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Adoption row: No progress report on Jennifer Haynes

Adoption row: No progress report on Jennifer Haynes

2009-12-01
By: Mayura Janwalkar

Mumbai: After spending more than a year without an identity in India, the case of Jennifer Haynes, 28, who was deported to India 20 years after her foreign adoption, may be set in motion.

The Bombay high court on Tuesday directed the inspection of the progress report filed with the court after Haynes's foreign adoption was allowed in 1989.

As a procedure, the foreign adoption agency that processes the adoption of a child is supposed to file a progress report of the child with the court from time to time until the child attains adulthood.

But Haynes's advocate Pradeep Havnur said, "We have examined the records pertaining to Haynes's adoption. Neither the Indian adoption agency nor its American counterpart has filed any progress reports in all these years since her adoption."

Additional solicitor general DK Khambata told the court that the Central Adoption Regulation authority too has called upon the Americans for International Aid and Adoption, the agency that processed Haynes's adoption in 1989 for the progress reports filed by it.

Haynes was deported to Mumbai in July 2008 owing to incomplete formalities at the time of adoption as a result of which she did not gain American citizenship in spite of having been adopted by an American family and lived there for the past 20 years.

Justice Ranjana Desai and justice Mridula Bhatkar will hear the case on December 10.

'Sorry, I can't disclose the identity of Haynes's mum'

'Sorry, I can't disclose the identity of Haynes's mum'

9/2/2009
Mayura Janwalkar / DNA

Mumbai: Twenty-one years after 85-year-old Clarice D’souza gave away Jennifer Haynes, 28, in adoption to US national George Hancox, she filed an affidavit in the Bombay high court, stating that she could not disclose the identity of her biological mother.

Haynes was deported to India owing to incomplete adoption formalities at the time of her adoption in 1989.

Haynes, who was separated from her American husband and two children — aged six and five — as a result of her abrupt deportation, had alleged various malpractices under the guise of foreign adoptions and sought action against the Americans for International Aid and Adoption that processed her adoption.

Refuting allegations made by Haynes, D’souza, a trustee of the now defunct Kuanyin Charitable Trust from where Haynes was adopted, has stated that many children are adopted by US nationals and they settle and adapt well.

D’souza has stated that Haynes allegations are baseless and her petition in court is not maintainable, as she has not exhausted the remedies available to her.

An exasperated Haynes said: “More than anything else, I want to go back to my children. But now that I am here in India I want to know something about myself, my family, my mother. I don’t want to go back to the US empty-handed.”

But D’souza’s affidavit suggests she will have to remain clueless about her parents. The 85-year-old said that revealing her mother’s identity would be a breach of confidentiality her mother was promised at the time of surrendering her child. She also states that it is now over 20 years since the documents were submitted to the court and she does not have them anymore. Haynes’s advocate Pradeep Havnur has sought two weeks time from the court to file a reply.

'My foster parents treated me like a slave'

'My foster parents treated me like a slave'

 

16 January 2009

Mayura Janwalkar

Mumbai: At just 27, Jennifer Haynes has experienced more than most people her age. In an exclusive interview with DNA, the thoroughbred American talks about being abruptly deported to her place of birth 20 years after she was adopted by an American couple.
A traumatic childhood
Born in Mumbai on July 29, 1981, Haynes was adopted as an eight-year-old by US nationals, Edward and Melissa Hancox, and flown to USA in November 1989.

Verdachten adoptiezaak opgepakt

za 17 mei 2008, 13:37

Verdachten adoptiezaak opgepakt

door onze redactie


Twee hoofdverdachten in een geruchtmakende zaak over
illegale adoptie van Indiase kinderen zijn opnieuw opgepakt. Dit berichtte
zaterdag de Times of India.




De Indiase politie heeft op grond van nieuw bewijsmateriaal vrijdag twee
mensen van het bureau Maleisische Sociale Dienstagentschap (MSSA), gearresteerd.
De verdachten Vatsala en Somasunbdaram werden in 2005 al enige tijd
gevangengehouden in verband met de mogelijke betrokkenheid van hun bureau bij
illegale adopties, onder meer door Nederlandse adoptieouders.


De twee zijn nu opgepakt in het kader van een derde zaak. Ze zijn volgens de
Indiase recherche in deze strafzaak allebei direct betrokken geweest bij de
ontvoering van een kind uit een arme buurt. Dat is later door een Amerikaans
gezin geadopteerd.


MSSA zou betrokken zijn geweest bij de regeling van 350 adopties waarvan
vijftig in Nederland. De strafzaken tegen MSSA in India hebben ook in ons land
tot grote commotie en een officieel onderzoek geleid.

Romania rethinks adoption ban despite child-trafficking concerns

CHILDREN AND FAMILIES | 26.04.2011

Romania rethinks adoption ban despite child-trafficking concerns

 

 

 

Search for Saudamini’s mother : HC issues notice to orphanage

Search for Saudamini’s mother : HC issues notice to orphanage


 Mumbai, Tue Nov 22 2011, 03:11 hrs

In the case of Rebecka Saudamini Arnes, who was adopted from India by a Swedish couple 33 years ago and is now in search of her biological mother, the Bombay High Court on Monday issued notice to Shraddhanand Mahilashram, Matunga, from where Arnes was adopted.

After a nearly four-year long search for her mother, Arnes moved the Bombay High Court in August with a petition filed through her lawyer Pradeep Havnur, seeking the court’s help to get more information about her mother, who is believed to have surrendered her as a two-day-old baby in Shraddhanand Mahilasharam.

In the petition filed jointly with her adoptive mother Eva Lindgren (60), Arnes has sought a court direction to the police to take action against Shraddhanand Mahilashram for not disclosing information about her biological mother. She has contended that it is her “legitimate and constitutional right to know about her origin and roots in India.”

Havnur told the court that in a similar case, the Supreme Court had allowed an Indian adopted by foreign nationals to access information about his biological parents from the adoption centre's records.

Justiced A M Khanwilkar and R G Ketkar asked Shraddhanand Mahilasharam to file its reply in the case by December 7 and adjourned the case till December 15.

Annexed to Arnes’ petition, however, is an email exchange between her and Tushar Gandhi, the great grandson of the Mahatma, who runs the Mahatma Gandhi Foundation in Mumbai, in which he had asked Arnes to stop bothering him.

Arnes had contended that her adoption was facilitated by Gandhi's parents Arun and Sunanda, who at the time helped a number of Swedish couples adopt Indian children. However, since Gandhi still lives in Mumbai, Arnes had sought his help to trace her roots. Gandhi, is however, not a respondent in her petition.

HC allows Swedish citizen to file complaint in adoption case

HC allows Swedish citizen to file complaint in adoption case

Mumbai, Jun 12 (PTI) The Bombay High Court has allowed a Swedish national, who was adopted from India in 1977, to file a complaint before a Magistrate seeking action against an adoption centre, which had refused to reveal information about her biological mother.

Hearing a petition filed by Rebecka Saudamini Arnes, Justices A M Khanwilkar and A R Joshi, yesterday, disposed of her petition, seeking a direction to police to take action against Shradhanand Mahilashram at Matunga here, from where she was adopted.

       After a four-year search for her mother, Arnes had approached the High Court in August last year by filing a petition jointly with her adoptive mother Eva Lindgren.

     She prayed for a direction to police to seek action against the Mahilashram located in Matunga here for not disclosing information about her biological mother.

      The Court had earlier directed the petitioner to file a complaint before a Magistrate. However, she did not do so.

The Court had also asked the state government to seek information from authorities at the missing persons bureau regarding Arnes's biological mother.

      Arnes said she was given away in adoption to a Swedish couple when she was a two-day-old baby at Shradhanand Mahilashram.

      Arnes had also annexed to her petition an e-mail correspondence between her and Tushar Gandhi, great grandson of Mahatma Gandhi, who runs the Mahatma Gandhi Foundation in Mumbai.

      Arnes had contended that her adoption was recommended by Gandhi's parents Arun and Sunanda, who at the relevant time had helped Swedish couples adopt children from India. As he (Gandhi) still lived in the city, the petitioner sought his help to locate her roots and find out who was her biological mother. However, Gandhi had sent terse replies to her e-mails.

HC dismisses Swedish national's plea against Ashram

HC dismisses Swedish national’s plea against ashram 

Express news service
The Bombay High Court on Monday disposed of a petition filed by Swedish national Rebecka Saudamini Arnes, who was adopted from India in 1977, seeking action against Shraddhanand Mahilashram in Matunga where she was adopted from.Justices A M Khanwilkar and A R Joshi directed Arnes to file a private complaint before a magistrate if she wished to pursue her case against the adoption centre.After a four-year long search for her mother, Arnes moved the Bombay High Court in August, 2011 with a petition filed through her lawyer Pradeep Havnur. In the petition filed jointly with her adoptive mother Eva Lindgren (60), Arnes had sought a court direction to the police to take action against Shraddhanand Mahilashram for not disclosing information about her biological mother.Additional public prosecutor Aruna Kamat-Pai told the court that it had already directed Arnes to file a private complaint in the case inApril.Earlier, the court had also asked the state government to seek information from authorities at the missing persons bureau regarding Arnes’s biological mother, who is believed to have surrendered her as a two-day-old baby at the Shraddhanand Mahilasharam.However, observing that the main prayer made by Arnes —the complaint against Shraddhanand Mahilashram—had been dealt with, the court disposed of the petition. Annexed to Arnes’s petition in the HC, was an email exchange between her and Tushar Gandhi, great grandson of Mahatma Gandhi, who runs the Mahatma Gandhi Foundation in Mumbai. Arnes had contended that her adoption was facilitated by Gandhi’s parents Arun and Sunanda, who at the time helped a number of Swedish couples to adopt Indian children. However, as Gandhi still lives in Mumbai, Arnes had sought his help to trace her roots. Gandhi, however, had sent sharply-worded replies to her emails.

Gandhis vs a Swedish nurse: The murky secrets of international adoptions

Gandhis vs a Swedish nurse: The murky secrets of international adoptions

  by  10 September 2012

Why are the descendants of the Father of the Nation trying to keep an Indian adoptee from finding out who was her birth mother?

Mihir Srivastava’s cover story for Open Magazine about the tangled web of international adoptions tries to shed light on many dark family secrets but the story of Rebeckah Saudamini Arnes, a 34-year-old nurse from Sweden sticks out because of the Gandhi name.

Arnes was adopted by a Swedish couple but when she tried to find out about her birth mother she hit a roadblock. Her adoption was facilitated by Arun Gandhi, the Mahatma’s grandson and later by Tushar Gandhi, his great-grandson through the Mahatma Gandhi Foundation.

Arun Gandhi, who has allegedly threatened Rebeckah against trying to find her biological mother. Reuters.

But Arnes and her boyfriend Johann Berggren allege that the Gandhis have been less than helpful in her quest to uncover her roots.

The main issue, of course, is birth mother confidentiality. Arun Gandhi told her in an email that the father and mother have a right to privacy and that information cannot be divulged until they waive that right.

But then it gets more intriguing.

Arun Gandhi wrote to Arnes: ‘You must remember: you are assuming that your mother lives in poverty and destitution. That is not so. Anyone who could go to a private nursing home for delivery has to be upper middle class.’

When she persisted it started getting uglier.

Tushar Gandhi to Arnes: I am going to write to the Indian embassy in Stockholm requesting never to give you a visa to come to India, and believe me they will listen to me.

And it didn’t stop there. Gandhi went on to call Arnes her birth mother’s “curse not her offspring” and a “curse on her fate since the day you took root in her womb”.

The Gandhi name jumps out of this story but what Srivastava is writing about are the enormous bureaucratic hurdles adoptees face trying to ferret out their history from within our paper raj. In a culture that often gives short shrift to privacy, adoption is still shrouded in so much stigma that privacy laws kick into high gear when it comes to protecting the parents’ identity.

The debate over whether the right to know is a right at all is a tricky one. But Srivastava’s article is worth a read because it points to some things that often get left out of adoption stories.

The international adoption story is usually written as the story of the child, almost always a girl child, born in abject poverty, abandoned at the doors of an orphanage who gets a chance at another life abroad. Srivastava complicates that story by suggesting, as in Arnes’ case, that sometimes a child is given up for reasons other than poverty.

The adoption racket, whereby foreign adoption agencies are accused of basically being in the business of legalized child trafficking has been getting quite a bit of attention these days. But activists say some of the government response has been counterproductive. When India’s Central Adoption Resource Authorty (CARA) bans third-party searches on adoption histories, who is it really protecting? The child who might want to know his family medical history or the agency that facilitated the adoption or the birth parents?

The Hague Convention on Intercountry Adoptions tries to address some of those concerns  by setting standards to try and create a clear bright line between adoption and trafficking. That might eliminate stories such as the one that happened to Cha Jung Hee. An eight-year-old Korean girl was adopted by an American family in 1966. Her passport said Cha Jung Hee but the girl knew she was not the person the family thought they were adopting. She had been switched since that girl had left the orphanage and the orphanage did not want to lose the sponsorship money, 15 dollars a month, the adoptive family was sending on her behalf. That girl eventually went back to South Korea as a grown woman to find out what happened to the real Cha Jung Hee and made a documentary about it. Adoption was so huge in Korea after  World War II there was a national programme on television trying to reunite missing children with their birth parents. That’s nowhere on the cards in India. But the bureaucracy that shrouded Cha Jung Hee’s case is as opaque as the one in India.

But tracking down a birth parent is often quite a traumatic experience for all sides concerned. In her 2010 novel Secret Daughter, Shilpi  Gowda traces the impact of a child given up for adoption on both the family that takes her in and the family which gives her up. When the child, as a young woman, tries to uncover the truth she is forced to question an old adage we take for granted. Is blood really thicker than water, especially the water you have grown up drinking your entire life?

However whether one is ready to actually know the answers one seeks is way down the road for the adoptees Srivastava profiles. As the stories of Arnes and some of the other adoptees in Open show, it’s not clear if  these Indian-born children even have a right to ask these questions in the first place.

You can read Mihir Srivastva’s entire article here in Open Magazine.

Trace adopted Swedish woman’s biological mother, HC tells state

Trace adopted Swedish woman’s biological mother, HC tells state





MAYURA JANWALKAR :  Fri Apr 27 2012, 01:27 hrs
Rebecka Saudamini Arnes

Was given up at Matugna mahilashram when she was two days old

The Bombay High Court has directed the state government to trace the biological mother of Swedish national Rebecka Saudamini Arnes, who was adopted from India in 1977, raising the hopes of the 34-year-old psychiatric nurse from Hoor, Sweden, who has been looking for her for nearly five years.

The Bombay High Court last week asked the state government to seek information from the Missing Persons Bureau and initiate action to trace Arnes’s mother, who is believed to have surrendered her when she was two days old at the Shraddhanand Mahilashram in Matunga.

After a four-year long search, Arnes moved the Bombay High Court in August 2011 with a petition filed through her lawyer Pradeep Havnur. In the petition filed jointly with her adoptive mother Eva Lindgren (60), Arnes sought a court direction to the police to take action against Shraddhanand Mahilashram for not disclosing information about her biological mother.

In their order, Justice V M Kanade and Justice P D Kode, however, observed that Arnes had the option of filing a private complaint against the institute. Adjourning the case for two weeks, the judges wrote: “So far as tracing her (Arnes) biological mother is concerned, we direct the learned Additional Public Prosecutor for the state to take instructions from the Missing Persons Bureau authorities and take steps to trace petitioner no. 1’s (Arnes) missing biological mother.”

Annexed to Arnes’s petition, however, is an e-mail exchange between her and Tushar Gandhi, the great grandson of the Mahatma, who runs the Mahatma Gandhi Foundation in Mumbai. Arnes had contended that her adoption was facilitated by Gandhi’s parents Arun and Sunanda, who at the time helped a number of Swedish couples adopt Indian children. However, since Gandhi still lives in Mumbai, Arnes had sought his help to trace her roots.

Gandhi, however, was not of much help and had in fact written some hurtful mails, Arnes had said. Gandhi, however, is not a respondent in Arnes’s case before the court.

Her petition, however, stated that the reluctance of the Shraddhanand Mahilashram in disclosing her mother’s identity had given her reason to believe that she was illegally given up for adoption.

She also cited discrepancies in her vaccination certificate obtained from the BMC and an affidavit filed by the adoption centre in the Bombay High Court that allowed the foreign adoption in 1978. She claimed her mother’s name has been scribbled on the vaccination certificate.