Inter-Country Adoption

Abstract:

Though the practice of adoption has been exercised from ages, the concept of Inter-country

Adoption is relatively a new concept. It can be defined as adoption of a child by a person of

another country. Inter-country adoption (ICA) is a practice that has gained popularity over the

last 10 years with the number of children adopted by families who live outside of the child's

birth country more than tripling. For couples (or individuals) whose country of residence has

few healthy babies available for adoption, going outside the country for a child is a desirable

option. It is also desirable from the perspective of the child, who usually comes from a

country with more available children than potential adoptive parents. Right away, these seem

to be two very compelling reasons to support the idea of inter-country adoption, and work

toward its best model. Also, our increasingly globalized world is blurring the edges of racial,

ethnic or national identity. In the United States, alone, more than 20,000 children a year are

being adopted from China, Russia, and other Asian, Eastern European, and Latin American

countries.

Research problem:

Mr. Smith and Mrs. Smith are an foreign couple who came to India to adopt an orphan child
named Christopher. They have completed all the procedures required for inter-country adoption
and have produced the necessary documents. They are now all set to leave the country with
Mani. However before they tried to leave India the officials have found that the documents given
by the couple were fake and they apprehended them under the Juvenile Justice (Care and
Protection) Amendment Act 2006.

Review of literature:
An Overview of Inter-Country Adoption with Special Focus on India- Dr. Achina Kundu,
Ms. Ayushi Kundu

This article in Manupatra helped me a lot in understanding my topic “Inter-Country

Adoption”. It also helped me to understand it’s provisions in India as well as other countries.

The Paradox of Inter-country Adoption – Legal Services India

This article given in Legal Services India helped me to understand the requirements of inter-
country adoption and money’s role in inter country adoption. It also helped me to understand the
concept of Transracial adoption.

Law Commission Report- Inter-country Adoption (Law commission of India)

The one hundred fifty third report on inter-country adoption given by Law Commission of
India in the year 1994 helped me to understand the legal position and legal efforts taken on
adoption law. This report has also made me aware of the role of child welfare organizations in
inter-country adoption.

Research Questions:

 What is CARA and Juvenile Justice (Care and Protection) Amendment Act 2006, and
how does it play a vital role in inter-country adoption?
 Is it necessary to strengthen the procedures and laws for inter-country adoption?
 What are the consequences if the procedure for inter-country adoption is not strictly
followed?
 Is the country from which the child is adopted still responsible for the child in any
ways?

Research Hypothesis:

In this project of Inter-Country Adoption, wherein diverse issues are involved when a child is
adopted from a nation and finally proceeding to a different nation. The act of ICA is for the
paramount welfare of the Child, but when a child is adopted few negative considerations even
crop up, leading to abuse of the child in many contours.
 In this project an attempt is made to analyze the problems associated with ICA like the
problem of Child trafficking, loss of culture and identity, exploitation of the child, etc. So, the
hypothesis which the project puts forth is the problem related to the loss of the cultural and
national identity of the child adopted. When a child is adopted, the child moves from one nation
to altogether to a different nation, thereby leading to the loss of the cultural and national identity
of the child and further related issues therein.

Tentative Chapterization:

 Introduction

 Inter-Country Adoption and India's Perceptive in it

 Present Legal Position and legislative efforts on ICA

 Judicial guidelines on ICA

 Comparison between International provisions for ICA and Indian Provisions for ICA

 CARA and Juvenile Justice (Care and Protection) Amendment Act 2006

 Problems in ICA

 Conclusion

Done by:

Sanjith C

BC0190041