India Adoption Agencies and Loss of Clients

First, India adoption agencies and placement of children born of rape to minor unwed mothers into adoptive families.

“In a significant order, the Bombay High Court has observed that children, born to minor unwed mothers in rape cases, cannot be treated as “property” in the crime while considering requests from Child Welfare Committees to declare such children free for adoption.

Accordingly, Justices R M Borde and R V Ghuge quashed orders of a Child Welfare Committee which asked an

adoption agency to seek NOC from court and permission from police to allow adoption of children born to unwed mothers who had been raped.

The High Court was hearing two separate petitions filed by Snehalaya Snehankur Adoption Centre which had applied to the Child Welfare Committee to give a declaration that such children, born to unwed mothers, were free for adoption.

Assistant government pleader told the court that the Child Welfare Committee had asked police to inform whether they would need the presence of children since they are born out of sexual violence, in respect of which act, an offence has been registered with the police. Besides, it was also awaiting a report from a probation officer.

The judges said, “Merely because children are born out of sexual violence to minor unwed mothers, it does not mandate calling of report from police as to whether they would need the children for investigation or for calling upon the adoption agency to produce a ‘no objection certificate’ from the competent court dealing with trial of offence.”

“It must be understood that the police are concerned with the investigation of crime which is in the nature of sexual violence meted to a minor girl. Also, the court in a trial is concerned with the offence of sexual violence alleged against the accused,” the judges said recently.

Considering the applications, tendered by adoption agency seeking a declaration from the committee that the children are free for adoption, those children, who are born to unwed minor mother out of sexual violence, cannot be treated as “property” involved in the crime,” the bench said.

“There is no role of police or court in a criminal trial relating to sexual violence, in the matter of grant of declaration by the committee that the children are free for adoption. We are of the opinion that the committee has not exhibited sensitivity, as contemplated by the government in its policy on children in 2003,” they said.

The judges further said, “It must be understood that what is pending before the sessions court is criminal trial concerning act of sexual violence committed by the accused against the unwed minor mother of the child.”

“The birth of the child and subsequent procedure, which is required to be followed under the provisions of Juvenile Justice (Care and Protection of Children) Act, is not connected with the trial pending before the Sessions Court.”

It is to be noted that in view of subrule (9)(c) of Rule 78, the Child Welfare Committee is obliged to issue a release order declaring that the child is legally free for adoption, within a period of six weeks from the date of application in case of children below the age of two years, the judges said.

In the instant matters, the children are surrendered and as contemplated by subrule (10)(c) of Rule 78, the adoption agency was competent to make an application directly to the Board for giving the child in adoption, the bench said.

It is for the adoption agency to wait for completion of two months reconsideration period to be given to the biological parent or parents. “In the instant cases, it does appear that sufficient time had been given to biological parents for reconsideration”, the judges said.

The bench noted that the committee had fallen in error in adopting the procedure in calling report from the probation officer, which is required for issuance of a declaration that the child is abandoned and certifying him as legally free for adoption. No such procedure is envisaged for granting certification in favour of the adoption agency in case the child is surrendered, the judges remarked.

In both these petitions, the children are surrendered by their respective unwed minor mothers through their guardians. The committee, in such circumstances, is obliged to pass order within six weeks from the date of application, the bench said.

“The committee has fallen in error in calling upon the petitioner adoption agency to produce a NOC from the criminal court. Apart from this, orders passed by committee are too vague,” the judges said while quashing them.”

Kids Born in Rape Cases Can’t Be ‘Property’ in Crime: HC

[Outlook India 8/15/13]

Adoption Agency Claims Reduced Number of Placements due to Illegal Adoptions (but have no evidence)

“Adoption agencies in the city believe that the number of abandoned children they receive has gone down considerably over the last few years, resulting in a corresponding drop in overall adoptions. Authorities at St Catherine’s Home, Andheri, say the home would give almost 38 to 40 children for adoption five years ago. However, last year, the number of adoptions dropped to 20.

Agencies are certain that birth rates haven’t dipped and people haven’t suddenly stopped abandoning children. [How are they certain? It couldn’t possibly be due to a growing economy and a younger generation appreciating girls more, right?] They suspect that private hospitals and nursing homes are carrying out secret adoptions illegally. “Hospital authorities involved in the process probably do it for a price. For people who want to give away their child, it saves them from the hassle of the legal paperwork involved in the process. So it suits both parties,” said Savita Nagpurkar, the adoption in-charge of Indian Association for Promotion of Adoption and Child Welfare, a Matunga-based adoption agency.

In case of such illegal adoptions, adopters do not have to go through rigorous background checks or are subjected to mandatory interviews. “This can prove dangerous for the child because there won’t be an official paper trail of his whereabouts.

The child can be abused or can face other grievous problems,” said Nagpurkar. In order to stop such practices, Nagpurkar and her adoption agency are spreading the message of safe surrender of children through posters at railway stations.

Sunil Arora, executive director of Balasha trust, an NGO for children, says that since the adoptions are not carried out through a legal channel, the biological parents can claim the child at any point, even five years later.

Sources from the Federation of adoption agencies (FAA) say they have brought the problem to the notice of the civic authorities. “The problem is that such adoptions are so well planned that most of the times they go undetected. I am sure the authorities will take action if such instances come to light,” said Arora.”

Illegal adoption graph rising in Mumbai, says NGO

[DNA India 5/18/13 by Amrita Nayak Dutta]

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