INTER COUNTRY ADOPTION: SAVING ORPHANS OR CHILD TRAFFICKING?

Authors

  • Meghna Menda 3rd Year BA LLB Student, School of Law, Christ (Deemed to be University) Author

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Abstract

Adoption is the act of taking something on as your own. Adoption usually refers to the legal process of becoming non-biological parents.

A legal proceeding that creates a parent-child relation between persons not related by blood; the adopted child is entitled to all privileges belonging to a natural child of the adoptive parents (including the right to inherit)

When this adoption is done by foreigners with all legal formalities as described in the Inter-Country Adoption Bill, 1980, it is referred to as Inter-Country Adoption. 

The increase in the numbers of children being adopted by families from other countries has also been the cause of an enormous increase in Public Policy Controversy, leading to The Hague Convention and Treaty on International Adoption, and numerous countries changing their internal laws and policies, to regulate inter-country adoption practices.

India is party to the Hague Convention on Protection of Children and Co-operation in Respect of Inter country Adoption (Hague Adoption Convention). The Hague convention of 1993 operating through a system of national Central Authorities reinforced the UN Convention on the Rights of the Child. This convention was fruitful for creating international laws in protection of children and their families against the risks of illegal, irregular, premature or ill-prepared adoptions abroad.  India signed this Hague convention on inter-country adoption in 2003 and ratified the same with a view to strengthen International Cooperation and Protection of Indian Children placed in inter-country adoption. 

Published

07-04-2018

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How to Cite

Meghna Menda. “INTER COUNTRY ADOPTION: SAVING ORPHANS OR CHILD TRAFFICKING?”. Journal of Legal Studies & Research, vol. 4, no. 2, Apr. 2018, pp. 118-27, https://journal.thelawbrigade.com/jlsr/article/view/2120.