INTER-COUNTRY ADOPTIONS AND CONSULTANCY IN GUARDIANSHIP

INTER-COUNTRY ADOPTIONS AND CONSULTANCY IN GUARDIANSHIP

INTER-COUNTRY ADOPTIONS AND CONSULTANCY IN GUARDIANSHIP Background Adoption is a socio-legal process. If one or the other is neglected, the adoption is certainly not being carried out in the child's best interests nor in the interests of others concerned. Although adoption does not replace the biological relation which exists between the child and its natural parents, it does reconstitute a stable family through the enduring ties which it creates. Adoption is to be regarded as the most complete means whereby family life can be restored to a child deprived of its natural family. It is indispensable therefore, that adoption should become one of the effective instruments of social action. The Indian Council of Social Welfare insists that in so far as possible, adoptive parents should be sought in the child's own country. However, the possibility of adoption abroad, is not excluded, provided the efforts to find adoptive parents within the country have been unavailing and that conditions are favourable from the psychological, the economic and social points of view. Inter-country adoptions, therefore, remain a necessity in some countries for there are regions where one cannot hope to find adoptive parents in the child's own country due to persistent prejudices against illegitimacy and apprehensions about heredity. At the present time, adoption abroad involves great hazards for the child, because of the difficulty faced by those concerned to ensure suitable safeguards. The obstacles are geographical — the distances; political — the frontiers; the lack of previous contact * Mr. S. D. Gokhale is the Assistant Secretary General of the International Council on Social Welfare for the region of Asia and Western Pacific. S. D.GOKHALE* between the child and its prospective adopters; the difficulty of making a thorough case study; lack of precise knowledge of and the continuance of a legal no man's land when a child is left between two national legislations. It may be relevant here to note the sociolegal aspects of inter-country adoption. Inter-country adoptions are essentially sociolegal transactions. It is difficult to think of any other activity in which the social worker has greater responsibility for keeping both aspects continuously in his mind and in his activity. The highest level of casework in an inter-country adoption will not compensate for oversight of a legal point nor will the most thoughtful attention to all the legal considerations guarantee that the inter-country adoption will be sound from the social point of view. It is therefore of the utmost importance that social workers, judges, lawyers and administrators learn to respect each other's competence and to work together with understanding of the importance of the contribution of social work, law and good administrative practices to successful inter-country adoptions. To be put genuinely into practice, these principles must therefore be accepted, not only theoretically but with a conviction as to their validity, by members of the legal and social work professions who are concerned with child welfare services or somehow responsible for the welfare of children. Although Indian Council of Social Welfare had been functioning as a correspondent of International Social Service for a very long time, it was dealing with intercountry and intra-country adoption on a S. D. GOKHALE limited scale. However, since it took the lead in framing and supporting the draft Adoption Bill now presented to the Loksabha (Indian Parliament), the Council developed its interest in the work relating to adoption, with a wider perspective. It became known in European countries, and to some extent in U.S.A., that children were available for adoption in India, first there were a few requests which soon grew into a sizeable proportion. The Indian Council, aware of the many dangers of international adoption, was greatly alarmed at the prevailing situation. The indiscriminate placement of children in families abroad without any adequate matching of the needs of the child and those of the family and complete lack of provision for supervision of follow-up, agitated the Indian Council of Social Welfare (ICSW) and its workers. Meetings were held in Bombay with the co-operation of various other bodies at which repeatedly the Indian Council pointed out the dangers of haphazard international adoption and the necessity of proper safeguards for our children being sent abroad under the Guardians and Ward Act of 1890. The Legal Positions It is not possible for a foreigner to adopt an Indian child under the present law in India. The only adoption possible is under the Hindu Adoption Act. The Bill for Adoption is pending before the Parliament and the Indian Council of Social Welfare, along with the Indian Council of Child Welfare, All India Womens Council and Guild Service is developing a strong opinion in support of this bill. At present, child care institutions, desirous of giving a child in adoption, take recourse to the Guardian and Wards Act in the absence of an Adoption Act and submit a petition to the High Court to grant guardianship of a child to the prospective adoptive parents. After the High