National fund mooted for repatriated adoptions

An amount of 500 dollars has been suggested as payment for inter-country adoption. This won’t be applicable to special needs children.

Various adoption agencies expressed their reservations about the amount on grounds that it would discourage persons who wish to adopt. However,Justice Dr D Y Chandrachud,in whose chamber the hearing was held,said that the fund can be used if a child is sent back due to some disruption and cited the case of 14-year-old Malini (name changed) who was sent back by her American guardians in September 2008 after she developed behavioral problems. Malini is currently undergoing rehabilitative treatment at NIMHANS Bangalore.

“Such cases show the need for this kind of fund,” Justice Chandrachud said.

Justice Chandrachud pointed out that 500 dollars is nothing compared to the thousands spent by those who come to India for adoption. The judge also reminded the agencies that they are not doing any charity work.

Justice Chandrachud also commented on the help given by the Family Service Center which had taken up Malini’s case.

The court had appointed additional solicitor general DJ Khambata as amicus curie and sought the assistance of Asha Bajpai from the Tata Institute of Social Sciences in framing the guidelines in light of the Malini case.

Earlier,the court had allowed an intervention application filed by NGO Sakhee. Advocates for Sakhee,Jamshed Mistry and Pradeep Havnur,told the court that the guidelines should also cover instances of malpractices in foreign adoptions.

Last week the adoption agencies too filed an application to intervene which has been allowed by the court.

The court on Friday sought a further report from NIMHANS to check whether Malini can be relocated to Gurgaon without any complications to her rehabilitation treatment.

The court has also sought statistics from CARA regarding the number of special children adopted between 2007 and 2009.

The case will come up for hearing on January 29.

Draft guidelines

* Single parents (never married,widowed,divorced) up to 45 years can adopt

* Age difference between single adoptive parent and child should be 21 years or more

* Same sex couples are not eligible to adopt

* Prospective adoptive parents having composite age of 90 years or less can adopt infants and young children

* Adoptive parents must pay Rs 25,000 towards a safety fund which will be utilised for rehabilitation of children repatriated as a result of failed adoptions

* Foreign nationals willing to adopt children with special needs will be exempted from paying this amount

* In case of a failed adoption,the adoptive family or the international adoption agency will have to deposit US$ 5000 for the welfare of the child

* Adoptions should be sanctioned only under Hindu Adoption and Maintenance Act and the Juvenile Justice Act