Introduction:
The word ‘Adopt’ can be defined and characterized as the legal cycle of ending a youngster’s legitimate rights and obligations towards the natural and birth-guardians and subbing comparative rights and obligations towards new guardians by establishing a type of similar rights and obligations with different people as their guardians. This Particular word is adopted from the Latin word ‘adoptare’, which means “to choose”. So basically, it means to voluntarily choose and take a child from its birth and original parents legally and establishing a similar kind of relationship with the people who are adopting the child.
The Majority of children who are being adopted are abandoned by their original parents or are parentless and for those children, adoption means a well proportionate mental and physical family environment which is the legal responsibility of the new guardians. Adoption is an unpredictable social marvel, personally sewed into its family law system and molded by the weights influencing the family in its social setting. It is the mirror that is mirroring the adjustments in our family life and the endeavors of family law to address those changes. All in all, it tends to be defined or termed as the legal or managerial act that builds up a lasting legitimate family connection between a minor and a grown-up who isn’t as of now the minor’s lawful parent and ends the lawful parent-kid connection between the supportive kid and any previous natural and original parent.[1]
Transnational Adoption
Transnational adoption is a method of adoption where an individual or a couple turns into the legitimate parent of a youngster who is born in an alternate country. The couples who are hoping to embrace and raise a kid usually belong to other country and they need to satisfy the legitimate states of both the nations, for example, the nation where the potential people dwell and the nation to which the kid has a place. A few nations have an appropriate framework set up to proceed with between nation adoption while a few countries disallow it.
Inter-Country Adoption in India
The judiciary in the case of Lakshmi Kant Pandey v. Union of India[2], laid down certain provisions regarding the adoption of the children in India. The Supreme Court of India stated that each and every child has a right to be adored and cherished. Just if a kid is raised in a family will he fill in an environment of adoration, and secure good and material security. Be that as it may, on the off chance that it isn’t workable for the organic guardians or anybody about care for the youngster, or on the off chance that the kid is relinquished by his/her family, at that point adoption of the kid will be best for the security of the kid. Adoption between two different nations picked up popularity around the mid-1940s to secure and adopt those kids who became vagrants in the period just after World War II. It was in light of the situation of these kids that this particular practice of inter-country adoptions began.[3]
As of now, Western Europe, Canada, and the United States are the receiving nations when it comes to inter-country adoption. Factors such as a higher rate of infertility and the increasing cost of infertility treatment provide an alternative to couples. The highlight is noted here is that typically in the nation of beginning (or the giving nation), an expansion in populace, outrageous destitution, and poor financial framework lead to the abandonment of youngsters.[4]
Child Adoption Laws in India
Hindu’s along with Jains, Sikhs, and Buddhists are governed by the Hindu Adoption and Maintenance Act, 1956. This legislation allows couples belonging to the aforementioned religions, to adopt and raise a child legally and this legislation also states that the adopted child has the right to inherit the property of its new parents. Religions other than the aforementioned such as people belonging to Christianity and Islam along with Parsis are governed by the Guardianship and Wards Act, 1890. The reason for separate legislation is, these religions don’t have their own personal law which is concerned with the adoption of children. However, this act only considers them as “Guardians” and not “Parents”. So, according to this act, the children are prohibited to inherit the property of their guardians.[5]
This act also considers the adopted children as a separate identity when they turn Twenty-one years of age.[6] Legislations concerning the Inter-Country Adoptions in India are very minimal. The principle laws directing and concerning Inter-Country Adoptions determine its position and legitimacy from Judicial Pronouncements and CARA Guidelines which sets out an eligibility criterion regarding the adoption of children. Hence, a National Policy for the welfare of children was put forth by the Indian Government in pursuance of its constitutional mandate.
The Government of India explained the motive and aim behind this policy in the following words: “The Nation’s children are a supremely important asset. Their nurture and solicitude are our responsibility. Children’s programs should find a prominent part in our national plans for the development of human resources so that our children grow up to become robust citizens, physically fit, mentally alert, and morally healthy, endowed with the skills and motivation needed by society. Equal opportunities for development to all children during the period of growth should be our aim, for this would serve our larger purpose of reducing inequality and ensuring social justice.”[7]
This National policy focuses on providing every basic necessity to the children to survive in the modern world. This lays emphasis to work in the fields of education, health as well as recreational activities. There is no express provision regarding ICA and India is now a signatory to the Hague Convention of 1993. India has signed the treaty in the year 2003. The government of India on 21st May, 1995 issued the “Revised Guidelines for the Adoption of Indian Children-1995” and it has been decided that the said guidelines would be revised with few developments as the years goes by.[8]
Issues & Concerns Arising out of Inter-Country Adoption
Child Trafficking is one of the major concerns when it comes to problems arising out of Inter-Country Adoption. Certain cases have been seen where a child had been a victim of human trafficking. Children are exported out of the nation illegally and without their consent. This results in issues like Child Labour, Child marriage etc. Post-Adoption Negligence is another concern regarding transnational adoption. Sometimes, the new legal guardians of the child are unable to take proper care of the children due to cases like poverty and unemployment, or sometimes the parents are too busy in their work-life that they forget to take proper care of the child. This results in signs of depression caused by loneliness and lack of attention from the parents, etc.
Conclusion
Transnational Adoption many times is a type of blessing for orphan children. It gives them an opportunity to start a new life in a different country with new parents. It can be considered as a blessing to the new parents as well, as it gives them the opportunity to start a new parental life. But in some countries, where there is the absence of adoption legislation, people end up violating the rights of the children. Practices like child labor and child marriage are considered a menace to society and it is really important on the side of the government to come up with legislations concerning those evil practices. Every child has a right to life and education and it is really necessary that the authorities look after the rights of orphan children.
References:
[1] All Answers Ltd., Inter country Adoption & Private International Law, November 2016, https://www.lawteacher.net/free-law-essays/family-law/an-analysis-of-inter-country-law-essays.php?vref=1
[2] Lakshmi Kant Pandey v. Union of India [AIR 1984]
[3] Pramit Bhattacharya, The Legal Framework Of Inter-Country Adoption, IPLEADERS, https://blog.ipleaders.in/legal-framework-inter-country-adoption/amp/#_ftnref2
[4] D. Howe, P. Sawbridge, and D. Hennings, “Half a Million Women”, New York: Penguin, 1992.
[5] Srasti Tripathi, Adoption laws in India need uniform code, August 18, 2019, Times of India, https://timesofindia.indiatimes.com/readersblog/readerandwriter/adoption-laws-in-india-need-uniform-code-5185/
[6] All Answers Ltd., Inter country Adoption & Private International Law, November 2018, https://www.lawteacher.net/free-law-essays/family-law/an-analysis-of-inter-country-law-essays.php?vref=1
[7] Ibid.
[8] Ibid.
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