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No policy barrier to recognising foreign adoption orders for children born via surrogacy, Supreme Court rules

Chief Justice says inertia with regard to legislating area of surrogacy ‘not a viable option even in the near term’

There is no existing public policy barrier to recognising a Northern Irish man’s overseas stepparent adoption of his husband’s genetic twins born through a commercial surrogacy arrangement, the Supreme Court has ruled.

A woman donated an egg, while another woman in the US carried and gave birth to the children pursuant to a lawful commercial arrangement that agreed the couple were the intended parents.

On Thursday, the seven judges unanimously held that, even though aspects of the gestational carrier agreement would or could prove unenforceable in this State on public policy grounds, this would not necessarily dictate that children born under such agreements should not be recognised here.

There were also no issues of enforceability arising from the fact the birth mother’s consent to the adoption was given prior to the births, they ruled. Significantly, the surrogate mother reiterated long after the birth of the children her consent to surrender all parental rights, the court said.

Intercountry adoption ideally back to zero, says minister

During the committee debate that took place in the House of Representatives last week, Minister for Legal Protection Franc Weerwind said that he wanted to 'ideally reduce the number of intercountry adoptions to zero'. Despite pressure from the COC, prospective adoptive parents and several MPs, he also insisted on phasing out intercountry adoptions from the US. Although Defense for Children believes that intercountry adoption should end as soon as possible, we are pleased that the minister spoke out loud and clear during the debate and emphatically put the best interests of the child (and no other interests) first.

US adoptions

The minister agrees with the Central Authority that the adoption relationship with the US should be terminated. He emphasizes the strict application of the principle of subsidiarity from the UN Convention on the Rights of the Child and the Hague Adoption Convention. The core of this principle is that it is in the best interests of the child to be cared for and raised as much as possible in its own country and culture. This means, says the minister, that a child is only eligible for intercountry adoption if the country of origin does not see any possibilities to safely take the child in itself.

The US, which has not ratified the UN Convention on the Rights of the Child, has a different adoption system and also interprets the principle of subsidiarity differently. There is no question of a last resort: the US has ample opportunities to safely care for children itself. This is evident from, among other things, the country analysis. The US has long waiting lists for prospective adoptive parents and young children are the most sought after domestically. That is why the country is adopting (more) children from abroad. At the same time, the US is giving (fewer) children, especially babies, up for adoption. This cannot be reconciled with the principle of subsidiarity and the difference in interpretation is, as the minister rightly points out, unbridgeable. In addition, according to international publications, abuses have been reported in the American adoption system.

Adoptions from Portugal and Bulgaria

Mia and 20,000 adopted children fight for the investigation of illegal adoptions

On Thursday, the Danish Korean Rights Group and the 35-year-old Mia Lee from Ringsted questioned the Danish Appeals Board's investigations into adoption cases from South Korea and are now calling on the Danish Parliament to initiate an impartial investigation.

In Mia Lee's official adoption documents, she has written false from almost every line.

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Italian parties clash over same-sex adoption

Italian parties are divided on same-sex couples adopting children as the decision to ban the automatic registration of same-sex couple’s children in the civil registry has polarised the debate, with the Italian Left standing firm in support of civil rights.

Milan Mayor Beppe Sala (Democratic Party-PD/S&D) has denounced legislative gaps on the issue and called for a same-sex marriage law to simplify the adoption process for same-sex couples.

There is a need for a “very broad axis” between leftist parties to achieve greater protections for same-sex couples and their children, Sala said Wednesday at an event on the issue that the Greens organised at the European Parliament.

The event was attended by Greens co-chair Therry Reintke, PD (S&D) European Parliament delegation leader in the European Parliament Brando Benifei and Henriette Catharina Rinzema (Renew).

PD’s lower House group leader Chiara Braga announced that the party is ready to participate in this “battle of civilisation”.

Supreme Court Dismisses PILs Seeking Uniform Religion & Gender Neutral Laws On Divorce, Adoption & Maintenance

The Supreme Court on Wednesday refused to entertain the batch of petitions filed by

Advocate Ashwini Upadhyay seeking gender neutral and religion neutral legislations

in matters governing divorce, adoption, guardianship, succession/inheritance, and

maintenance across the country. The bench comprising CJI DY Chandrachud, Justice

PS Narasimha, and Justice JB Pardiwala held that the...

What if you cannot provide a birth certificate?

Some adoptees do not have a birth certificate. This can cause difficulties, for example when a copy of the birth certificate of both partners is requested with the marriage registration. What can you do if you cannot provide a birth certificate? In this article we list all the information.

Difficulties with the marriage registration

When An Sheela wanted to get married in 2004, she was unable to provide a birth certificate. “The problem was that we had already planned everything: the date, the room, the catering… The invitations had already been sent.” When An Sheela learned at the council that a birth certificate was required, she blocked. “I was disappointed and angry at the same time. There was a procedure through the court to obtain a birth certificate, but within the timing I would not have managed to get that sorted out administratively.”

Karen also encountered difficulties with her marriage registration in 1999. “I took my adoption certificate with me, but that was not enough. I had to provide a birth certificate. I had a Philippine birth certificate stamped in the year 1977, but that was not enough either, because it had to be a recent date.”

Mandatory registration in the registers since 2019

Letter-calling-for-investigation

Dear , We wish to express our unreserved support for those impacted by forced adoptions in Australia, and our recognition of the immense courage, determination, energy, and grief entailed in coming forward and sharing their experiences. We commend the Australian Government’s recognition of past harms and abuses, and the offerings of formal apologies to communities who bear the lifelong impacts of forced family separation. Gillard’s formal apology in 2013 and Australia’s commitment to increased openness of records and provision of support services was closely watched by adoptee communities overseas and in Australia and is viewed by many as an example to which governments around the world should aspire

Romania increases parental leave for adoptions to two years

Romanian president Klaus Iohannis recently promulgated a law increasing the duration of parental leave for parents who have adopted a child from one year, which is currently the case, to two years.

The project provides that the adopter or, optionally, either of the spouses of the adopting family who earn income subject to income tax, either from salary and related activities or from independent activities, copyright, or agricultural activities, may benefit from a so-called accommodation leave with a maximum duration of two years, as well as a monthly allowance.

The project's initiator, Liberal (PNL) deputy Alin Ignat, said after the parliamentary vote that the initiative is as simple as it is essential for people who decide to adopt a child in Romania, but especially for children who are given the chance of a life in a family through adoption.

"Today, these people benefit, upon request, from a paid leave with a maximum duration of one year. Unfortunately, reality shows us that many of the adopted children who have ended up in the social protection system following abandonment or the death of their parents have severe traumas to overcome, and the process of adapting to the new family is complex and full of challenges, a process that often involves psycho-emotional, medical, and behavioral recovery through integration into various specialized programs. We started from such cases when we devised and initiated the project that helps adoptive parents by granting the possibility of an accommodation leave of up to two years," Ignat said, cited by News.ro.

The Liberal deputy also stated that this project addresses the problem not only financially, but also addresses time, a resource that is often more precious. "In this case, it is about the time spent together by families where adoption truly creates parents and children, time translated into trust in each other, in oneself, and in the future, time translated into secure attachment, needs that receive responses, and steps towards emotional balance," he said.

Legally Free Certificates issued by CWC Srinagar are legally valid: HC

Srinagar: The High Court of J&K and Ladakh on Tuesday held that the Legally Free Certificates for adoption of babies issued by Child Welfare Committee (CWC) Srinagar dissolved on August 24 last year are legally valid.   

“… it is clarified that Legally Free Certificate of the babies issued by CWC, Srinagar dissolved on August 2022, are legally valid having been issued by the CWC, Srinagar, which is continuing pursuant to the interim directions passed by learned Single Judge dated 06.09.2022 in WP(C) no 1748/2022,” a division bench of Justice Sanjeev Kumar and justice Puneet Gupta said.    

However, the bench made it clear that apart from this direction it did not express its opinion on the merits of any other matter in connection with the adoption of the babies by the applicants.

 

Applicants, Dhyanesh Bhatt and Vaibhavi Kulkarni had approached the court seeking clarification with regard to validity of Legally Free Certificate issued by CWC for adoption of babies on January 24 this year.

Vi?inel B?lan was unfairly dismissed from the position of vice president of ANPDCA. The interview for Ziare.com was disturbing A

Vi?inel B?lan, the vice-president of the National Authority for the Protection of Children's Rights and Adoption, was dismissed from his position today by the Prime Minister of Romania, Nicolae Ciuc?, at ??the proposal of the Ministry of Family, Youth and Equal Opportunities. Sources say that the dismissal is based on the interview given to Olteanu Cosmin for Ziare.com , where he brought to light a series of systemic and structural problems of the child protection system, but also the limitation of some rights, such as access to correspondence and petitions. Nicolae Gorunescu was appointed in his place.VI?INEL B?LAN, former beneficiary of the child protection system from Bac?u is also a university assistant since October 2020 at the National School of Political and Administrative Studies and was the president of the Institutionalized Youth Council. He obtained the 2017 Award in the field of civic activism and human rights at the National Gala of Volunteers organized by the VOLUM Federation, being one of those nominated by Forbes 30 under 30 2017 edition. At 31 years old, he managed to become a doctoral student at the doctoral school in within the Bucharest National School of Political and Administrative Sciences, SOCIOLOGY specialization. He has degrees in law and theater, and managed to do a master's degree in criminal science and social work. Thus he, from the child rights NGO environment,social services and the directions of social assistance and child protection.AdsIn a post on Facebook , from today, March 28, 2023, he published a photo with the Decision regarding the release of Mr. Vi?inel-Costel Balan from the position of vice president, with the rank of undersecretary of state, of the National Authority for the Protection of Child Rights and Adoption. No. 69 / March 27, 2023 . At the same time, yesterday, March 27, 2023, the Official Gazette published the Decision regarding the appointment of Mr. Nicolae-Gabriel Gorunescu as vice-president, with the rank of undersecretary of state, of the National Authority for the Protection of Children's Rights and Adoption. No. 70 / March 27, 2023 .AdsVi?inel B?lan's activity was inconvenient for the child protection system, which stood out for its involvement in some of the most serious problems: child suicide, abandonment, their neuropsychiatry, but also the corruption that is so present in the protection system, things what seems to have been hidden by the leadership of the Authority, who slowly but surely isolated him and cut off his access and rights to exercise his function. Elena Tudor was one of the most adamant characters against Vi?inel's reforms and especially in total disagreement on topics such as adoption by LGBTQ+ couples, international adoption or even direct adoption, sensitive and taboo topics for the Romanian social construct.The interview granted to Ziare.com granted to Mr. Olteanu Cosmin was the straw that filled the cup and which also determined his revocation from office. Several organizations today submitted requests in the context of his dismissal to the Ministry of the Family to find out the reasons that led to this action of the Ministry, after the latter considered him suitable to lead alongside Elena Tudor ANPDCA.AdsPeople's reaction was not long in coming, and only 24 minutes after the post was published, the first reactions appeared:Felicia H??d??ean, a user of the social network writes that "In Romania, villainy defeats humanity." . Another user expressed his regret by commenting on the post "All the inconvenient people are removed, you have bothered telling and fighting for the truth and if there is no general reform it will be woeful and bitter for all who are fair and honest in this country (as many as are left)! Unspeakable regret, but I followed you and marveled at your courage and willingness to fight with your bare hands for the ideal of the afflicted of this nation. Rarely are such people born and trained, whose wings are clipped before flight. Pity!".AdsPop Crina, along with over 50 other people, claims that "Shame on them. Only in Romania is this possible. People who could do good things for us are removed. Shame on them."Until the time of publishing this article, the Ministry of Family, Youth and Equal Opportunities and the Government of Romania have not published any opinion related to this topic. It remains a mystery what the Address of the Ministry of Family, Youth and Equal Opportunities with no. 3602 of March 22, 2023, which is the basis of his dismissal and which was not published, but only mentioned in the revocation decision.Disclaimer: Article being updated. The situation is an exhaustive narrative of the source person and is being updated. This does not train the opinion of the Editor or the journalist, the role of the press being to inform the public, to be a platform for citizens' expression and to be the watchdog of democracy.Law 190 of 2018, in Article 7, states that journalistic activity is exempt from some provisions of the GDPR Regulation, if a balance is maintained between freedom of expression and the protection of personal data.AdsThe information in this article is of public interest and is obtained from open public sourcesOlteanu Cosmin is a journalist with 5 years of experience in the press, collaborator of Ziare.com and editor of the ROPAGANISM Editorial Office and the Medium Platform. He covers topics such as Politics, Human Rights, Cults and Current Affairs. Cosmin is also a theologian, entrepreneur, Romanian activist against discrimination based on religion and the founder of THE NEW PAGAN DAWN Association. 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Surse afirm\u0103 c\u0103 demiterea are la baz\u0103 interviul acordat lui Olteanu Cosmin pentru Ziare.com, unde acesta a adus la lumin\u0103 o serie de probleme sistemice \u0219i structurale ale sistemului de protec\u021bie a copilului, dar \u0219i limitarea unor drepturi, precum accesul la coresponden\u021b\u0103 \u0219i peti\u021biile. \u00cen locul acestuia a fost numit, Gorunescu Nicolae.","articleSection":"Actualitate","image":["https:\/\/tb.ziareromania.ro\/Vi--inel-B--lan-a-fost-demis-abuziv-din-func--ia-de-vicepre--edinte-al-ANPDCA--Interviul-pentru-Ziare-com-a-deranjat\/83d52568b1100ba04b\/400\/225\/2\/100\/Vi--inel-B--lan-a-fost-demis-abuziv-din-func--ia-de-vicepre--edinte-al-ANPDCA--Interviul-pentru-Ziare-com-a-deranjat.jpg"],"datePublished":"2023-03-28 12:17:20.086282","author":{"@type":"Person","url":"https:\/\/ziare.com\/autor\/olteanu-cosmin","name":"Olteanu Cosmin"}}The authors who sign the materials in the Invitations - Ziare.Com section assume full responsibility for the content. Acest text a fost copiat de pe Ziare.com Vi?inel B?lan was unfairly dismissed from the position of vice president of ANPDCA. The interview for Ziare.com was disturbing https://ziare.com/visinel-balan/visinel-balan-a-fost-demis-abuziv-din-functia-de-vicepresedinte-al-anpdca-interviul-cu-cosmin-pentru-ziare-com-a-deranjat-1796504?utm_source=Ziare.com&utm_medium=copy-paste