INTRODUCTION
The legal ramifications of adoption and surrogacy are intricate and have long been a problem in India. Despite the numerous laws and rules that have been implemented to control these issues, adoption and surrogacy continue to be fraught with difficulties and controversy. International laws and intercountry adoption will be the main topics of this blog.
Adoption is the procedure by which a person legally adopts a kid who is not their biological child.[1] When parents who reside in different countries adopt a child from another country, this practice is known as inter-country adoption. International rules and regulations, which are intended to safeguard the interests of the child and guarantee that the adoption procedure is carried out in a responsible and ethical manner, govern the inter-country adoption process.[2]
The Hague Convention on Inter-Country Adoption and other international treaties and accords define international rules for inter-country adoption. These rules are intended to guarantee that international adoptions are conducted in a transparent and legal manner, with the child’s best interests always taking precedence.[3] The process of inter-country adoption still faces a lot of difficulties, even if these rules are in place.
The Central Adoption Resource Authority (CARA) in India is essential to the regulation and facilitation of international adoptions. To make sure that inter-country adoptions are conducted in accordance with Indian laws and international norms, CARA collaborates with international adoption organisations and other stakeholders.[4] Despite CARA and other stakeholders’ best efforts, inter-country adoption in India still faces numerous difficulties and issues.
In the parts that follow, this blog will go over these issues in more detail, as well as how intercountry adoption will develop in the future and how international laws will apply to India.
INTER-COUNTRY ADOPTION IN INDIA
The procedure of adopting a kid into one’s own country from another country is referred to as inter-country adoption. The Central Adoption Resource Authority (CARA), a statutory authority under the Ministry of Women and Child Development, controls the inter-country adoption procedure in India.[5] Indian citizens must be potential adoptive parents, and the adoption must be in the child’s best interests in order to qualify for inter-country adoption in India.
The Hague Convention on Inter-Country Adoption, a treaty that strives to ensure that adoptions happen in the best interests of the child and prevent the kidnapping, sale, or trafficking of children, governs inter-country adoption. India has ratified numerous international treaties and accords that aim to control inter-country adoption in addition to the Hague Convention.[6]
There have been cases of inter-country adoption fraud in India despite the laws being in place when children have been carried unlawfully across borders and adopted without sufficient authorization from the relevant authorities.[7] This emphasises how crucial it is to guarantee that international laws are strictly adhered to in order to stop child exploitation and safeguard their rights.
All things considered, international adoption can be beneficial for both the adopted child and the adoptive parents. It gives parents the possibility to start their own family while offering children who need a permanent home the chance to grow up in a loving and safe environment. However, it is essential that international adoptions be conducted in a way that is open, moral, and in the child’s best interests.
INTERNATIONAL REGULATIONS FOR INTER-COUNTRY ADOPTION
The welfare and protection of children who are adopted from one country to another are significantly influenced by international regulations governing inter-country adoption. The 1993-founded Hague Convention on Inter-Country Adoption is a well-known international treaty that regulates inter-country adoption processes and establishes guidelines for the safety of kids and their families. The Convention aims to defend children’s rights, particularly the right to privacy and identification, and to ensure that international adoptions are in the best interests of the adoptees.
The Central Adoption Resource Authority (CARA) is in charge of putting the Hague Convention and other international laws governing inter-country adoption into effect in India. In order to encourage inter-country adoption in a transparent and moral manner, CARA collaborates with international adoption agencies and other pertinent organisations.
International laws governing intercountry adoption continue to present a number of obstacles and restrictions.[8] For instance, the rules and procedures governing adoption vary from one nation to the next, which can make the inter-country adoption process confusing and challenging. There have also been incidents of inter-country adoption fraud, in which children were either illegally removed from their country of origin or adopted under false pretences. These problems show that more stringent laws and control are required in order to stop similar situations from occurring in the future.
The welfare of the children and families involved is ensured in large part by international standards governing inter-country adoption, but it is nevertheless crucial to evaluate and update these regulations constantly to avoid cases of fraud or exploitation. The success of these policies in advancing the best interests of children and defending their rights will determine the future of international adoption.
CASES OF INTER-COUNTRY ADOPTION IN INDIA
In India, there have been more instances of international adoption in recent years. Due to the vast number of children up for adoption in India, many foreign parents decide to adopt Indian children. However, due to cases of fraud, exploitation, and trafficking, inter-country adoption has also come under fire and raised concerns.
Success Stories and Positive Outcomes: There have been numerous instances of international adoption leading to satisfactory outcomes for both the parents and the adopted children. Many times, intercountry adoption has been able to give struggling or institutionalized children love and secure homes away from their birth families. Many of these kids have gone on to live happy, prosperous lives.[9]
Concerns and Criticisms regarding Inter-country Adoption: Inter-nation adoption is criticised on the grounds that it frequently leads to child exploitation and trafficking. Children have occasionally been kidnapped from their birth homes under fictitious pretences and adopted overseas without the knowledge or consent of their relatives. In other instances, parents who are not entirely equipped to handle the responsibility of parenting a kid have adopted children.[10]
Addressing and Preventing Instances of Inter-country Adoption Fraud: The best way to ensure that international adoption is conducted fairly and ethically is to safeguard the interests of both the adopted children and their birth families. To avoid cases of fraud and exploitation in international adoption and to guarantee that only qualified and acceptable parents are allowed for adoption, governments, non-governmental organisations, and other organisations must cooperate.
In summation, inter-country adoption has the potential to improve the lives of both parents and children by bringing stability and happiness, but it must be done responsibly. To address and stop cases of fraud and exploitation in international adoption, all stakeholders must work together.
CONCLUSION
As a result, international laws and intercountry adoption both play a significant part in safeguarding the welfare of adopted children and surrogates. When handled properly, the adoption process can offer children in need a devoted and secure family. International laws, on the other hand, are designed to safeguard the rights of all parties engaged in the adoption process and avert instances of fraud and exploitation.
The Hague Convention on Inter-Country Adoption aims to make sure that the child’s best interests come first in every adoption. This is accomplished through international collaboration and the adoption of stringent eligibility requirements for potential adoptive parents.
Despite these efforts, there have been incidents of fraud and exploitation in the international adoption process, which emphasises the need for ongoing watchfulness and more stringent laws. Taking care of these concerns will assist ensure that international adoption is a feasible option for kids in need of a loving home and that everyone’s rights are upheld.
To guarantee that inter-country adoption is carried out in a manner that is secure, open, and in the best interests of the child, the Indian government must continue to collaborate with other nations and international organisations in the future. The adoption procedure and global regulations will need to be continuously monitored, reviewed, and improved in order to achieve this.
In closing, international laws and intercountry adoption both play a significant part in giving children in need caring and secure homes. India can guarantee that the rights of all parties involved are protected and that international adoption is still a viable choice for children in need by continuing to work toward a more open and effective procedure.
Author(s) Name: Akshar Aditya (Hidayatullah National Law University)
