The Supreme Court on Wednesday reiterated that the consent of the adopter’s legitimate children aged at least 10 years old is required in adoptions.

In a 10-page decision, the SC Third Division denied the petition for review on certiorari filed by Nena Bagcat-Gullas challenging the ruling of the Court of Appeals (CA), which in turn affirmed a decision of a regional trial court (RTC) that set aside an adoption decree granted to her.

The adoption decree was for a child who used to live with her biological mother at the house of Bagcat-Gullas and her husband, Jose.

According to the SC, after the child was abandoned by her mother, Bagcat-Gullas and Jose provided for the child's needs.

In May 2016, Bagcat-Gullas and Jose filed a petition for the child's adoption and correction of entries in the child's birth record before an RTC.

During the last sonography of her pregnancy, Meera found out that there was a tumour growing in her uterus. As they grappled with this reality, their doctor suggested adoption through SOFOSH.

The moment Pranit Kulkarni addressed her as “aai”, she collapsed crying. “She was essentially a complete stranger, so it was difficult for me to say ‘aai’. But it was a very emotional moment. I knew I looked like someone in this world and I just wanted to thank them once”, said Pranit about the first and the last time he met his biological mother.

Heartfelt gratitude to Dr. Nigel Cantwell for delivering an enlightening lecture on "Protecting the Rights and Best Interests of Children in Intercountry Adoption." Your presentation has sparked meaningful reflections among our students, challenging them to reconsider and deeply contemplate crucial aspects. Thank you for the impactful insights! #childrensrights #intercountryadoption   

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BULLETIN 6 COMMITTEE INVESTIGATION IN DOMESTIC REMOVAL AND ADOPTION

Giovanna Ricciardi’s Post

Giovanna Ricciardi

Children’s Rights Specialist at International Social Service (ISS)

5mo

Irregular adoptions in the
Ethiopian-Spanish context:
Strategies to redress the
adoption triad

In a growing number of countries, inquiries into past intercountry adoptions take place that identify systemic abuses and irregularities and conclude that adoption stakeholders encouraged or facilitated illegal intercountry adoptions. However, so far, the response from these stakeholders has been inadequate in addressing the profound human rights violations endured by those affected by illegal adoptions. Despite the growing movement of adoptees advocating for justice on behalf of themselves and their birth families and communities, adoption stakeholders in both sending and receiving countries have remained largely passive, lacking a coherent strategy to confront and rectify illegal intercountry adoptions. This inertia is exacerbated by the wide gap in adequate regulations regarding remedies and reparations for illegal intercountry adoptions

Facing the Past: Policies and Good Practices for Responses to Illegal Intercountry Adoptions aims to fill this critical gap by offering insights and recommendations to guide the process of reconciliation. Bringing together the contributions from scholars from various disciplines and adoptees themselves, this volume presents and discusses actionable measures that adoption stakeholders in both sending and receiving countries can employ to address the injustices inflicted upon victims of illegal intercountry adoptions. Targeting a diverse audience, including academics, policymakers, and adoption stakeholders, the book seeks to foster a path toward healing and accountability within the complex terrain of intercountry adoption.

Goa State Commission for Protection of Child Rights (GSCPCR) writes to various authorities, seeking action on these sensitive issues raised by O Heraldo in its reports published on December 29 and 30, 2023

Exercise caution over registering births, GSCPCR tells Directorate of Panchayats, Municipal Administration

GSCPCR has issued a series of directions to the DoP and DMA as to what steps should be taken

MARGAO: The Goa State Commission for Protection of Child Rights (GSCPCR) has written to the Directors of the Directorate of Panchayat (DoP) and Directorate of Municipal Administration (DMA) asking them to exercise caution in registering births at panchayats and municipalities amidst surge in unlawful adoptions.

In that regard, GSCPCR has issued a series of directions to the DoP and DMA as to what steps should be taken.

The High Court of Justice rules unanimously in a groundbreaking decision that same sex couples may adopt children, under the terms of the 1981 law on adoption.

Current law states that only “a man and his wife together” can adopt children, which has for the most part meant that only heterosexual couples have been able to adopt, although same-sex couples have been able to do so in rare circumstances.

In its ruling, the court notes that it had dismissed a previous petition on the issue in 2017 because the government at the time promised to amend the legislation which gave preference to heterosexual couples.

Acting Supreme Court President Uzi Vogelman points out in his ruling that this legislation was never completed and that the state has said there is no horizon for doing so.

Vogelman deploys the judicial doctrine of “interpretation” to re-read the 1981 law in order to understand the language as allowing two people in a committed relationship to adopt children, as opposed to a specifically heterosexual couple.

As per the findings of the GSCPCR, middlemen identify vulnerable families -- particularly those residing on the streets or facing financial hardship -- as potential targets in the child adoption game. 

Urges childless couples to follow legal adoption procedures and collaborate with adoption agencies

The Goa State Commission for Protection of Child Rights has issued an advisory regarding the alarming rise in unlawful adoption practices.

It has identified a concerning trend, especially in South Goa, where childless couples are involved in unauthorised adoption practices, posing significant risks to the well-being of vulnerable children.

The commission says that unlawful adoption practices present a substantial challenge, involving the bypassing of established legal procedures.