1.
INTER COUNTRYADOPTION
Satya Ranjan Swain
B.A.LL.B (Hons.) (1st sem.)

2.
CONTENTS
 Introduction
 Background
 Problems
 Solutions
 Cases
 Conclusion

3.
ADOPTION
Adoption is a process by which people take
a child, who was not born to them and
raises him or her as a member of their
family.
Adoption is a transaction where the mutual
rights and responsibilities of the child is
permanently transferred from the biological
parents to the adoptive parents.

4.
REASONS FOR ADOPTION
• Due to the death of birth parents, the orphans left behind
are put up for adoption rather than being fostered.
• Where a child is found abandoned and the birth parent is
never traced.
• Where birth parents place their child for adoption because
they are unable to take adequate care of the child, because
they have failed to receive the resources, or they are
pressured by their own parents or others.
• Adoptive parents may wish to adopt due to
infertility, compassion for adoptees and to avoid passing
on inheritable diseases.

5.
TYPES


6.
INTER COUNTRY ADOPTION
• Inter country/international adoption is the placing of a
child for adoption outside that child’s country of birth.
• The laws of different countries vary in their willingness to
allow international adoptions. Some countries, such as
China and Vietnam, have relatively well-established rules
and procedures for foreign adopters to follow, while
others, the United Arab Emirates (UAE) for
example, expressly forbid it.

7.
BACKGROUND
• Over the past three decades, 2,65,677 babies have been
placed in Inter Country Adoptions.
• India holds a noticeable position among the sending
countries. But there is no legislation that covers inter-
country adoption.
• The United States ranks first among the receiving nations
followed by Europeans, accounting for over half of all
ICAs worldwide.
• Over 20,000 inter-country adoptions are taking place per
year in addition to the more than 200,000 foreign-adopted
children already living in the U.S

8.
GROWTH OF INTER COUNTRY
ADOPTION
20000
18000
16000
14000
12000
10000
8000
6000
4000
2000
0
1992 2002

9.
CONTD.
• There are 255 foreign adoption agencies (131 are
government bodies) and 74 Indian placement agencies
which are recognized by the Government of India for ICA.
• The Department of Homeland Security - U.S. Citizenship
and Immigration Services (USCIS) is playing a key role in
the inter-country adoption process.
• India has a noticeable excess of girls being adopted
i.e.68% girls.
• In 1981, about 95% of Chinese children adopted are girls.

10.
COUNTRY WISE
7000
6000
5000
4000
3000
2000
1000
0

11.
ACTS
• The Hindu Adoption And Maintenance Act, 1956
• The Guardians and Wards Act, 1890
• Juvenile Justice Act, 1986

12.
ADVANTAGES OF
INTERNATIONAL ADOPTION
• Economically a child steps up into a higher
class.
• The child also realize new
educational, social opportunities.

13.
PROBLEMS
Child trafficking or child laundering;
 Suicide amongst international adoptees;
 Forced begging;
 Forced and exploited labour;
 Forced prostitution;
 Forced or exploitative domestic service;
 Forced work on inherent and hazardous
industries; and
 Forcedly taking out different organs.

14.
EXPECTATIONS FROM THE
STATE DEPARTMENT
i. Provide information about inter country
adoption in countries around the world.
ii. Provide general information about visa
requirements for inter country adoption.
iii. Make inquiries of the consular section abroad
regarding the status of a specific adoption case
and clarify documentation or other requirements.
iv. Ensure that citizens are not discriminated against
by foreign authorities or courts in accordance
with local law on adoptions.

15.
WHAT MORE TO BE DONE?
• Effective steps to be taken to ensure that
inter country adoptions take place in the
best interests of the child. A system of co-
operation should be established amongst the
States to prevent the abduction, the sale or
illegal trafficking of children.

16.
FROM PAGES OF NEWS
PAPER
• On December 12, 2007, the United States ratified
the Hague Convention, which will go into effect in
April 2008. The State Department will be the
Central Authority (as mandated by the Hague
Convention) and with guidance from the
Department of Homeland Security, will establish
ethical practices and regulations, accredit adoption
agencies, maintain a registry of complaints, and
decertify non-Hague-complying agencies.

17.
RELATED CASE
• Lakshmi Kant Pandey v. Union of India: [(1984) 2
SCC 244; AIR 1984 SC 469]
• This is an extremely important case relating to the
adoption of Indian children by persons inside and
outside India.
• In the absence of legislation, the Supreme Court
framed elaborate guidelines in the matter. There
was no law to regulate inter-country adoptions and
such lack of legal regulation could cause
incalculable harm to Indian children.

18.
CONTD.
• Considering the possibility of child trade for
prostitution as well as slave labour, legal
regulation of such adoptions was essential.
• Therefore, Justice Bhagwati created a scheme for
regulating both inter-country and intra-country
adoptions. The Supreme Court held that any
adoption in violation of or non-compliance with
may lead adoption to be declared invalid and
expose person concerned with to strict action
including prosecution.

19.
CONCLUSION
• Adoption involves a permanent termination
of parental rights and links the child
permanently to another family. So, the laws
related to adoption should be very strict.
• The children are vulnerable and totally
dependent on the adults who are making
their life decisions. Hence, safeguarding
their rights and interests should be given
prime importance.