The Delhi High Court came to the rescue of a child-less Indian-origin couple from Germany who had been unable to take their adopted child back home thanks to a maize of cumbersome rules governing inter-country adoptions.

Sneha Agrawal | Posted by Dev Goswami

New Delhi, November 16, 2017 | UPDATED 03:53 IST

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Germany-based Dalip Arora and his wife with their adopted son.Germany-based Dalip Arora and his wife with their adopted son.

International adoptions. For the benefit of the uninformed journalists, here is how the authorities of the Democratic Republic of Congo and Italy have followed and verified the adoption procedures of Italian couples

Adoptions in the Democratic Republic of Congo return to being debated topic on the web. These days, in fact, some blog is back on the issue of international adoptions in the African country, the protagonists of a block started September 25, 2013 by decision of the local General Directorate of Migration (DGM) and ended only in late 2015 , when a special Inter-ministerial Commission, mandated to review all pending cases, after finishing its verification work, has given the green light for the granting of exit permits from the country by the DGM for children adopted by foreign families.Among the pending cases, many were related to Italian couples , whose dossier turned out all approved by the Interministerial Commission , composed of representatives of all Congolese ministries involved in intercountry adoption procedures. Therefore the children of the Democratic Republic of Congo adopted by families in our country could finally leave for Italy in full regularity and compliance with the laws of their country of origin.

However, some journalists, obviously poorly informed about the adoption procedures in force in the Democratic Republic of the Congo, continue to describe the African country as a land of "Wild West" where to lord it isthe legislative confusion and the absence of any controls by the authorities administrative and judicial.

For the benefit of those who think that the Democratic Republic of Congo is a kind of state without laws, we describe how to take place the steps leading to the adoption of a minor.

Each time you find an abandoned child, the social services of the reference Hall first issue the certificate of provisional custody and place the child with a foster family or an institution. The confirmation of this measure should arrive within 5 days of the Juvenile Court . Then it's up to the same Social Services noted the status of the child abandonment, by issuing the relevant certificate. It is at this point that the reception facilities reporting the minor for adoption to an authorized organization to operate in Congolese territory. At the same time, these institutions also receive information on the child and its abandonment certificate. Then the competent Juvenile Court to give the judgment of birth.

RESOLVED, That the American Bar Association supports the implementation of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, which entered into force with respect to the United States on April 1, 2008, so as to advance the responsible practice of intercountry adoption as an integral part of a comprehensive, concurrent strategy to address the problems of children around the world who are without permanent homes;

FURTHER RESOLVED, That the American Bar Association supports international adoption as an integral part of a comprehensive child welfare strategy to address the worldwide problem of children without permanent homes and supports policies that make the process of international adoption more timely, less costly and less burdensome, while ensuring that international adoption practices are ethical and legal;

FURTHER RESOLVED, That the American Bar Association supports the provision of comprehensive social services, economic support, and other family preservation resources in countries of origin to parents, or other relatives who have assumed a parental role, so that they can keep and nurture their children, and urges the United States government to provide resources and technical assistance to support such efforts;

FURTHER RESOLVED, That the American Bar Association supports worldwide development of safe and nurturing family-like temporary care for children without permanent homes pending their reunification with families of origin or their permanent placement with adoptive families, avoiding institutional placements to the greatest extent feasible so as to prevent the detrimental effects of such placements on the cognitive and psychological development of young children;

FURTHER RESOLVED, That the American Bar Association supports laws, policies, and practices that help assure that in-country adoption, permanent guardianship, and other permanent nurturing placement options are readily available for children without permanent homes; and

---------- Forwarded message ----------

From: "Nigel Cantwell"

Date: 15 Nov 2017 12:57

Subject: Re: report

To: "Arun Dohle"

1. By this petition, the petitioner seeks a direction in the nature of mandamus thereby directing the respondents to issue directions to the respective Visa Issuing Authorities that Certificate from Central Adoption Resource Authority (CARA) is not mandatory in view of an order of a Court under Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as „the HAMA Act?) from a Competent Court and further for a direction to respondent No.3, i.e., Ministry of External Affairs to issue a passport to the petitioner.

2. The petitioner was born on 15.01.2004. The biological parents of the petitioner are Shri Raj Kumar Arora and Smt Neeru Arora. The petitioner was adopted by his paternal uncle and aunt, i.e., the elder brother of Shri Raj Kumar Arora and his wife, namely, Shri Dalip Kumar Arora and Smt Vaishali Arora. Formalities and ceremonies for adoption were performed on 26.01.2015. A registered Adoption Deed was executed on 27.01.2015. The adoptive parents, who were married since 11.07.2008, did not have any child despite undergoing various medical procedures. The adoption of the petitioner was ratified by the Court of District & Sessions Judge (West), Tis Hazari Courts, Delhi, in a Guardianship Petition No.01/2015 by judgment dated 28.05.2015.

3. The adoptive parents of the petitioner are German citizens with Overseas Citizen of India (OCI) status and live in Hannover, Germany.

4. As per the petitioner, since the adoption was an inter-country adoption, the parents of the petitioner approached CARA, as directed by the German Consulate at Delhi. CARA refused to assist the petitioner's parents but required them to apply through proper channel for adoption on the premise that CARA was the Central Authority regulating inter-country adoptions, which were guided by the provisions of The Hague Convention, 1993 and accordingly, the parents would require a No Objection Certificate from CARA prior to applying for a visa and for such a Certificate they had to make an application for adoption with CARA. The parents of the petitioner allege to have approached CARA various times but there was no response or assistance from them.

5. It is contended that despite the fact that there is a valid adoption of the petitioner by the adoptive parents and there is a Deed of Adoption dated 27.01.2015 and a judgment of the Competent Court dated 28.05.2015 ratifying the adoption, CARA has required the parents of the petitioner to go through a cumbersome process by making an application for adoption to CARA.

73 Missionaries of Charity homes linked to central adoption ..

Read more at:

http://timesofindia.indiatimes.com/articleshow/66581789.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

Hyderabad, Nov 6 (PTI) The Hyderabad Police today arrested three persons for allegedly selling a baby girl under the guise of adoption.

The arrested trio included the father of the now four-month-old girl who was allegedly sold to a couple in Visakhapatnam and two brokers, the police said.

The girl has been rescued and re-united with her mother, who had lodged a complaint with the police alleging that her daughter had been sold for Rs 2 lakh, though she had given her away for adoption.

The arrested accused are identified as V Gangadhar Reddy, Shaik Khatoon (both brokers) and Shaik Yousuf, the father of the girl, DCP (South Zone) V Satyanarayana said today.

He said efforts are on to nab other absconding accused.

ADOPTIONS FROM VIETNAM ARE SET IN BERO

After careful consideration, the DIA has decided to relocate the cooperation with Vietnam.

Director Jeanette Larsen pronounces the decision:

"It is not an easy decision to regret long-term cooperation, not least because we know that it is of crucial importance to the families on the waiting list for a child from that country. "

"Once we have decided to relieve the cooperation, it is because in Vietnam there is no central management of the provision of children with special needs, and because the payment of care costs for the children's homes is not regulated. This implies a risk that not all adopts are implemented on a sufficient basis and without economic recovery in mind.

New Delhi: The Central Adoption Resource Authority (CARA) has said that there was no need to repeal personal law regarding adoption among Hindus as the “object and purpose” of the Hindu Adoption and Maintenance Act (HAMA) and Juvenile Justice (JJ) Act is different.

Chief Executive Officer of CARA, Lt Col Deepak Kumar said, “There was no problem with the personal law legislation but it needs stricter monitoring mechanism to avoid child trafficking and other such related cases.”

“Hindu mythology talked about 'beta ho gaya toh vansh ko aage badhayega (If a boy is born, he’ll take forward the lineage)'. The act gives parents an opportunity of a lineage. This does not mean that the act should be repealed. If one is a Hindu and wants to give up their child for adoption, then relying on this act is fine. The problem comes, when a middleman enters the picture. Children are sold off and trafficked. The problem is implementation and not the law,” said Kumar.

The CEO’s statement comes close on the heels of reports that the Ministry of Women and Child Development (WCD) is mulling over a proposal to initiate amendments in HAMA. The move is being mulled to repeal the adoption provisions under the Hindu law as it works parallel to the JJ act, which was a common law.

“This is a red alert for the ministry. There cannot be two parallel systems, as it makes it very difficult to check instances of child trafficking. The adoption provisions under HAMA need to be repealed so that adoptions happen only through the JJ Act. We will be moving a proposal to that effect before the Cabinet soon,” said the report which quoted WCD Minister, Maneka Gandhi.

By Archana More, Pune Mirror | Updated: Nov 7, 2017, 09.51 AM IST

Minor made to work as domestic help rescued from Nanded City

12-year-old girl from Solapur forced into labour for a year by man claiming to be advisor to one Bachpan Bachav Samiti; cops have booked Deshmukh after activists took the child away

Child labour flourishing under the name of 'domestic help' has come to the fore in the city, this time, ironically, at the home of an advisor to a group that claims to advocate against this very crime. In the latest development, a 12-year-old girl was rescued from a home in Nanded City, Sinhagad Road, after city-based activists received a tipoff that a minor had been working for many days at the Lalit building.

On Sunday, members of NGO Sakhee laid a trap and rescued the girl from the house in question, which belongs to an advisor on the Bachpan Bachav Samiti, Abhijitraje Deshmukh, who also happens to be state president of the All India Anti-Corruption Committee (AIACC). According to Sakhee, this is the first case in which a minor being used as domestic help has been rescued in Pune city.