Inter-country adoption
Meaning
Inter-country adoption, also known as transnational adoption is a mode of adoption in which
an individual or a couple becomes the legal parent(s) of a child who belongs to a different
nation. The couples who are looking to adopt a child belong to some other nation and they
have to fulfill the legal conditions of both the countries, i.e. the country in which the potential
adopters reside and the country to which the child belongs.
Concept of Inter-Country Adoption in India
Lakshmi Kant Pandey (rest in copy).
About CARA
CARA guidelines on adoption (2017) issued.
Problems Arising in Case of Inter-Country Adoption
Child Trafficking
In many cases, the child becomes the victim of human trafficking. Children are sold after
being taken out of the country by providing false information about the child and forging
documents.
Post-Adoption Negligence
In transnational adoption, post-adoption monitoring is extremely tough and hence the child
may be prone to negligence by the adoptive parents.
Post-Adoption Identity Problem
In cases of transnational adoption, the adoptive parents have to take the child out of the
country as guardians and then complete the adoption procedure of their country too. The
situation becomes very bad if the guardian does not turn out to be the adoptive parents of the
child.
Conclusion
Transnational adoption is a very good way to start a new life, for both the child and the
adoptive parents. But if there is no proper structure to follow up the adoption, the violation of
the rights of the child is sure to take place. India also needs better guidelines and laws to deal
with intra-country adoption. It is important that the security of the child is not only ensured
within the country but also when he goes out of the country after being adopted.
Need for Secular Law on Adoption
Introduction
Although Hindus have long recognised adoption as a legal and customary institution, India
does not have a general adoption law that applies consistently to all residents. Many homeless
children have been abandoned and mistreated, not only by their natural parents but also by
society. Social workers and reformers have been clamouring for such a law for the benefit of
many destitute children.
The Guardians and Wards Act, 1890, makes it easier for non-Hindus to adopt. This, however,
does not grant the child the same legal status as a child born to the family biologically. Unlike
a child adopted under the Hindu Adoption and Maintenance Act of 1956, a child adopted
under the Guardians and Wards Act, 1890 cannot become their own child as per law, assume
their name, or inherit their property by right. Only a guardian-ward connection is established
under this Act.
Case
Shabnam Hashmi v. Union of India (2014) – When Shabnam Hashmi went to her first
adoption centre in the suburbs of New Delhi, she was told they didn’t have any Muslim
children. Shabman Hashmi, who already had a son, desired to complete his family by
adopting a girl. In this case, the Muslim Personal Law Board’s opposition to the concept of
adoption in Muslims was that it was not permitted. Despite the fact that the ‘Kafala system’
exists for the benefit of children. A Muslim cannot adopt a child under this system but can
become a kafil to the child and care for the child’s upkeep and well-being.
The Supreme Court ruled that the JJ Act is a secular law that applies to everyone, including
Muslims, and that it was designed for the welfare of children, allowing anybody to adopt a
child. Thus, even if regulated by Muslim Personal Law, a Muslim can adopt a kid.
It was also stated that the freedom to adopt or be adopted is not a fundamental right in today’s
society. The reason for this is that there are different religious perspectives and practises on
the subject, and the circumstances are not yet favourable enough to make it a fundamental
right.
(Rest in Copy)
Conclusion
In India, a standard civil code for adoption legislation is essential. It does not infringe on the
fundamental right to freedom of religion. Furthermore, the state’s fundamental principles of
policy require it to promote uniformity to its laws.
Adoption rules for Hindus have vastly improved, as has the status of women in society. It is
absurd that Muslims in India are unable to lawfully adopt a kid due to a lack of a universal
civil code on adoption. By passing secular legislation, different Indian religions will be able
to lawfully adopt a kid. This will also help to lower the number of children who are without a
parent.
