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New adoption agency to bid for clients in coming weeks

New adoption agency to bid for clients in coming weeks

CAROL COULTER Legal Affairs Editor

A NEW adoption mediation agency will seek to engage with the governments of Vietnam, Bulgaria, India and Mexico concerning adoption when the Adoption Bill is passed in the coming weeks.

The Bill ratifies the Hague Convention on inter-country adoption,

The executive director of Arc Adoption, Shane Downer, former chief executive of the International Adoption Association (IAA), told The Irish Times he hoped the agency would be operational by September.

New guidelines attractive, but illusory

Inter-country adoptions
New guidelines attractive, but illusory
by Anil Malhotra
CARA should resolve conflicts and not compound them
CARA should resolve conflicts and not compound them
THE Guardian and Wards Act, 1890 (GWA), the 116-year-old Indian legislation plays spoilsport. A whopping 12 million orphan children in India need parents but the law does not allow Muslims, Christians, Jews and Parsis to become their adoptive parents. They can be appointed as guardians only.
The Hindu Adoption and Maintenance Act, 1956 (HAMA) does not allow non-Hindus to adopt a Hindu child. Consequently, non-Hindus and foreign nationals can at most become guardians under the GWA but cannot adopt children from India.
The Central Adoption Resource Authority (CARA) is the nodal Central body in New Delhi. To facilitate implementation of the norms, principles and procedures relating to adoption of children from India to foreign countries, the Supreme Court in three successive decisions in 1984, 1986 and 1992 in L.K. Pandey vs Union of India had directed the Government of India to issue guidelines for the above purposes. Accordingly, CARA from time to time has issued guidelines for adoption of children from India to foreign jurisdictions besides in-country adoptions.
The new guidelines by CARA for full and final “adoption” of children in India before they are sent abroad with prospective parents and that these will mandate “final adoption of Indian children” under HAMA and the Juvenile Justice (Care and Protection of Children) Act, 2000 (JJ Act) seem attractive but illusory. This is because unless non-Hindu parents are statutorily permitted to “adopt” and not be merely guardians, any guidelines cannot overreach statutory law.
Till such time adoption is permitted only to Hindus, any foreigner who is a non-Hindu cannot adopt a child in India simply because no law permits so. In such event, the exercise of CARA to frame guidelines to allow foreign couples to adopt children in India may be flawed and defective. Any guidelines can supplement the law but not supplant it. Consequently, CARA cannot enact a law of its own.
HAMA permits adoption to a male or a female Hindu through a process of adoption enacted by Indian Parliament to codify the law relating to adoptions among Hindus. Even the JJ Act, permits adoption of orphaned, abandoned, neglected and abused children through institutional and non-institutional methods. But there is no statutory law which permits non-Hindus who are foreign nationals or professing other religions to adopt children in India.
For them, the limited recourse is to the GWA to become guardians which enables them to use the guardianship order obtained inIndia under the GWA to ultimately gain adoption in foreign jurisdictions. In this event, Indian statutory law does not permit adoption to foreign nationals and persons professing other religions to adopt in India.
HAMA gives a conclusive status to an adoption deed recording an adoption in compliance with its provisions. However, all foreign embassies or the High Commission in India still insist that the adoption deed is not enough. Rules of foreign jurisdiction stipulate that the adoptive parents have to thereafter obtain guardianship orders from a Guardian Judge under the Hindu Minority and Guardianship Act, 1956 (HMGA) for Hindus and a similar order under the GWA for non-Hindus.
Genuine transfer of parental responsibility by an irrevocable adoption deed is rendered redundant. This results in a paradox in law. A valid adoption deed under HAMA is not acceptable to foreign jurisdictions for immigration purposes unless it is supported by a guardianship order under the GWA or HMGA. Strange but true, that is how the law is read by foreign embassies and High Commissions in India.
Against this backdrop, what should CARA do? It should resolve the conflicts and not compound them. CARA could well send a recommendation that before it enacts any guidelines, they should confirm to statutory law. Any guidelines which differ from the codified law will only add but not subtract to the current muddle of inter-country adoptions law.
The mechanics of inter-country adoptions, stringent adoption procedures, insurmountable technicalities, high refusal rates of visas for children in adoption matters and inordinate delay in Indian court procedures have been a deterrent to adopt a child fromIndia. What do we need? Where is the change desired?
A general law for adoption in India enabling any person, irrespective of his religion, race or caste to adopt a child from India will help. Further, keeping in view the Supreme Court’s guidelines in adoption by foreign nationals to prevent trafficking of children and to protect their welfare, a uniform streamlined statutory procedure acceptable to foreign jurisdictions would also sere the purpose better to mitigate the plight of the adoptive child.
The writer, a practicing lawyer in Chandigarh, specialises in Private International Law

Chinese Embassy holds reception for American families with children adopted from China

 

Chinese Embassy holds reception for American families with children adopted from China

10:36, June 13, 2010

Chinese Embassy holds reception for American families with children adopted from China
Chinese Embassy in the United States held a reception on Saturday for the American families having adopted Chinese children.

"It is a miracle that people so far away apart get connected, form a family, go through all the cultural barriers and live happily together. This is a strong proof how eastern and western cultures can coexist in harmony instead of clashing with each other," Chinese Ambassador to the U.S. Zhang Yesui said when addressing the event.

Around 80 American families with children adopted from China, along with officials from U.S. Congressional Coalition on Adoption, U.S. Department of State and other agencies, were invited to the reception.

"The friendship between the two peoples will be further enhanced by a new generation with Chinese descent and American background. China will continue to commit itself to the bilateral cooperation of adoption and to the Sino-U.S. friendship," said the Ambassador.

U.S. officials attending the reception also expressed their thanks and willingness to push forward the friendship between the two countries and the two peoples.

Carrie Lewis, a young American mother, came to the reception with her two daughters adopted from China. Hannah, seven years old, was adopted in 2003 from China's Hunan province, and Molly was adopted from Chongqing in 2008 when she was just ten months.

"I love China, I have been there before. And I thought it's a beautiful country, with beautiful children. I got two wonderful girls, I love them very much," Lewis told Xinhua, explaining why she decided to adopt Chinese children.

"We took Hannah back (to China) when we went to adopt Molly. As soon as Molly is a little bit older, I want to take them back to see the cities they are from, make sure they feel comfortable going to China, being in China," she added.

Source:Xinhua

http://english.people.com.cn/90001/90776/90883/7025169.html

 

Poverty-stricken widow hands over children to orphanage

Press Trust Of India
Chhatarpur, June 13, 2010
Unable to feed her two girls, a widow has handed over her two minor daughters to an orphanage at Chhatarpur in Madhya Pradesh.

"Rachana Raikwar, a labourer residing in Ward Number two here, handed over her both daughters - Mohini (8) and
Anjali (6) to Samvedana Orphanage as she is in a penury," sources close to her, said.

The orphanage management conceded to her demand on Saturday, a day after she threatened to kill herself and her
children if they did not consider her demand to raise her daughters there, they said.

Rachana ordeal started when her husband Mahesh Raikwar died in December 2009 following which she, along with her
daughters, had approached her in-laws. But they did not allow the trio to stay with them at Khomp Tiwari village.

Later, she came to her parents house who also refused to let her in.

Rachana said that she would have happily reared her children, had she got some financial help from the government
running welfare schemes like widow pension scheme.

http://www.hindustantimes.com/Poverty-stricken-widow-hands-over-children-to-orphanage/Article1-556985.aspx

 

The father and son: From orphanage bond, a family grew

 

The father and son: From orphanage bond, a family grew

 

12:00 AM CDT on Sunday, June 13, 2010

 

Filipino mother gives birth here to have the child adopted

Filipino mother gives birth here to have the child adopted

Social welfare agency felt the woman should be taken into care

Asenit Liezel Lara, 25, with her baby Kane Lara outside the law courts in Valletta, yesterday.

A Filipino woman who gave birth in Malta to have the baby adopted by Maltese parents yesterday claimed illegal arrest after she was taken into care by social workers accompanied by police officers.

Asenit Liezel Lara, 25, filed an urgent application in court but then withdrew it after both the police and the government welfare agency Appo?? denied she was in any way under arrest and said she was free to leave.

In fact, Ms Lara went back to live with the sister of the prospective adoptive father, with whom she had been staying ever since her arrival on March 18 and after giving birth to Kane Lara on May 19. Her visa expires on June 25.

On Wednesday, social workers, accompanied by police officers, went to the house she was living in and asked her to accompany them to a home run by Appo??.

The woman's lawyer, Roberto Montalto, said the arrest was made by officers on instructions by Police Inspector Louise Calleja.

However, Ms Calleja denied that the woman had ever been under arrest.

She said the decision to take her to a home was made by the Central Agency for Adoption in Malta.

Magistrate Audrey Demicoli asked Ms Calleja under which law was the young woman detained and the officer replied that the director of the adoption agency was present in court and was ready to testify.

Sandra Hili Vassallo testified that Ms Lara had no financial means to support herself. The agency felt she should be taken into care because living with the prospective adoptive family would prejudice the adoption.

This was because the child was only a month old and, according to law, it was only after six weeks following birth that the adoption could take place. Also, private adoption was illegal and the mother would have to make a free and objective decision to allow her child to be adopted.

The director said the adoptive parents had started legal proceedings to adopt the child.

Dr Montalto asked whether his client could leave the court room and live wherever she wanted and Dr Hili Vassallo replied that she doubted whether Ms Lara could live wherever she wanted to, but she was free to leave the Appo?? home.

Ms Lara told the court she did not need any protection from the adoptive agency and preferred to go back to where she was living before, with the family.

Dr Montalto then withdrew the application.

Two doctors arrested in adoption case

Two doctors arrested in adoption case
Asseem Shaikh, TNN, Jun 12, 2010, 01.03am IST
  
PUNE: The Yerawada police on Friday arrested two doctors and the manager of the Gurukul Godavari Balak Ashram in the illegal adoption case of a six-month-old baby. 

A magistrate court remanded the doctors — Sanjeevkumar Bhate (42) of Phursungi and Nandkumar Nalawde (37) of Manjari — and manager Rajan Kusalkar (21) of Gultekdi to police custody till June 14. 

With the three arrests, the total number of people who have been arrested in the case has gone up to six. Earlier, the police had arrested ashram president Matthew Yanmal, Preet Mandir caretaker Shivaji Sanake and school teacher Santosh Shinde in the case. 

Senior police inspector Deepak Sawant of the Yerawada police station told TOI that Dr Bhate, upon a request from Yanmal, had got the mother admitted to the maternity home run by Dr Nalawade at Manjari. 

The newborn, which was diagnosed with HIV, was given up for adoption to one Anita Yadav of Mumbai in 2009 when it six months old. The fact that the baby boy had HIV was not told to Yadav. The child died six months later. 

According to inspector Sawant, Dr Bhate, Yanmal and Kusalkar forged documents to give the child up for adoption to Yadav. Dr Nalawade, who performed the delivery along with Dr Bhate, neither kept a record of the delivery nor did he inform the gram panchayat, which is mandatory, Sawant said.

E-Mail Regarding Hoksbergen Chennai

Betreff: my first meeting with Hoksbergen and Mary Rukmani´s case

I met Hoksbergen at the YWCA Chennai- run by Sarah Chanda- close friend of sister theresa.

First thing he said to me…” oh..i head you are so angry on the adoption system…and you have a right to”….my neck hairs were going up….i said yes..of course I m angry….he said I can help you…I know even people ( most likely SD Gokhale) who are very close to your indian family…I m going to Pune and I could possibly mediate…- I replied you can try- but I don´t think you have a chance….i felt he was playing a game- and I know no one can mediate in my case.- just no way….Later we went to his room with his friend/ companion and watched the documentary about my story…he then also showed me the annexed gpapers…and told me that his friend Andal asked him to search for that child….i read it…..read Christ Faith Home – ICCO ( german now defunct criminal agency) and Meiling partner…..i said give me a copy, he refused…I told him, that Andal´s Damodaran´s ( ICCW/ scrutiny agency)duty would have been to lodge a complaint and that he is now used to cover up a kidnapping case. We got in a sort of fight. I was really furios.- however maintained basic courtesy.

Later I met Sarah Chandon and her friend…talked with her about the adoption issues. There for the first time in my life I received subtile death threats, that Chennai is such a dangerous place and that people get just killed or other terrible things. Clear advise was given to me to not dig into this adoption mess.

Arun Dohle

Lagos rescues 10 children from illegal orphanage

Lagos rescues 10 children from illegal orphanage
By Agency reporter  
Friday, 11 Jun 2010  
   
 

Officials of the Lagos State Ministry of Youth, Sports and Social Development on Thursday rescued 10 children at an illegal orphanage in Alakuko area in Lagos.

A statement from the Ministry of Youth and Social Development, by the spokeswoman, Mrs Titilayo Oshodi-Eko, said the children — three boys and seven girls — were aged between six months and 10 years.

The News Agency of Nigeria quoted Oshodi-Oko as saying in the statement that the children were rescued from Jesus Cares Orphanage located at 23, Alaba Taiwo Street, Kollington Bus Stop, Alakuko, Lagos.

Oshodi-Eko explained that the orphanage was discovered when one Prince Eteng, 22, was arrested begging for alms in a commercial bus between Ikeja and Sango Ota, Ogun State, on behalf of the children in the orphanage.

A female information officer with the Lagos State Government was said to have accosted Eteng and dragged him with the help of another man to the Ikeja Local Government Secretariat Police Post.

“Mr. and Mrs. Clement Edet, (both pastors), are the owners of the orphanage. My duty is to collect offerings and donations from members of the public and deliver same to my employers,” Eteng was quoted as saying.

He said that he received N1000 as transport fare from the pastors and distributed 60 envelopes for offerings daily.

The statement also quoted Mrs Janet Edet as saying she and her husband, Pastor Clement Edet, of Timeless Christian Chapel International, Mangoro, Lagos, decided to help the children because they had no parents.

Oshodi-Eko said that officials of the ministry, who later visited the orphanage, discovered that the environment was poor and empty, with no sign of foodstuff.

“We realised that the children were not registered in any school,’’ she said.

Oshodi-Eko said that the case was first reported at the Alakuko Police Station before the children were moved to the State Secretariat, Alausa.

The statement quoted the Special Adviser to Governor Babatunde Fashola on Youth and Social Development, Dr. Dolapo Badru, as saying that the children had been moved to the government orphanage at Idi-Araba.

Badru vowed that government would not relent in its efforts to rid the state of illegal orphanage operators.

“It is no longer business as usual for those engaged in running illegal orphanages in Lagos,‘‘ he said.

 

http://www.punchng.com/Articl.aspx?theartic=Art201006112353735

 

Chinese man convicted for selling son on Internet

Chinese man convicted for selling son on Internet

BEIJING — A court in China has given a 22-year-old man a suspended jail sentence for selling his toddler son on the Internet for 18,000 yuan (2,650 dollars), state press reported Friday.

The man from the central province of Hubei sold his two-year-old son to a Beijing couple in April last year after advertising the child online, the Beijing Times reported.

The unmarried Lu sold the child after he split up with the boy's mother and decided he did not have the time or money to raise him, the report said.