MUMBAI: The Bombay high court has said that an 18-year-old rule which stipulates a two-year wait period before guardians are allowed to adopt the children placed in their custody is not a mandatory requirement.

The court came to the aid of a couple, in their 30s, who wanted to adopt a six-and-a-half-year-old child for whom they were appointed as guardians in January 2017.

The child has been residing with the adoptive mother since birth, after his biological mother placed him in her custody.

The court said that the reality today, especially when it comes to education of young children, was different from 18 years ago. "The factual scenario today is very different from what it was merely two decades ago. The question of identity and proof of identity for every living person and citizen has assumed a certain criticality. From the child's earliest days, parents must now have ready at hand, for a multitude of purposes, documentation establishing the child's birth, identity and parentage. One of the most crucial areas is the question of admission to educational institutions. Another is applying for government subsidies for social and financial benefits. In matters of education, things have reached an absurd and even impossible pass where a child has to be registered for admission almost at birth and certainly well before the child is able to speak or walk," said Justice Gautam Patel.

Justice Patel said that the two-year wait period was a court-made rule and was introduced as a matter of caution. The judge said that courts "cannot approach these matters with such rigidity, especially if that comes at the cost of the minor."

Bombay High Court

Vatsalya Trust vs Naga Ravikanth Manchikanti And ... on 21 July, 2022

Bench: B.P. Colabawalla

901-IAP-24-2022.doc

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Wetter am Wochenende: Es wird windig und nass

https://intercountryadopteevoices.com/wp-content/uploads/2020/08/Contemplating-Searching.pdf

The Bombay High Court recently granted guardianship of a minor to her biological parents after she was deemed to be an illegitimate child as a result of being born out of marriage [Sudeep Suhas Kulkarni and Anr. vs Abbas Bahadur Dhanani].

Jean-Philippe LEGAUT

Images of abused, malnourished children, deprived of access to care, crammed into unsanitary buildings: in 1989, international opinion discovered with horror the hell of the "Ceausescu orphanages", to the point that their dismantling was a condition sine qua non of Romania's accession to the European Union.

Beyond the sensationalist representations disseminated by the press and international organizations, the reality of this phenomenon is still largely unknown. One thing is certain: due to a cruel lack of means and qualified personnel, these "children of the State" have, by the tens of thousands, endured for years, without any possibility of escape, the harshness of the living conditions under the socialist regime and daily violence within the institutions supposed to support them.

Based on unexplored national and local sources, on numerous testimonies from former minors in care, but also on his twelve years of observation and social work in the field, Jean-Philippe Légaut shows us why and how these structures condemned those they should have protected.

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Report by Nigel Cantwell (UNICEF) on the rights of children and a practical guideline for the protection of intercountry adopted children.

“The Best Interests of the Child in Intercountry Adoption” is the starting point and conclusion of the jurisprudence on the rights of the child, and a pillar principle of the UN Convention on the Rights of the Child. This book is translated by KoRoot and is a practical guideline for the protection of internationally adopted children.

Kim Do Hyun, the president of KoRoot, mentioned that, “Determining the best interests of children (BID) is the duty of the state.”. He claims that it is an issue that requires the attention to all those directly or indirectly involved in the practice of intercountry adoption like the government officials, family court judges, Family Liaison Officers (FLO), social workers in adoption agencies, legal and institutional frameworks for intercountry adoption, scholars and activists of civil society, overseas and domestic birth families and adoptees, and even domestic adoptive parents.

The book was translated and published as an e-book by the UNICEF Research Institute-Innocenti in 2014.This book thus provides insight into how to carefully and thoroughly do BID for intercountry adoption of children and a guideline to what conditions should be fully considered.

KoRoot is a NGO organization that publishes books about international adoption to introduce diverse perspectives on adoption for diversifying the adoption discourse in Korean society. Some of the books KoRoot published are; Comforting an Orphaned Nation (2008), Outsiders within (2012), Primal Wound (2013), Adoption Healing (2013), Mixed Korean (2020) , and The Global ‘Orphan’ Adoption System: South Korea’s Impact on Its Origin and Development (2021).

Calling all overseas adopted Koreans: Take part in the 1st Survey on Human Rights in Korean Intercountry Adoption (KICA)

A note from the researchers:

You are invited to participate in a survey which is part of a study led by a team of researchers in collaboration with the Korean National Human Rights Commission on the status of human rights with respect to South Korea's intercountry adoption (ICA) program. The purpose of this survey is to:

Assess the status of human rights in ICA involving South Korean children

Identify types of human rights issues in such ICA

39-year-old Barbara Quee, one of the victims to whom 'Spoorloos' linked the wrong Colombian parents, has found her biological mother. "She thought I had died," she tells the 'Algemeen Dagblad'.

"She always thought I died shortly after birth"

Born in Colombia, Barbara was adopted in 1984 by a Dutch couple. Because Barbara wants to know more about her past, she registers for the Spoorloos program in 2005 in the hope of finding her biological parents. Her mother is found by the Colombian fixer (and, as it turns out, con artist) Edwin Vela, who has been matching adopted people with the wrong biological parents for years.

During the broadcast she is told that her mother cannot go public because she is in hiding from the police. "That would have to do with her identity, which would be used for criminal purposes," Barbara looks back. "A story in which I had many questions. Why was Spoorloos able to find her and the police could not?"

The program promises her to go after two brothers, but it remains silent. When Barbara meets another adopted boy in 2008, she decides to start a new search through Edwin Vela, to whom she has to transfer money each time. "It felt like a second chance. I asked Spoorloos for support, but that ultimately did nothing," Barbara continues her story.

South Korea wants to map shady adoption practices with a study of dozens of adoptions from the second half of the last century.

The investigation was enforced by Danish lawyer Peter Regel Møller , himself adopted from South Korea.

South Korea will investigate dozens of adoptions of children who were given shelter in the United States and Europe, including Belgium, in the second half of the last century. These are the adoptions of children who were taken from South Korean parents without permission, especially in the 1960s, 1970s and 1980s. These were often orphans or street children, usually girls. During the adoptions, documents were allegedly forged and identities were deliberately changed. Children were also kidnapped and registered as orphans, or abandoned by their parents.

unmarried mothers

The international adoption of South Korean children started in the years after the Korean War (1950-1953). Initially, it mainly concerned orphans. Thereafter, the emphasis shifted increasingly to "socially unwanted" children, such as those of unmarried mothers, a cultural taboo in South Korea, or those of South Korean mothers and African-American soldiers stationed in the country.