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Inter-Country Adoptions: Delhi High Court Pulls Up CARA For Issuing Mere Support Letters Instead Of NOCs, Says Process Can't Be Made Onerous

JAGDISH SINGH SHARY v. CENTRAL ADOPTION RESOURCE AUTHORITY

 

Taking a grim view of the matter, the Delhi High Court has said that the issuance of no-objection certificates (NOCs) by Central Adoption Resource Authority (CARA) cannot be made onerous for those who opt for inter-country adoptions.

Justice Prathiba M Singh said that in terms of the modified Adoption Amendment Regulations, 2021, CARA is mandated to issue NOCs to Hague Adoption Convention ratified countries.

The court said that the “issuance of mere support letters is completely inexplicable, especially once the documentation is completed by the parties.”

Adoption: Woman recalls prejudice she faced as a child

A woman abandoned as a newborn baby by a roadside in Uganda has recalled the "stigma" of growing up as an adopted child in the 1960s and 1970s.

Bharti Dhir was found in a fruit box by a passer-by in the town of Kabale in 1960 before being adopted by a Sikh family.

At the age of seven she accidentally discovered she was adopted.

Now living in Reading, Berkshire, she is helping families starting their own journeys of adopting children.

Ms Dhir, 63, remembers the moment when she inadvertently stumbled upon details of her background at the family home in Uganda.

Vancouver couple pleads not guilty to adopted son’s death

VANCOUVER Wash. (KPTV) - The jury selection began Monday in the trial of a Vancouver couple accused of abusing their adopted teenage son, including starving him to death.

 

The Clark County medical examiner said 15-year-old Karreon Franks died in November of 2020 from starvation and neglect. His adoptive parents, Jesse Franks and Felicia Adams-Franks were charged with murder and homicide by abuse.

They both pleaded not guilty. The jury selection is expected to continue into Tuesday.

Tamil Nadu doctor, broker arrested for trafficking of newborns, health minister

TN health minister M Subramanian added that they had received information a week ago about babies being sold and illegal kidney donations

Chennai: A government doctor, A Anuradha, and a tout have been arrested in Namakkal district for selling seven newborn babies across Tamil Nadu to childless couples from those who had more than two children, said state health minister M Subramanian on Monday.

Tiruchengode town police in Namakkal district arrested the 49-year-old doctor and broker T Logammbal, 38, on Sunday night based on a complaint lodged by a couple. (HT Archives)

He added that they had received information a week ago about babies being sold and illegal kidney donations. “District officials have been investigating for the past one week,” the minister said.

Tiruchengode town police arrested the 49-year-old doctor and broker T Logammbal, 38, on Sunday night based on a complaint lodged by a couple S Dinesh and Nagajothi. The woman had her third baby girl on October 12. The couple previously had two daughters. In his complaint, Dinesh said a woman identifying herself as a nurse said she would give them ₹2 lakh if they sell their baby.

JAGDISH SINGH SHARY versus CENTRAL ADOPTION RESOURCE AUTHORITY.

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 16th October, 2023 + W.P.(C) 11168/2020, CM APPL. 40499/2021 & 36035/2023 JAGDISH SINGH SHARY ..... Petitioner Through: Mr. Kabir S. Ghosh, Adv. (M:9599966048) versus CENTRAL ADOPTION RESOURCE AUTHORITY..... Respondent Through: Mr. Vineet Dhanda (CGSC) with Mr. Vinay Yadav & Mr. Durga D. Vashist, Advs. (M: 9811013810) Mr. Atul Nagarajan, Ms. K. Pallavi & Ms. Lavanya Regunathan Fischer, Amicus Curiae. (M:9871045249)

When Foster Parents Don’t Want to Give Back the Baby

In many states, adoption lawyers are pushing a new legal strategy that forces biological parents to compete for custody of their children.

by Eli Hager

 

Alicia Johansen spent her childhood moving with her drug-addicted mom from one place to the next, trying to brace herself for the moment when the water and the electricity would get cut off. So at 22, when she had a chance to run Dolittle’s pool hall in the ranching town of Akron, Colorado, she was intent on making some money. She kept the bar open deep into the night, after the older guys who bet on horse races departed, and the truckers and the younger crowd, with the meth, drifted in. Meth, she soon discovered, helped her work longer hours.

An occasional customer was Fred Thornton, a former high school baseball star in his early 30s. Fred was sometimes a roofer and at other times unemployed and homeless. They began dating casually and using together, and he told her of his own complicated childhood: placed in foster care as a toddler, after allegations of neglect, and later adopted.

India’s Adoption Paradox: Why thousands of eager families can’t find waiting children

Pune, 16th October 2023: Imagine being a child, abandoned for months or years on end, living in a shelter, not knowing if you will get the chance to have a family of your own. Unfortunately, this isn’t mere imagination for lakhs of children. The reality of abandonment As per recent data, an alarming 3.5 to 4 lakh(1) children in India are living in child shelters, formally known as Child Care Institutions (CCIs). While this number is significant, what’s even more startling is that out of these children, only 2,000(2) are part of the legal adoption pool. This disparity becomes even more poignant when you consider that there are over 34,000(2) parents eagerly waiting to adopt and provide a nurturing home to these children. To grasp the magnitude of this issue, imagine nearly the entire population of a city like Ahmednagar, filled with children, and yet only a minuscule fraction is available for adoption. Why is this the case? This series of articles, brought to you by Where Are India’s Children (WAIC), seeks to delve deeper into this pressing issue.

 

The plight behind closed doors Within the walls of these shelters, children, despite the best efforts, often find themselves wrestling with their hopes and the haunting feeling of abandonment. They are at a heightened risk of abuse, malnutrition, and various medical and emotional issues. The love, warmth, and opportunities that a permanent family brings are beyond their reach. Adoptive parents understand firsthand the impact that living in an institutional setting for an extended stay has on children. Neha explains, “When we adopted our son at five years old, the scars of his years in a shelter were painfully evident. Abandoned at birth, he spent every single day of his life within the confines of institutional walls. While the shelter did their best, they had limited resources, so he was robbed of simple joys like playing in a playground or visiting a store. His young life, marred by bureaucratic delays and the pandemic, made him a shadow of what a child his age should be.” And what of the 34,000+ prospective adoptive parents, registered and waiting eagerly to provide a loving home to a child? WAIC hears stories every day from prospective adoptive parents such as Pooja, “I’ve waited three years, my heart aching, yearning for a child’s laughter in our home. Knowing countless children are waiting for a family’s love, while my arms remain empty, is a pain beyond words. Why is love kept apart?”

Where Are India’s Children (WAIC): Bridging the gap Formed by three adoptive parents in 2019, WAIC, registered as Child Welfare and Action Foundation, is working tirelessly to bridge this gap. Says Smriti Gupta, CoFounder: “We witnessed the abyss between the abandoned children and the awaiting families and decided to act.” Their vision is clear: “Ensure every eligible abandoned, orphaned, and surrendered child is made visible, and reaches the legal adoption pool.” But what’s keeping these children from reaching the adoption pool? While the Juvenile Justice Act and Central Adoption Resource Authority (CARA) set a robust legal framework for the adoption of children, the ground reality paints a different picture. Many abandoned and orphaned children in shelters, who could be eligible for adoption, remain invisible and unevaluated due to a lack of resources, lack of law implementation and enforcement, ambiguities in the legalities of child abandonment, and the general public’s unawareness about the adoption rights of these children

Take Prashant for example. In the heart of a bustling city, Prashant, a 6-year-old, was left to fend for himself. Fortune led him to the gates of a child shelter, where one might hope a child like him could expect a new beginning with one of the many thousands of parents who are willing to give a child a loving family. But as days turned to months, Prashant became just another face among the crowded shelter. The very hands meant to guide him to a loving home, never got around to evaluating his case for adoption eligibility. The absence of scrutiny or enforcement meant Prashant’s dreams of family meals and bedtime stories faded away. Instead, he was left to navigate the hard-knock world of institutional life, his potential and hopes dimming with each passing day. Another example is young Ruchi, who sadly lost her parents. Seeking solace and protection, her aunt, overwhelmed by her own struggles, placed her in a shelter. Every evening, Ruchi would sit by the window, eyes scanning the road, hoping to catch a glimpse of her aunt returning for her. But no one ever came. And amidst the shelter’s paperwork, Ruchi’s file grew dustier each day. Her aunt imagined she would be cared for, but the very fact that she had an aunt somewhere out there became her tether and chain. The route to match her with a waiting family never arose since the shelter where she was staying was confused by which legal route to take. And so, Ruchi remained, her heart holding onto memories and dreams, while the possibilities of a loving home seemed to drift further away.

Stephanie Dong Hee Kim is organizing this fundraiser.

Establishment of the ARAN Foundation

 

What you see in this photo is a mother and her four daughters laughing their asses off. I am the middle one in the photo and the youngest daughter in the row. We have another brother.

This photo was taken six months ago when I stayed with my mother in Korea for a week. It took me 43 years and seven roots trips to build this bond with my own mother. For so many years I was angry with her - consciously and unconsciously - that I could not let her into my heart.

I can now look at her, her life and her choices with compassion.