Home  

Guest Column | Amendments to JJ Act are against children’s interests

Beneficial, benevolent and progressive as the amendments to the Juvenile Justice Act may seem to be, they are myopic and do not seem to be in tandem with parallel family law legislations

Both the Lok Sabha and Rajya Sabha have approved the 2021 amendments to the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), which allows district magistrates to issue adoption orders instead of civil courts. Amending provisions of the JJ Act to recognise executive magistrates as a competent authority authorised to issue adoption orders will allow speedier adoption of children.

Beneficial, benevolent and progressive as the proposals may be, they are myopic and do not seem to be in tandem with parallel family law legislations. The cited reasonings — delay in civil courts and adoption processes being non-contested litigations — ignore the “interest and welfare of child” principle. The purpose defeats the ends. Further, it may create statutory conflicts with contradictory and inconsistent interpretations in issues relating to marriage, adoption and guardianship. The wholesome solution then may be to not amend the act or incorporate similar amendments in other existing laws.

Adoption of children under the JJ Act, which is outside the scope of the provisions of the Hindu Adoption and Maintenance Act, 1956 (HAMA), is guided by Sections 56 and 57 of the JJ Act, wherein irrespective of religion, orphan, abandoned and surrendered children can be made wards of single or divorced persons as per procedure laid down under the Adoption Regulations, 2017. The process entails a robust and protective mechanism routed through the Central Adoption Resource Authority (Cara). Ultimately, under the JJ Act, all Cara approved adoptions require an adoption order from a court, which under the JJ Act “means a civil court, which has jurisdiction in matters of adoption and guardianship, and may include the district court, family court and city civil courts.” Section 61 of the JJ Act mandates that before issuing an adoption order approved by Cara, the court shall satisfy that the adoption is for the welfare of the child, as per the wishes of the child and without consideration, payment or reward for the adoption.

Interpretation of “court”

Political decisions behind Korea's adoption curve

This is the 12th article in an adoption series. So far, this series has covered the right to origin of adoptees from Korea. The second phase of the series will discuss the historical development of the politics surrounding inter-country adoption with an aim to move beyond those sad stories of the past often depicted in the media. Instead, the next set of articles will illustrate how the system of inter-country adoption that led to such stories remains to this day and continues to govern the politics of adoption.

By Lee Kyung-eun

History is the sum of the choices that we, as a nation, have made thus far.

This graph shows the number of children who were born in this country but left shortly after birth (more than 90 percent were under the age of one) to become the sons and daughters of families in Western countries. Each dot on the graph represents human beings cast out of the protection of this nation.

While more than 80 countries throughout the world have sent their children overseas for adoption, Korea's experience remains noteworthy. It began as the birthplace of inter-country "orphan" adoption in 1953 and has persisted in engaging in the practice. This nearly seven-decade-long history of exporting children is not found anywhere else in the world and has led people both inside and outside the country to ask, "Why can't this country stop this practice despite its economic achievements and progress?"

After many problems, the couple pushes their baby in the arms of the notary: 'I am deeply moved'

Guys they are, but nice guys. They want to crown their years of love with a child, a baby of their own. But how do you get a baby as a gay couple? Adoption is the only option.

Because they absolutely want a baby of their own, an older child is not adopted and they have to look for a surrogate mother. He will, inseminated with the semen of one of the two, give birth to a child and give it to them after birth. The search for a suitable surrogate mother begins.

Co-aging with your best friend. Sounds like a dream scenario, it is, but actor Rick Paul van Mulligen (38) and his husband René (33), fathers of two children, sometimes run into the law as a modern family. Read it on Kek Mama .

They do not like a Dutch surrogate mother. Friends of those who have chosen this path had to deal with a surrogate mother after the birth of their child, who started to act very difficult. A surrogate mother from an Asian country is also not an option. It is true that you can find one relatively cheaply and easily in countries such as Thailand or Vietnam, but the young and poor women who act as surrogate mothers are often exploited. They don't want to cooperate.

On their quest they end up in the United States. There, surrogacy is well regulated by law and, as far as is known, there is no exploitation of women. A surrogacy followed by an adoption will be very expensive in the US, but because both men have a good salary, they can afford it.

Puthuppally couple adopts four girl children from Pune station

Gandhinagar( Kottayam): Fate and fortune intertwined to bind the couple Thomas and Neena with

four little girl children. In 2019, Puthuppally natives P A Thomas and Neena planned for a Mumbai

trip. But they could not get train tickets. Hence they booked tickets to Pune station and decided to

board a train to Mumbai from there. At the station, their eyes focussed on four little sisters sitting in

a corner of the station. Thomas went near them and tried to talk with them and identified that their

Abandoned in an orphanage in Cluj, adopted in Germany. Alex is now an activist and has traveled the world

Abandoned in a center in Cluj, Alex Kuch had the chance to be adopted by a family from Germany. He moved to New Zealand, where he graduated from university, and has now returned to Germany.

Before he was adopted, Alex used to sway back and forth, due to a lack of affection and stimulation, things he did not receive in the orphanage.

At the first psychological evaluation after he was adopted and taken to Germany, a psychologist told his parents that Alex would not be able to lead a normal life, he would barely finish high school, and the university, no way.

In short, the psychologist said that Alex will not be able to have what society considers a normal life. "Well, it seems the psychologist was right. Indeed, Alex has not led a normal life so far ... Alex was adopted from an orphanage in Cluj-Napoca, in 1997, by a family from Germany. In the 24 years since his adoption, Alex has traveled the world. In 2006, his parents moved to New Zealand and since then, every year they have spent their holidays in the most attractive places in the world ", said Azota Popescu, president of the Catharsis Association, who invited him many times in Romania.

Graduate in New Zealand

Shortage of foster families for siblings who want to stay together

Shortage of foster families for siblings who want to stay together

There are too few foster families in Flanders that are willing or able to care for children who are closely related. That is what Foster Care Flanders says. In April, a bill was approved in our country, allowing, for example, brothers or sisters to stay together after the divorce of their parents. But it appears that childcare with a foster family is more difficult to organize for children who want to stay together.

Joppe Matyn

Fri 20 Aug 07:16

Pleegzorg Vlaanderen does not have figures about the shortage of foster families who want to take in children who are each other's brother or sister. "But we do see, for example, that in the province of Limburg there are currently six files where no shelter can be found for children who want to stay together," says Jan Brocatus of Pleegzorg Vlaanderen in "The morning" on Radio 1. "And we can. state that the situation is similar in every province.

Leena went back to native India: 'Grateful that I grew up here'

In this summer column, six people tell us which summer will be etched in their memory forever. This week: Leena de Wilde (33) was seven months old when she flew from her native India to her adoptive family in Groningen. Twenty years later, she visited the children's home where she lived for the first few months for the first time. "If my disability had been discovered then, I would never have been adopted."

You might already know Leena de Wilde (33). At the age of nineteen she took part in the Mis(s) Election, an initiative of former presenter and CDA MP Lucille Werner, for women with a physical disability. Since then, Leena has made her job of posing for the camera and moving from casting to casting. As a result, she regularly appears in commercials, videos and campaigns.

"I want to make a positive contribution to the image of people with disabilities. I've had a wheelchair since I was three, so I've been sitting all my life. I don't know any better. I don't experience many disadvantages, I want to show that " says Leena cheerfully.

When Leena was eighteen months old and had been living with her adoptive parents in Groningen for a little over a year, she was diagnosed with cerebral palsy (a posture and movement disorder caused by damage to the brain, ed.). This limitation would be a result of oxygen deficiency at birth.

"I was born on the street in Mumbai, India. As far as I know, my biological mother took me to Bal Anand orphanage shortly after I was born, because she was unmarried and did not have the financial means to take care of me. My parents never I put a lot of emphasis on my physical disability and in my upbringing always looked at what is possible. I took that positive attitude from them."

Leena returned to her native India: 'Grateful that I grew up here'

In this summer column, six people tell us which summer will forever be etched in their memory. This week: Leena de Wilde (33) was seven months old when she flew from her native India to her adoptive family in Groningen. Twenty years later, she visited the children's home where she lived for the first time. "If my disability had been discovered then, I would never have been adopted."


You might already know Leena de Wilde (33). At the age of nineteen, she participated in the Mis(s) Verkiezing, an initiative by former presenter and CDA MP Lucille Werner, for women with a physical disability. Since then, Leena has made her job of posing for the camera and goes from casting to casting. As a result, she regularly appears in commercials, videos and campaigns.

"I want to make a positive contribution to the image of people with disabilities. I've been in a wheelchair since I was three, so I've been doing everything sitting down my whole life. I don't know any better. I don't experience many disadvantages, I want to show that," says Leena cheerfully.

When Leena was one and a half years old and had been living with her adoptive parents in Groningen for almost a year, she was diagnosed with cerebral palsy (a posture and movement disorder caused by damage to the brain, ed.). This disability was said to be a result of oxygen deficiency at birth.

"I was born on the streets of Mumbai, India. As far as I know, my biological mother took me to the Bal Anand orphanage shortly after I was born, because she was unmarried and did not have the financial means to take care of me. My parents never put much emphasis on my physical disability and always looked at what was possible in my upbringing. I inherited that positive attitude from them."

Delhi High Court issues notice to adoption authority for causing delay in giving child to OCI couple

The Delhi High Court has issued notice to the Central Adoption Resource Authority (CARA) in a petition filed by a couple, who are Overseas Citizen of India (OCI) card holders and had registered with CARA for adoption of a child in 2018.

A Single-Judge Bench of Justice Rekha Palli was on Monday hearing a plea to treat the petitioners at par with Non-Resident Indians (NRIs) and Resident Indian Prospective Adoptive Parents (PAPs) in

terms of seniority of adoption and direct CARA to refer the child legally free for adoption to them.

According to the plea, the petitioners are OCI card holders and have been residing in India since 2017. They registered with CARA for adoption of a child on March 22, 2018 and their date of seniority was from May 16, 2018, yet they have not received a referral for a child.

The petitioners claimed to know PAPs, who have registered in August, 2018, with the same

Widow of notary Ivan Barbara denies client funds were used for adoption

The widow of notary Ivan Barbara breaks her silence and denies benefitting from money held in escrow by her late husband or that the funds were used to adopt her daughter from India

The widow of notary Ivan Barbara is denying client funds held in escrow by her late husband were used to adopt their child from India.

Rosanne Barbara Zarb said in a letter sent to the media that she had no involvement or connection with her late husband’s profession.

This is the first time that Barbara Zarb broke her silence after clients of her late husband who had deposited funds on promise of sale agreements were left chasing their money.

Ivan Barbara died earlier this year from COVID-19 in India. He was there, along with his wife, to adopt a child.