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Mother and Baby Home Commission records: An EU Law Perspective

It is critical that the state does not compound an administrative error being made by the Commission of Investigation into Mother and Baby Homes and Certain Related Matters, in failing to take account of its duties under the Charter of Fundamental Rights and GDPR to set aside any national provision which would conflict with the rights of access and other data protection rights.

The Commissions of Investigation Act 2004 has been superseded by the GDPR and the Data Protection Act of 2018. Its provisions providing for secrecy cannot be applied by any emanation of the state where they conflict with either Article 15 rights of access or Article 18 rights of the data subject to restrict any proposed processing.

In addition, the proposal to ‘seal’ the archive of documents to be presented to the Minister for 30 years is simply impermissible under EU law. Even where national legislation allows for restrictions on data subjects’ rights, those restrictions must be tightly limited and necessary for an overriding purpose of national importance.

The collective body of all the data protection authorities, the European Data Protection Board (EDPB) has, on the 2nd June 2020, issued a policy document setting out the limits of permissible national legislation restricting GDPR rights (see EDPB, ‘Statement on restrictions on data subject rights in connection to the state of emergency in Member States’, adopted on 2 June 2020, https://edpb.europa.eu/our-work-tools/our-documents/autre/statement-restrictions-data-subject-rights-connection-state_en).

The EDPB confirmed:

Delhi: Bail to childless man who paid money for infant

NEW DELHI: An infant, multiple traffickers and a childless couple– these have reflected in an order relating to the bail of a Delhi man who, along with his wife, paid money to become a parent. The infant was sold by her parents who reportedly had two disabled children and couldn’t afford to take care of her. She was trafficked by several middlepersons and eventually reached a childless couple who paid Rs 1 lakh for her.

The arrested prospective father sought bail stating that he meant well. Though granted bail, the court said that it was due to these “well-meaning” individuals that the child trafficking racket existed. “Sale and purchase of human beings as chattels is to be condemned no matter how pious the intention,” noted additional sessions judge Neelofer Abida Perveen.

A case stemming from the statement of a Delhi Women’s Commission councillor showed that the biological parents had sold their two-and-a-half-month-old daughter, who was born in May, 2020, with the help of a nurse. The couple wanted to “save her future” by giving her away to a “rich family”.

The child was sold to two women for Rs 40,000, and then sold again to someone else via a woman. Another trafficker sold her to the accused man and his wife. The infant was found at the accused’s home on August 13 when police found out that the couple had paid money to bring the child home.

In order to declare their guardianship over the child, the couple organised a family function. The counsel, who appeared for the man booked under Section 370 for “exploitation,” argued that all he wanted was to give the infant a good life as a daughter. The man and his wife had no ill-will or maleficence as they intended to legally adopt the child, it was argued. The money, the counsel added, was given on “humanitarian grounds” to the biological parents and not as a consideration for adoption.

Madras HC | Adoption does not sever relationship of child with biological father unless he renounces his right as father

Madras High Court: P.T. Asha, J., addressed a matter in relation to adoption and modification in the birth certificate of a minor in terms of change in the name of the biological father of the child.

Legal status of a biological daughter

Petitioners are the adopted father and biological/natural mother of minor seeking direction from the Court that petitioner 1 be appointed as a father of the minor female child and consequently, the minor child be entitled to the legal status of a biological daughter with all the rights of succession and inheritance in respect of the adopted father and a modified birth certificate of the minor be issued.

Adoption Regulations and the JJ Act

Petitioners have contended that the conditions prescribed under Adoption Regulations and the Juvenile Justice Act have fully been complied with while filing the present petition.

Adoption Authority 'cannot lawfully refuse to register Mexican adoptions of two children'

The Adoption Authority cannot lawfully refuse to register the separate Mexican adoptions of two young children whose lives here involve "a legal limbo", the Supreme Court has ruled.

The adoptions of 15 other Mexican-born children in a similar position to the two children, including a sibling of one of them, have been registered by the Authority in the register of intercountry adoptions, Mr Justice Donal O'Donnell noted.

It would be a failure to hold these two children equal before the law “in such an important feature of their human personality” if the law were to permit a different outcome for them, he said.

He was giving the five-judge court's judgment today dismissing an appeal by the Authority over the High Court's answers to legal questions raised in the Authority’s proceedings concerning the status of the two children.

Both have lived in "a legal limbo" here because their separate adoption processes began under the Adoption Act 1991, but were not complete before the coming into force on November 1, 2010, of the Adoption Act 2010, when the 1991 Act was repealed.

Liberia: Mariah Luyken Found Guilty of Child Trafficking After Two Years of Legal Battle

26 OCTOBER 2020FrontPageAfrica (Monrovia)

By Lennart Dodoo

Monrovia — Criminal Court 'B' at the Temple of Justice has adjudged Ms. Mariah Luyken guilty of child trafficking. She was found liable of sending the children of two Liberian women to the United States of America without the consent of their mothers, Mathaline Johnson & Elizabeth Johnson.

She was accused along with two alleged accomplices Ernest Urey and Edwin Walk, but the Court ruled that the prosecution did not provide sufficient evidence to link the alleged cohorts.

Last Friday's ruling ends a two-year case that has been dangling in the courts.

o‘I want to see you once’: Adpted woman’s plea to biological mother as she extends search to Australia

‘I want to see you once’: Adopted woman’s plea to biological mother as she extends search to Australia

Indian born Italian in search of mum

Source: Navya Dorigatti

A woman who was born in an orphanage in India and was adopted by an Italian couple at the age of two, is searching for her biological mother after 34 years. As part of her quest, she has intensified her search to Australia in the hope of meeting her mother at least once in her lifetime.

UPDATEDUPDATED 1 DAY AGO

SP en GroenLinks kritisch op nieuwe subsidieregeling onder geadopteerden

SP en GroenLinks kritisch op nieuwe subsidieregeling onder geadopteerden

Gisteren

leestijd 3 minuten

Adoptiebedrog III

Geadopteerden ontstemd over nieuwe subsidieregeling

Geadopteerden ontstemd over nieuwe subsidieregeling

13 okt 2020

leestijd 5 minuten

adoptiezoethouder (1)

One World Adoption Services Goes Out Of Business

Category: susan manning

One World Adoption Services Goes Out Of Business

One World Adoption Services (OWAS) of Georgia, USA, operated by psychology graduate, Susan Secor Manning, has decided to go out of business after being punished with a 90-day suspension over allegations of improper documentation in its operations in Congo.

The 90-day suspension was ordered by the New York-based Council on Accreditation, the authority designated by the U.S. State Department to monitor and accredit American adoption agencies that operate abroad per the terms of the Hague Convention. According to the council’s investigation, the suspension was warranted for several violations of international adoption regulations that occurred in Congo.

One World’s closure comes amid continuing turmoil over pending adoptions of children in the Congo by families in America and elsewhere. Hundreds of adoptions have been stalled since Congolese authorities stopped issuing the exit permits needed for the children to leave the country, even in cases where the adoptions had been officially approved.

Jyoti (36) uit Deventer werd slachtoffer van gesjoemel met adoptie in India: ‘De priester weet veel meer’

Jyoti (36) uit Deventer werd slachtoffer van gesjoemel met adoptie in India: ‘De priester weet veel meer’

Jyoti Weststrate (36) was een jaar of 2, al sluit ze niet uit dat ze ouder was, toen ze bij haar biologische ouders in India werd weggehaald en werd ‘geschonken’ aan een priester. Ze belandde in Zutphen, waar vragen over haar oorsprong al een leven lang op antwoord wachten. Nu, woonachtig in Deventer, probeert ze misstanden binnen internationale adoptie aan de kaak te stellen.

Niek Verhoeven 05-09-20, 16:00 Bron: de Stentor

4

,,Ik heb uren naar die boogjes in de muren van de kerk zitten kijken. De marmeren treden en de priester die in een wit gewaad door de ruimte liep, kan ik me ook nog herinneren. Mensen zeiden dat zo’n herinnering niet kon, omdat ik nog zo jong was. Maar ik ben bij mijn moeder weggehaald, dat vergeet je nooit meer. En toen ik veel later die priester ontmoette en hij hetzelfde verhaal vertelde, toen wist ik het zeker.”