Merely Submitting Adoption Plea Wouldn't Confer Any Rights To Unilaterally Take Child's Custody Without Following Procedure: Madras HC

The Madras High Court has observed that merely submitting an application seeking adoption of a child would not confer any rights on the parties concerned to take custody of the child unilaterally without "scrupulously" following the due procedure.

A division bench of Justice SM Subramaniam and Justice M Jothiraman noted that the procedures contemplated under the relevant statutes have to be scrupulously followed and the committee constituted must assess the couple, including their mindset, capacity, family setup etc.

“Mere submission of an application seeking an adoption would not confer any right to take custody of a child unilaterally and declare the said child as an adopted daughter. Pertinently, the High Court cannot deliberate on these issues, since it involves the 'best interest of the child'. The assessment of the couple seeking adoption, their capacity, mind set, family setup, circumstances, all to be examined scrupulously by the committee constituted for the purpose of making such assessment. Therefore, the procedures as contemplated under the relevant statutes are to be scrupulously followed for the purpose of adoption of a child,” the court noted.

The bench was hearing a habeas corpus petition filed by a couple seeking the custody of a 1 ½-year-old child. The couple informed the court that they had been married for 20 years and since they had not been blessed with a child, they submitted an application seeking adoption in the Central Adoption Resource Authority (CARA), Ministry of Women and Child Development.

The Office of Children’s Issues (CI) and the U.S. Embassy in Addis Ababa confirmed the following with the Ethiopian Federal First Instance Court (FFIC):

1. U.S. citizens of Ethiopian origin may be able to complete intercountry adoptions from Ethiopia. U.S. citizens who cannot satisfy the FFIC that they are of Ethiopian origin are still subject to Ethiopia’s 2018 adoption ban (see CI’s 2018 Adoption Notice.)
2. If the FFIC determines that a U.S. citizen prospective adoptive parent (PAP) can adopt:
            a.The case is no longer subject to the Pre-Adoption Immigration Review (PAIR) process
            b.PAPs who adopt from a public or private orphanage must obtain a best interest determination (BID) letter, while PAPs who adopt a child that is not in an orphanage do not need to obtain a BID letter.

Updated Process For Ethiopian Adoptions

The FFIC will determine on a case-by-case basis whether it considers PAPs to be of Ethiopian origin (diaspora adoptions). The FFIC has not provided definitive criteria it will use to determine which prospective adoptive parents are considered to be of Ethiopian origin, but did indicate that PAPs must be able to demonstrate strong ties to Ethiopia, such as being born in Ethiopia or previously holding Ethiopian citizenship. PAPs will need to provide evidence to the FFIC when applying for an adoption order, such as an Ethiopian birth certificate, Ethiopian passport, or an Ethiopian Origin ID Card (also known as a Diaspora Card or Yellow Card).

Prior to 2018, adoptions from Ethiopia were subject to the Pre-Adoption Immigration Review (PAIR) process.  Under PAIR, USCIS reviewed the child’s eligibility to immigrate before PAPs adopted the child. The FFIC has indicated that this process is not necessary for diaspora adoptions, and accordingly, the PAIR process is no longer applicable to adoptions by PAPs who have been confirmed by the FFIC to be of Ethiopian origin. PAPs of Ethiopian origin may file Form I-600 petitions with USCIS or in-country with Embassy Addis Ababa (note: you must have a valid Form I-600A to file in-country; see our website for more information).

As I walked into my son’s elementary school holding bags of treats for his class, another mother passed by and while smiling asked, “Oh, wow, how many children do you have?”

It’s a simple question for most, but for someone like me—someone who wears the badge of “Birth Mother”—it was triggering. I was taken back as my 4-year-old daughter blurted out, “She has three, but my sister doesn’t live with us. She gave her away.”

Okay, those may not have been her exact words, but it’s how I felt at that moment. There I was, the PTA President, fumbling for a response while gently nudging my daughter along. I quickly replied that my husband and I have two children and moved on, never looking back to see the other mother’s reaction. I couldn’t help but wonder, “Does it ever get easier?” Maybe. Maybe not. It depends on the day.

As I walked into my son’s elementary school holding bags of treats for his class, another mother passed by and while smiling asked, “Oh, wow, how many children do you have?”

It’s a simple question for most, but for someone like me—someone who wears the badge of “Birth Mother”—it was triggering. I was taken back as my 4-year-old daughter blurted out, “She has three, but my sister doesn’t live with us. She gave her away.”

Didier Reynders © Marzia Cosenza / European Commission

Day before yesterday · 2 MIN

ING Bank under scrutiny in money laundering case of former EU Commissioner Didier Reynders

Simon Van Dorpe

Contributions

On Wednesday 22 January, Minister for Children and Families Kjersti Toppe (Sp) received an interim report from the committee that investigates adoptions abroad.

The investigative committee was appointed by the Støre government on 20 June 2023, and will find out whether Norwegian authorities have had good enough control over foreign adoptions, and whether there have been illegal or unethical conditions in connection with foreign adoptions to Norway. The committee must now deliver an interim report which, among other things, contains preliminary findings on adoptions from Colombia and Ecuador. The committee will deliver its final report in December 2025.

See the committee's mandate.Committee leader Camilla Bernt, professor of jurisprudence at the University of Bergen, will present the interim report.After the presentation, there is an opportunity for an interview with the Minister for Children and Families and the head of the selection committee.Time: Wednesday 22 January at 10:00–11:00. Registration from 09.30. Bring your press card and valid ID.City: The auditorium in R5, Akersgata 59.Registration: Press wishing to cover the meeting can register before 12.00 Tuesday 21 January to media@bfd.dep.no.The event will be filmed by the Danish Security and Service Organization (DSS) and can be followed directly on this page.For questions from the press, contact communications advisor Amalie Knudsen by email: Amalie-fosse.knudsen@bfd.dep.no or phone number: +47 926 66 262.

"I was telling anybody and everybody that they need to support 2nd Milk, so I felt like it was my responsibility to find out the truth," Nellya Canfield said

SPRINGDALE, Ark. — Following the federal indictment of the founders of 2nd Milk, a Springdale-based nonprofit aimed at helping orphaned children in Africa and elsewhere, a Tennessee woman involved with the group is coming forward with details of her experience. 

Nellya Canfield said she met Jason and Lacey Carney in 2021. She said she and her husband were in the process of trying to adopt a child from Malawi, Africa when the adoption agency put her in contact with 2nd Milk. 

“Jason really helped me in that," Canfield said. "He's an adoptive dad. He's an adoptee himself, and I think what really put our walls down was the fact that he actually started off as a missionary in Malawi, Africa, so we really felt like he checked every single box to be able to run an ethical nonprofit.” 

It was after meeting, Canfield said, that she and her husband began donating $400 a month to 2nd Milk for several months in a row. 

FAYETTEVILLE, Ark. (KNWA/KFTA) — The unsealed indictment in the Jason Carney case outlines the United States government’s case against the 2nd Milk co-founder in his federal wire fraud trial.

The 29-page document outlines how the prosecutors say Carney misappropriated donations intended to help orphaned children from impoverished villages in Africa.

The federal government alleges Carney and his family used portions of those donations to fund personal travel, boat loans, and routine living expenses.

Misuse of donated funds

In count one of the indictment, conspiracy to commit wire fraud, the government highlights 13 donations made to 2nd Milk from two companies, one individual, and one foundation.

Following a traumatic birth, Ruth Appleby wanted nothing more than to cradle her baby daughter in her arms.

Named Rebecca, she had been whisked away following Ruth’s Caesarean section, and whenever the then 29-year-old asked nurses when she could see her, the reply was always ‘soon’.

It was left to her husband Howard to tell Ruth the devastating news that it would never happen: Rebecca had, inexplicably, died within hours of being born.

As the obstetrician later explained, it was like a ‘bad lottery’.

FAYETTEVILLE — A husband charged along with his wife with fraud involving their nonprofit group has pleaded not guilty in...

MANAUS (AM) – The Missing Persons Brazil and Netherlands Institution (PDBeH) will return to Brazil once again to hold the fourth edition of the project “DNA Mothers of Brazil,” offering registration kits for the International Database. The registration process will take place at the auditorium of the Amazonas State Secretariat of Justice, Human Rights and Citizenship (Sejusc) on January 16th, starting at 3 pm, and on the 17th, starting at 9 am.

Mothers who gave their children up for adoption, unaware of their whereabouts, and wish to find them but don’t know where to begin their search can participate in the registration. According to Anna Catharina, director of PDBeH, this is the most effective way to reunite families.

Participants in the “DNA Mothers of Brazil” project (Courtesy Photo)

“Genetic data cross-referencing is 100% reliable, precise, and delivers results monthly. It’s a way to discover family ties without the need to search in person for where these families are. Once registered, a mother has the chance to find the person they’re looking for, provided that individual is also entered in the Database,” she said.

Anna Catharina further explained that the project came to this conclusion after research revealed that over half of adopted children living outside Brazil are already registered in the International Database.