The adoption of Indian children by foreign nationals is a controversial issue. To some people it is incomprehensible why Indian children should be sent abroad at all. This situation arises because adoption is still a bit of a stigma in India.
Indians are not very open to the idea of adoption. In foreign countries, there is the opposite problem where children are in short supply for adoption. While there are innumerable cases of Indian orphas being given a secure and loving home in another country, newspapers have reported a number of cases where the child has gone to an alien land only to be mistreated. Such children have been used as domestic servants, beggars and even for prostitution. In other cases, so-called adoption agencies have demanded exorbitant amounts from foreign nationals in consideration of giving a child in adoption and often this is under the label of maintenance charges and medical expenses supposed to have been incurred for the child. It is these cases that leave a bad taste in the mouth and make people wary of adoption by foreign nationals. In the matter of L.K. Pandey vs. Union of India, the Supreme Court of India has laid down certain guidelines that have to be followed in the case of foreign adoption in an attempt to safeguard the interests of the children.
A foreign national adopts an Indian child under the provisions of the Guardian and Wards Act, 1890. The Indian court will appoint the foreigner as the child modern Hindu law adoption
Points to keep mind
- The spouses permission is needed before adopting a child
Guardianship and ward act
The Guardianship and Wards Act, 1890 comes in aid to that
Non-Hindu couple/person who wishes to adopt a child. The Act allows guardianship' but does not allow complete adoption, and thus, makes the child a Ward and the interested couple their Guardian'.
The Hindu Adoptions and Maintenance Act
- An unmarried/divorced/widowed Hindu female can adopt a child
- A single female can make an adoption to herself in own right
- A married child can be adopted
- A child of 15 yrs and above can be adopted
- UN convention
- Indian constitution on roc
- GOI circular
- integrated child protection scheme draft (MWCD)
Ways of receiving children
Abandonment - child found abandon by public, police,individual from public place,cradle of orphanage ,hospital juvenile welfare board premises
- Unwed mother -if she allows on a valid stamp paper
- Relinquished child- children given up by their parents and their
- Statements recorded on stamp paper
- For care institution/organisation
- Where abandon babies are cared for