Adoption

ADOPTION PROCEDURES

“Sir, we were living hopeless for past 15 years without a child. Now we have meaning in life with the coming of child Shivani (name changed) into our life. Our hearts are broken now that you are taking her away from us” (Adoptive Parent of Shivani)

This was one of the most difficult situations faced by Don Bosco CHILDLINE in the previous week. We received information that a family adopted a child without following proper procedures at Varkala, Thiruvananthapuram. Our team visited the place and confirmed that the family adopted a child from Kuzhithura, Tamil Nadu from an advocate (lawyer). He had handed over the child with pseudo documents; had not followed proper procedures and had recieved more than 4 lakhs from the couple. When we spoke about the procedures of adoption, what upset them most was losing the child. The adoptive mother of the child could not contain her grief. The lawyer had handed over the child providing misinformation regarding the adoption.

Adoption

Adopting a child without the involvement of an authorised adoption agency is illegal. Central Adoption Resource Authority (CARA) an autonomous body under the Ministry of Women & Child Development, Government of India, is mandated to monitor and regulate in-country and inter-country adoptions.

Adoption connotes the establishment of a socially constructed and legally sanctified parent-child relationship between those who do not share this biologically. As a universal custom, adoption has existed across large parts of the world since ancient society times. However, cultural norms and practices related to it vary for society to society. In India, an Indian, Non Resident Indian (NRI), or a foreign citizen may adopt a child. There are specific guidelines and documentation for each group of prospective adoptive parents. A single female or a married couple can adopt a child. In India, a single male is usually not eligible to be an adoptive parent. A single man desiring to adopt a child may be eligible if he applies through a registered agency. However, he will still only be able to adopt a male child.

An adoptive parent should be medically fit and financially able to care for a child. A person wishing to adopt a child must be at least 21 years old. There is no legal upper age limit for parents but most adoptive agencies set their own benchmarks with regard to age. For a child who is less than a year old, the adoptive parents can have a maximum combined age of 90 years. Also, neither parent must be older than 45 years. In the case of adoption of older children, the age of the parents may be relaxed accordingly.

The Laws and Procedures governing adoption

The adoption procedure in India is governed by two legislations, namely, the Hindu Adoption and Maintenance Act, 1956 (HAMA), and the Guardians and Wards Act, 1890 (GWA). Under the Hindu Adoption and Maintenance Act, Indian citizens who are Hindus, Jains, Sikhs, or Buddhists are allowed to formally adopt a child. Under this act, a single parent or married couple are not permitted to adopt more than one child of the same sex. Foreign citizens, NRIs, and those Indian nationals who are Muslims, Parsis, Christians or Jews are subject to the Guardian and Wards Act of 1890. Under this act, the adoptive parent is only the guardian of the child until she reaches 18 years of age.

Foreign citizens and NRIs are supposed to formally adopt their child according to the adoption laws and procedures in the country of their residence. This must be carried out within two years of the individual becoming a child's guardian. There is also a Juvenile Justice Act of 2000, a part of which deals with adoption of children by non-Hindu parents. However, this act is applicable only to children who have been abandoned or abused and not to those children who have been voluntarily put up for adoption.

The entire adoption process takes some months to complete. However, when all the hurdles are cleared, you are ready to welcome your new child to the family. Here we have tried to list down the adoption procedure.

Prospective adoptive parents who wish to adopt a child are required to get in touch with a welfare agency that is recognized for adoption. They will talk to you in general about the process, documentations, legalities etc; and access your general preparation regarding Adoption. And prepare the documentation as advised by the social worker. Once the documentation is ready submit the same to the agency and get registered. 

The social worker of the agency will then conduct a Home Study at the couple’s residence. The social worker will try to assess the couple’s parenting abilities. And they will look into applicant’s motivations, preparations, strengths and weaknesses on the issue of Adoption. This step is formulated into a report and is submitted to the honourable court. 

As and when there is a child the agency will call the couple to the agency. The agency will show medical file, Physical Examination Report and other relevant information of the child. Once the couple is comfortable about the details given about the child, the agency will show the child physically. The couple can spend time with the child. Once they are comfortable enough to make a discussion they can discuss the future formalities as the rules of the agency. 

Once you have identified the child, you have to sign few documents which pertain to the acceptance of the child. The documentation which the couple had submitted to the agency and the child’s documents, are sent to the lawyer for preparation of the petition. Once the petition is ready the couple will be called at the court and sign the same in presence of the court officer. 

Once the couple has signed the petition they can take the child in Pre-Adoption foster care. When you take the child home do understand from the agency nursing staff that what are the feeding schedules of the child, eating, playing, sleeping, medicines (if any) & potty habits. Then, you have to attend the court hearing along with the child. This is in front of a judge (generally it’s in chamber and not an open court). Once the judge is satisfied, he will pass the order and will also mention the amount you need to invest in the child’s name. 

Once you have invested the amount and the receipt is shown to the judge the order will be issued. If the adoption is under HAMA, then a Deed of Adoption is prepared and the same needs to be registered with the local registrar’s office. There is no such requirement in adoptions done under GWA & J. J. Acts.

dv

Women against Violence 

As part of our community initiative, Don Bosco Veedu Society arranged awareness campaign rally and Onam celebration for our self help groups (SHGs) at Karimadon Slum on 22/08/2015. The program of the day started at 10.30 am with a rally through Karimadom slum ending at Don Bosco Centre, Manacuad where the celebration took place. The rally was an awareness campaign on issues of Women especially against Domestic Violence. More than 60 women participated in the campaign and Onam celebration.  The rally ended with an awareness class on issues of domestic violence. Leaflets and awareness booklets were distributed during the campaign.

Onam celebration took place with variety competitions, thiruvathira and was concluded with onasadhya (solemn lunch) and prizes for all those who won the completions.

“I am a woman, I wanted to be clothed in Strength, Dignity, Pride and Laughter without fear of the future” read one of the slogans in the placard which was held by a woman during the rally. The placard  and the genuine and innocent questions asked by the participants during the session, shifts our attention long back to our independence, when the father of our nation said one day that “woman is more fitted than man to make exploration and take bolder action in non-violence. Woman is the companion of man, gifted with equal mental capacity. If non-violence is the law of our being, the future is with women”. And, 68 years after the independence still women strive for strength, dignity and pride.

The subject of empowerment of women is becoming a burning issue all over the world including India since last few decades. Inequalities between men and women and discrimination against women have also been age-old issues all over the world. They have demanded equality with men in matters of education, employment, inheritance, marriage, politics etc. Two Acts have also been enacted to emancipate women in India. These are: Protection of Women from Domestic Violence Act, 2005 and the Compulsory Registration of Marriage Act, 2006. The Domestic Violence Act recognizes that abuse can be physical as well as mental. Anything that makes a woman feel inferior and takes away her self-respect is abuse. 

emerging child

The Emerging CHILD

In the last two weeks our railway rescue booth rescued over 20 children. Most of them ran away from school or from children’s homes in groups. The reasons that they ran away could be considered silly for adults. One group ran away from school because parents were called in for small mischief done by the children. Children did not want the parents to know and hence they ran away. Another group who ran away from a children’s home was due to the fact that the wardens got angry with them for misbehaving.

Children are increasingly becoming unable to face even small tensions that are part of life of every person. Most of these children have been between the age of 10 and fourteen. If they had left the state of Kerala before being rescued, it could have been very difficult to trace them and also they would have been prone to danger of trafficking or exploitation. It was just three weeks back that three girls who left home committed suicide apparently due to the inability to face the embarrassment on returning home.

What is happening to our children? Why are they so intolerant to small criticisms and corrections? Why they are unable to face even small challenges in life?

I think there is a great need to change the parenting style. Parenting is probably the only job which doesnot require any training!  The current micro families are financially well off and their only child or just two always never face a denial in their early life! When small, desires are small but as the child grows older desires too grow and reach a stage where parents find it impossible to fulfil. This leads to a wrong understanding that the parents don’t love them. This is one of the root causes of such problems among children. It is of utmost importance to bring up children with ability to face difficulties and denials as no person can have everything he/she wishes for.

The uncontrolled exposure to media by children is another factor to be worried. As parents are too busy fending for their children they are often not cared for and internet, Television and Video games become the only friends for children at home. The gruesome exposure to such media makes children to be completely alien to realities of life and create a wide gap between parents and children. Uncontrolled information without sorting or guidance turns out to be disastrous blend by the time children become teens. Parents start caring for children only when their teens are ‘problems’ to deal with. At this time only ‘repair’ is possible as a character has already been built.

Schools needs to become places where children are provided wholesome education catering to all aspects and not only the intellect as it is happening now. Our systems are far behind in coping with the surging growth needs of our children which includes also parenting.

English Posters

SAFETY FOR MORE CHILDREN

Trivandrum Don Bosco Veedu Society is reaching out yet again to more chidlren accross Kerala. Children of ICSE and CBSE syllabus schools have been often out of the reach of child helpline accross Kerala. This doesnot mean that there are no child rights violations against such children. Violations often donot get voiced as school authorities and moneyed parents often hide it due to fear of loss of name and fame. They often get 'settled' within wherein the child is often the loser. The competion among schools to get more children often have negative impact on children as they are forced to over perform. Non performing chidlren often are shunted and have to leave school to join other syllabus schools. Violations that children face at home never come out due to the better 'facade' of financially forward families. 

In collaboration with the Social Justice Department, Government of Kerala we breaking the jinx to reach to all English medium schools accross Kerala. Each classroom will display one poster each where chidlren always have reminder to contact CHILDLINE when they are in need of help and are in distress. The same project also will reachout to over 800 Primary Health centres accross Kerala where chidlren frequent for health care. The message of the posters highlights child protection issues and there is an exhortation to contact CHILDLINE toll free number when they are in need.