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Now we have a new legislation called "Juvenile & Justice Act, 2015" replacing the JJ Act of 2000. In this new act, adoption has assumed a significant importance with an exclusive chapter. Subscribe and follow this blog for more information in the days to come.

Monday, November 16, 2009

New Adoption Law?

Here is an interesting article about International adoptions through India. I would be surprised that there are that many adoptions from India, through which this happens, to warrant something like this. Does anyone know the real percentage of this happening? Please comment if you do.



Here is the link to the article:

http://timesofindia.indiatimes.com/city/mumbai/HC-framing-new-rules-for-international-adoptions/articleshow/5233659.cms

There are many loving families, in the U.S., who want to adopt and this would make it even harder to bring children home, especially as many of the children come with special needs that the parents would need to spend on once their beloved children are home. I think it may put too much on the new parents, perhaps even disabling them from adopting at all. Also, this last year many fees for adoption already went up, some even doubling over here, because of the Hague convention being put into effect.
I totally agree that these children who are sent back, for whatever reason, do need to be taken care of. I just think there could be another way to do it. Any thoughts?

2 comments:

Ruby Nakka - Admin. said...

Article begins with a sensationalizing statement to state “rising number of children” but only state the case of one child and one adult who have returned. I am not undermining the difficulties of the individuals who’ve returned but lack of responsible journalism does equal injustice to people whom they seem to portray as someone that they are protecting.

When the child is adopted from India Juvenile and Justice Act of 2000 (amended in 20006) is the law to go by and according to the clause (ii) of Section 2 of the act states the definition of “Adoption” as below: “adoption” means the process through which the adopted child is permanently separated from his biological parents and become the LEGITIMATE CHILD OF HIS ADOPTIVE PARENTS WITH ALL THE RIGHTS, PRIVILAGES AND RESPONSIBILITIES that are attached to the relationship.

When the child is placed in an adoptive family’s hands, it is understood that the parents accept the child as their legitimate child (read as biological child) and accepts responsibilities for his/ her care.

When the child develops health problems, they ought to take care of the child as their legitimate child rather than leaving their responsibility to send the child packing back to India is nothing but irresponsible. Adoptive child is not a ‘use and throw’ product. If it is your biological child and develops psychiatric issues, you would find every solution that is possible in the world to help him/ her. So, how about the adoptive child?

I have questions:

1.When a 14 year old American citizen develops psychiatric problems, how could CARA ask for that child to be repatriated? What legitimate legal jurisdiction does CARA has on foreign citizens? Is that child not become an American citizen? If she did, where is the American government in this story then?

2.If the child is an American citizen, can the adoptive parents be held accountable under the American law (under the Hague convention) for abandonment or any other relevant American law?

3.Doesn’t the judge’s solution of depositing 5000 dollars legitimize the ‘use and throw’ practice among those that can afford that amount of money?

No matter what, the solution should be that adoptive parents must be made to care for the child or be held accountable for abandonment under the law.

Ruby

Lynda said...

Ruby,

You have some very good questions, I don’t have or know answers to these. Our adoption was complete before Hague had fully implemented all of its new rules.

Q. #2. I would think this would fall under some type of American law to protect the child.

Q. #3. Sure does seem like this type of law would portray that thought.

I agree that when we adopt a child it is forever and we are responsible for their care, just like our birth children. When we went through the process of adopting our daughter the thought never did nor has now entered our mind of not caring for her, she is ours forever.

Thanks for your comments,

Lynda