Author(s): Parliamentary Assembly

Origin - Assembly debate on 26 January 2000 (5th Sitting) (see Doc. 8592, report of the Social, Health and Family Affairs Committee, rapporteur: Mr About; Doc. 8626, opinion of the Committee on Legal Affairs and Human Rights, rapporteur: Mrs Wohlwend; and Doc. 8600, opinion of the Committee on Migration, Refugees and Demography, rapporteur: Mrs Vermot-Mangold). Text adopted by the Assembly on 26 January2000 (5th Sitting).

1. The Assembly affirms that all children have rights, as set out in the United Nations Convention on the Rights of the Child, and, in particular, the right to know and be brought up by their parents in so far as this is possible. The purpose of international adoption must be to provide children with a mother and a father in a way that respects their rights, not to enable foreign parents to satisfy their wish for a child at any price; there can be no right to a child.

2. The Assembly therefore fiercely opposes the current transformation of international adoption into nothing short of a market regulated by the capitalist laws of supply and demand, and characterised by a one-way flow of children from poor states or states in transition to developed countries. It roundly condemns all crimes committed in order to facilitate adoption, as well as the commercial tendencies and practices that include the use of psychological or financial pressure on vulnerable families, the arranging of adoptions directly with families, the conceiving of children for adoption, the falsification of paternity documents and adoption via the Internet.

3. It wishes to alert European public opinion to the fact that, sadly, international adoption can lead to the disregard of children’s rights and that it does not necessarily serve their best interests. In many cases, receiving countries perpetuate misleading notions about children’s circumstances in their countries of origin and a stubbornly prejudiced belief in the advantages for a foreign child of being adopted and living in a rich country. The present tendencies of international adoption go against the UN Convention on the Rights of the Child, which stipulates that if a child is deprived of his or her family the alternative solutions considered must pay due regard to the desirability of continuity in the child’s upbringing and to his or her ethnic, religious, cultural and linguistic background.

The majority parties in the Flemish Parliament (N-VA, CD&V and Open VLD) have developed a new framework for the so-called intercountry adoption, the adoption of children from abroad. The aim is to avoid as many uncertainties and abuses as possible and to better assist prospective parents.

he rules on intercountry adoption were only renewed five years ago. "But the theme is evolving so quickly that new regulations are required," says Flemish MP Katrien Schryvers (CD&V).

"Not only has the number of intercountry adoptions fallen sharply (from 122 in 2012 to 62 in 2016), which strongly influences the organization of the adoptions. We were also repeatedly confronted with questions and ambiguities in existing channels," says Schryvers, who now proposes a number of reforms together with Lorin Parys (N-VA) and Emmily Talpe (Open VLD).

Amendments

It happens that an adoption service or the Flemish Center for Adoption suspends or terminates cooperation with an adoption channel or service abroad, for example in the event of doubts about the integrity or when the legislation in the country concerned changes.

Sarah Labee_ Johanna and Matthias- Veenendaal- series adoption (2)

Johanna had been talking about Colombia ever since she could talk. Sarah was afraid she wouldn't find a family. And Matthias felt less need to go looking for his biological family. Nevertheless, the entire Labee family went on a roots trip in 2016.

Are there any topics that have not yet been discussed that they would like to mention? At the end of the interview, Matthias, Sarah and Johanna Labee look at each other for a moment. “Yes,” says Sarah. “I wish everyone a roots trip, but let it be a well-considered choice. You have no guarantee of a good outcome. The foundation that was looking for our families in Colombia explicitly warns against this. You may want to contact your biological family, but you do not know whether they are open to that.”

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The Colombian flag is on the cupboard under the stairs in the hall of the Labee family in Veenendaal. In the living room, photos recall the roots of Matthias, Sarah and Johanna. It is therefore not surprising that they are interested in news about adoption. But it is certainly not the case that it immediately dominates the conversations at the table, the three of them agree in unison.

The Madurai Bench of the Madras High Court has granted bail to a couple accused of illegal adoption of a child sold to them by Idhayam Trust director G.R. Sivakumar.

Justice B. Pugalendhi granted bail to the couple with conditions. The court took into account the fact that the couple were childless and had applied for adoption through various modes. They believed that the adoption was legal.

The key accused in the case were Sivakumar and his associate Madarsha. A woman who was unable to maintain her children had handed them over to the home run by the trust. Sivakumar claimed that one infant died of COVID-19 and then sold that infant.

He said the infant was infected with COVID-19 and said he was taking it for treatment to the hospital. Later, he told the woman that her baby died and the final rites were performed as per COVID-19 protocol.

Suspecting the activities of Sivakumar, the woman lodged a complaint. It was found out that the infant was sold to a childless couple. During the investigation it was brought to light that another infant was sold to another couple.

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.

GündemHurriyet Daily News Haber Giri?: 17.03.2009 - 00:00 | Son Güncelleme: 17.03.2009 - 09:44

Law allows foreigners to adopt Turk children

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Indian diplomatic missions abroad will now be in charge of safeguarding adopted children whose parents move overseas with the child within two years of adoption. The Centre on August 23 has notified new rules in this regard. So far, the Indian missions abroad had a role in inter-country adoption of Indian children limited to children adopted by Non-Resident Indians (NRIs), Overseas Citizens of India (OCI) or foreign parents.

The Missions had a duty to ensure protection against neglect, maltreatment, exploitation or abuse of these children. But a grey area got left out in case of Indian children adopted by parents in India, but who ended up moving abroad later, hence going out of the purview of Indian authorities and also not falling under purview of Indian Missions abroad. Some such cases came to the attention of the authorities recently.

The Centre has now notified new regulations, the Adoption (First Amendment) Regulations, 2021, which come into force immediately. Under the new rules, it has been specified that if the adoptive parents move with the child to some other country within two years of adoption, it shall be the responsibility of the Indian Mission of the country to which the child has moved, to perform all the assigned duties under the Adoption Regulations, 2017 in respect of the adopted child.

Not just this, the adoptive parents will also have to intimate the Indian diplomatic missions concerned in the country of departure and arrival, at least two weeks in advance through a written communication with their full contact details at the new place and thereafter, as per the new rules.

The new amendments have been made by the Central Adoption Resource Authority and have been notified on August 23 by the Woman and Child Development Ministry.

The government on Monday introduced a new clause in the adoption regulations, according to which when parents with their adopted child move abroad within two years of adoption have to intimate Indian diplomatic missions of their departure and arrival at least two weeks in advance.

This information has to be given through a written communication by parents, who have to also give full contact details, according to a gazette notification of the Women and Child Development Ministry.

The notification said it shall be the responsibility of the Indian Mission of the country to which the child has moved to perform all the assigned duties under the Adoption Regulations, 2017, in respect to the adopted child.

Under the Adoption (First Amendment) Regulations, 2021, it said that ‘the amendment has been notified in accordance with the relevant sections of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016)’.

Earlier, there was no such provision of such intimation under the regulations.

Following several complaints that non-tribals had been illegally obtaining ST certificates by means of adoption, the Arunachal government has issued a notification addressing the same.

The notification addresses concerns in the Upper Siang district. Authorities fear unrest among the indigenous communities of the state in future, if such cases of illegal adoption of Non-APST persons do not stop soon.

“Some local people are illegally obtaining Birth Certificate for their Non-APST siblings by may of Adoption or by simply claiming to be their natural father. Once fathers’ name is entered in the Birth Certificate it becomes legal for that Non APST person to obtain ST/PRC which is highly detrimental for the very existence of our tribal society in the coming days,” read the official notification, dated August 20, 2021.

“Any village Head or person found to be involved in such an act will have to step down from his/her posts and strict action will be initiated as per appropriate provisions of law,” the order warned, further appealing to the Village heads to refrain from indulging in such unlawful practices. As per the authorities, many non-tribals appear before the office of the issuing authorities, applying for ST/PRC with the support of some local people.

Married and un-married people cannot be treated as a class apart, particularly when inter-country or in-country adoptions are permitted under the gazetted Indian Adoption Regulations

The ministry of home affairs’ March 4 notification has created a dilemma for non-resident Indians hoping to become parents through adoption or surrogacy due to disparity in Indian laws.

NRIs have been equated to overseas citizens of India (OCIs) in matters of inter-country adoption. Gazetted Indian Adoption Regulations, 2017 (AR) treat NRIs at par with resident Indians when it comes to adopting an Indian citizen. Despite the Surrogacy (Regulation) Bill, 2020 proposing to allow surrogacy for OCIs, the March 4 notification makes no mention of the same.

Our constitution does not allow dual citizenship. Upon voluntary acquisition of the citizenship of another country, a person ceases to be an Indian citizen. A child born to foreign citizens of Indian origin cannot become a citizen of India, as neither parent is an Indian national. A new category of citizenship, OCI, was created in 2005, which gave overseas citizens limited privileges and no rights. The March 4 notification defines an OCI as a foreign national holding the passport of a foreign country and who is not a citizen of India.

Both the constitution and Citizenship Act (CA), categorically prohibit dual citizenship. CA specifically prohibits OCIs from having political and other rights. They have, however, been granted multiple entry life-long visa facility for visiting India for any purpose at any time. They are also exempted from registering with the Foreigners’ Registration Office or police authorities, for any length of stay in India and are entitled to benefits notified under CA by the Centre from time to time.