the proposed legislation.

He said that the primary objective is to “guarantee an adopted child that he will not end up in a same-sex family” and to ensure that the child grows up in what is deemed a “normal family” made up of parents of both sexes.

“In this regard, we have developed a bill that proposes to prohibit the adoption of a child for foreign citizens if a sex change is allowed in their state, both by producing appropriate documents and by using medical and all kinds of forms of intervention,” Piskarev said.

Mia Dambach - Vreaking Through

"I think that at different stages of life, we need to continually adjust our commitments to find a balance that is aligned with our values and priorities."

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?

Challenging the narrative of adoption: Who tells the story?

The narratives around adoption narratives are changing, led by the voices involved. This Adoption Week Scotland, we look at what the award-winning project Whatever Next? tells us about how we can learn from each other and international adoption.

Whatever Next? is an award-winning adoptee-led project which was started in January 2021 by three Chinese adoptees – Addie, Hannah and Jo - who met in Edinburgh at the tail end of 2019. Since then, Whatever Next?, which focuses on how adoption is talked about and represented, has made appearances on BBC Radio Scotland, LBC, and in the Herald Scotland, and is currently working with Solus Productions on a podcast and Adoption UK on a series of webinars. In this blog post, they share some of their thoughts on how discussion surrounding adoption is changing and how they navigate this.

The three of us, Addie, Hannah and Jo met in Edinburgh. Addie had posted on a Facebook group designed for UK-based Chinese adoptees to see if there was anybody in Edinburgh who fancied meeting up in person. Our first few meetings started as cups of coffee and cake dotted around the various cafes of Edinburgh and the project initially began as an experiment to see how some of our views on certain topics about adoption might shift as we grew older. We began recording a few of these with the idea that it might be interesting to listen back to these in a couple of years' time.

Since that first recorded conversation, Whatever Next? has grown far beyond anything we could have imagined and it has been both a great privilege and experience to bring our conversations to other adoptees as well as friends, family and loved ones outside “the adoptive triad” (birth parents, adoptive parents, adoptee).

Three aims we try to strive towards in our work are bridging gaps in dialogues with those outside of the adoption triad; documenting changes in our own thoughts surrounding adoption as we learn more and grow older; and challenging traditional adoption narratives while showcasing the diversity of opinions within the global adoptive community.

Challenging the narrative of adoption: Who tells the story?

The narratives around adoption narratives are changing, led by the voices involved. This Adoption Week Scotland, we look at what the award-winning project Whatever Next? tells us about how we can learn from each other and international adoption.

Whatever Next? is an award-winning adoptee-led project which was started in January 2021 by three Chinese adoptees – Addie, Hannah and Jo - who met in Edinburgh at the tail end of 2019. Since then, Whatever Next?, which focuses on how adoption is talked about and represented, has made appearances on BBC Radio Scotland, LBC, and in the Herald Scotland, and is currently working with Solus Productions on a podcast and Adoption UK on a series of webinars. In this blog post, they share some of their thoughts on how discussion surrounding adoption is changing and how they navigate this.

The three of us, Addie, Hannah and Jo met in Edinburgh. Addie had posted on a Facebook group designed for UK-based Chinese adoptees to see if there was anybody in Edinburgh who fancied meeting up in person. Our first few meetings started as cups of coffee and cake dotted around the various cafes of Edinburgh and the project initially began as an experiment to see how some of our views on certain topics about adoption might shift as we grew older. We began recording a few of these with the idea that it might be interesting to listen back to these in a couple of years' time.

Since that first recorded conversation, Whatever Next? has grown far beyond anything we could have imagined and it has been both a great privilege and experience to bring our conversations to other adoptees as well as friends, family and loved ones outside “the adoptive triad” (birth parents, adoptive parents, adoptee).

Three aims we try to strive towards in our work are bridging gaps in dialogues with those outside of the adoption triad; documenting changes in our own thoughts surrounding adoption as we learn more and grow older; and challenging traditional adoption narratives while showcasing the diversity of opinions within the global adoptive community.