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Father who took away his child from mother's custody cannot be booked for kidnapping: Bombay High Court

A father who took away his child from the custody of the mother cannot be booked for kidnapping under the Indian Penal Code, the Nagpur bench of the Bombay High Court recently held [Ashish Anilkumar Mule vs State of Maharashtra].

In the absence of any prohibition by the order of a competent court, the applicant-father cannot be booked for taking away his own minor child from the custody of his mother, the Court ruled.

A division bench of Justices Vinay Joshi and Valmiki SA Menezes quashed a case registered against a man under Section 363 (kidnapping) of IPC for allegedly taking away his three-year-old son who was under his estranged wife's custody. 

In a judgment delivered on October 6, the Court said that no biological father could be booked for kidnapping his own child merely because he took away the kid from his wife.

"The effect of natural father taking away the child from custody of the mother in real sense amounts to taking a child from the lawful guardianship of the mother to the another lawful guardianship of the father. Natural father of the minor child is also a lawful guardian along with the mother, and therefore, father of the minor cannot be said to have committed the offence of kidnapping," the Court held. 

Mumbai: District Child Protection Cell To Implement Adoption Process Between Nov 14 To 21

At present the Central Government has established the Central Adoption Regulation Authority regarding the Adoption Law
 

Adoption process will be implemented under the District Child Protection Cell in Mumbai Suburban District. The period from November 14 to 21 is Adoption Month and couples who want to adopt a child will have to register on the website cara.wcd.gov.in. All the process is done online. District Women and Child Development Officer BH Nagargoje has appealed that for more information about this, contact the District Women and Child Development Officer of Mumbai Suburban District.

At present the Central Government has established the Central Adoption Regulation Authority regarding the Adoption Law. This organisation is working under the Ministry of Women and Child Welfare. Also, the system working in this regard in every district is functioning as District Child Protection Cell. Couples who want to adopt a child will have to register on the website cara.wcd.gov.in. 

For more information in this regard, contact office of the District Women and Child Development Officer for Mumbai Suburban District, Mumbai Suburban Administrative Building, 1st Floor, 2nd Phase, R. C Chemburkar, Mumbai-400071 or contact on phone number 022-25232308.

 

The protection of children's rights in the international reproductive market

NB! This program has been canceled due to the storm.

The number of children born through artificial reproduction is increasing worldwide. IVF, artificial insemination, surrogacy and sperm and egg donation offer opportunities to prospective parents. At the same time, these techniques have now become part of a global reproductive market. How can children's rights be protected in this high-tech, international and economic context? Britta van Beers will deliver the 2023 Miek de Langen lecture.

Children's rights also deserve protection in the regulation of the international reproductive market. In her lecture, Van Beers will discuss two current developments: large-scale donation of sperm and eggs, as is currently being promoted by mass sperm donor Jonathan M.; and international surrogacy, which is on the current political agenda due to the recent surrogacy bill.

There is debate about what exactly protection of children's rights means in this context. Firstly, at the time of the reproductive choices there is not yet a born child, but a possible future child. This makes it difficult to determine what is owed to these children.

A second complicating factor is that the reproductive market and 'reproductive tourism' are cross-border phenomena. Internationally operating sperm banks, IVF clinics and surrogacy mediators offer various 'reproductive services and goods' to Dutch prospective parents for a fee, not all of which are in accordance with the principles of the Dutch legal order. This raises the question of how far the responsibility of the Dutch state, Dutch prospective parents and Dutch fertility doctors extends in protecting children's rights in this international setting.

Child Abduction in Bhopal: Accused Forged Adoption Certificates to Sell Kids to Couples

Children whose names have been mentioned in the forged adoption letters found with accused Shakti Devi and Archana were being traced.

Bhopal (Madhya Pradesh): The doctor and four other accused arrested on charges of child abduction and human trafficking have made a startling revelation to police. The crime branch officials said that on Wednesday during interrogation, accused Shakti Devi, doctor and Archana said they used to forge adoption certificates of kids and would hand them over to other couples for money. The doctor was arrested by crime branch police from Delhi.

DCP (crime) Shrutkirti Somwanshi revealed the name of Ashok, an accomplice of doctor and Shakti Devi, and said no FIR has been registered against him. He is being questioned.

Meanwhile, police have found biological parents of child named Angel (2). Her parents belong to Delhi and have been called to Bhopal for questioning. As per police’s claims, their DNA test will be conducted to ascertain whether they are Angel’s biological parents.

Kotwali police station house officer (SHO) Kashiram Kushwaha said that the children whose names have been mentioned in the forged adoption letters found with Shakti Devi and Archana were being traced. Police cyber cell has been engaged to expedite investigation.

Evidence of illegal adoptions of children from ten countries of origin in Switzerland, 1970s to 1990s

Departement Soziale Arbeit Institut für Kindheit, Jugend und Familie Hinweise auf illegale Adoptionen von Kindern aus zehn Herkunftsländern in der Schweiz, 1970erbis 1990er-Jahre Bestandesaufnahme zu Unterlagen im Schweizerischen Bundesarchiv

Evidence of illegal adoptions of children from ten countries of origin in Switzerland, 1970s to 1990s: inventory of documents in the Swiss Federal Archives

Please use this identifier to cite or link to this item: https://doi.org/10.21256/zhaw-2426

Publication type: Working paper – expertise – study
Title: Hinweise auf illegale Adoptionen von Kindern aus zehn Herkunftsländern in der Schweiz, 1970er- bis 1990er-Jahre : Bestandesaufnahme zu Unterlagen im Schweizerischen Bundesarchiv
Authors: Ramsauer, Nadja
Bühler, Rahel
Girschik, Katja
DOI: 10.21256/zhaw-2426
Extent: 224
Issue Date: Nov-2023
Publisher / Ed. Institution: Zürich : ZHAW Zürcher Hochschule für Angewandte Wissenschaften
Language: German
Subjects: Adoption; Schweiz; Ausland; Kinder- und Jugendhilfe; 1970-2000
Abstract: Am Beispiel der zehn Herkunftsländer Bangladesch, Brasilien, Chile, Guatemala, Indien, Kolumbien, Korea, Libanon, Peru und Rumänien stellt die vorliegende Bestandesaufnahme einschlägige Unterlagen zur Geschichte der Auslandsadoptionen vor, die das Schweizerische Bundesarchiv aufbewahrt.
URI: https://digitalcollection.zhaw.ch/handle/11475/29318
License (according to publishing contract): Licence according to publishing contract
Departement: Social Work
Organisational Unit: Institute of Childhood, Youth and Family (IKJF)
Published as part of the ZHAW project: Adoptionen von Kindern aus dem Ausland in der Schweiz, 1970er- bis 1990er-Jahre: Bestandesaufnahme zu Unterlagen im Schweizerischen Bundesarchiv zu zehn Herkunftsländern
Appears in collections:Publikationen Soziale Arbeit
 


 

Indications of Illegal Adoptions of Children from Ten Countries of Origin in Switzerland, 1970s to 1990s, Inventory of Documents in the Swiss Federal Archives

Translated Unofficially from German. Unofficial translation of the Swiss Federal
Council report Hinweise auf illegale Adoptionen von Kindern aus zehn Herkunftsländern
in der Schweiz, 1970er- bis 1990er-Jahre Bestandesaufnahme zu Unterlagen im
Schweizerischen Bundesarchiv Bericht im Auftrag des Bundesamts für Justiz, available
here. See also, media release “International adoption law: Federal Council sees need for
action.” The full report contains information on ten different countries from which
intercountry adoptions were facilitated for Swiss adoptive parents from the 1970s to the
1990s. This translation was facilitated through artificial intelligence and is subject to
mistakes and inconsistencies. Do not rely on this translation as legal authority or for
official purposes. This English translation is courtesy of Adoptees United Inc., a US-based
national nonprofit organization dedicated to equality for all adult adopted people.

Today it is a year since Dennis Knudsen lost his daughter Naomi: Now he shares touching words

Today it is a year since Dennis Knudsen's daughter passed away - and the loss is still very much felt by the celebrity hairdresser.

Dennis Knudsen's daughter, Naomi, was just 7 weeks old when she died of unexplained cot death. The daughter's death came as a sudden shock, and Dennis Knudsen was struck by a great sadness - a sadness that still fills a great deal a year later.

 

Today is one year since Dennis Knudsen lost his daughter. In the most beautiful way, Dennis Knudsen has made a touching post in which he sends a tribute to Naomi, where he also shares pictures of the little girl.

 

One of the world's foremost experts on international adoption, Nigel Cantwell, believes that several changes are needed before an adoption abroad can be said to be in the best interests of the child.

Nigel Cantwell has worked with children's rights since 1974. Throughout the 80s, he contributed to the drafting of the UN Convention on the Rights of the Child and later the Hague Convention .

It is this that forms the basis for today's Norwegian adoption system.

Cantwell believes that the problems associated with international adoption have been swept under the rug, and that there is still a long way to go before foreign adoptions can be defended.

- Adoption must be about the individual child's needs. Not that a country has decided that they will export 50 children a year, says Cantwell to TV 2.

- Known the challenges for a long time
 

note accompanying a letter to Parliament on a decision on a Woo request regarding the selection of a central mediation organization for intercountry adoption

note accompanying a letter to Parliament on a decision on a Woo request regarding the selection of a central mediation organization for intercountry adoption