| Path to baby
joy costs dearly
The cases of Irish couples caught up in a
Mexican adoption scam and children born abroad to surrogates being
left in passport limbo trained a spotlight on how daunting some
routes to parenthood can be. "If you go to India or Ukraine
there are major issues around getting the child back into Ireland.
Once the surrogate baby is born and is handed over to the parents,
the agencies don't give a damn. They've already pocketed the money,
their job's done -- and the problem then lies with the parents
trying to get the baby back here."
Read
When it comes to adoption, girls
most preferred in Haryana
February 9, 2012
It is a state with the lowest child sex ratio in the country.
But a girl is the preferred child for adoption. This week two
Italian couples adopted Pari and Aditi, both five-year-old girls,
from the Haryana State Council for Child Welfare.Council officials
say more and more people - from Haryana as well as abroad - are
choosing to adopt girls from the state.
Read
Adoption
India has severe problems of orphans and destitute
children under the age of 17 years. This includes children in
orphanages, child labour, commercial sex workers and children
on street.
Adoption caters to 0-6 age group. Apart from adoption agencies
there are orphanages and there is no count of orphanages or number
of children in orphanages.
Ministry for Women and Child development caters to adoption agencies
and orphanages. Government gives subsidies to adoption agency.
Government also provides funds to orphanages. There are Child
Welfare Committees under state government that monitors adoptions.
While on paper the process and policy seems sensible, implementation
remains severely flawed. Central Government has set up Central
Adoption Resource Authority (CARA) for creating guidelines on
adoption as response to Supreme Court Judgment.
Statistics
According to UNICEF 25 million children are orphans and destitute,
in the age group of 0-17 years. This includes children in orphanages,
child labour, commercial sex workers, and children on streets.
This is the only estimate that is available and no other estimate
is available.
ADOPTION CATERS TO 0-6 age group and there are 120 government
agencies for adoption and each has around 10 children. Apart from
adoption agencies there are orphanages, and there is no count
of orphanages or the number of children in orphanages.
On an average around 3000 children are adopted every year and
reasonable informed opinion is that immediately with some improvement
in procedures and implementation adoption can be easily increased
from 3000 to 10,000.
However, this still represents a very miniscule number of 8 million
children in 0-6 age group, who are potentially adoptable and are
not adopted due lack of ambience and infrastructure.
Legal Position
1. Central Government has set up Central Adoption Resource
Authority (CARA) as a response to Supreme Court judgment that
monitors adoption all over India.
2. Child Welfare Committee of states monitors adoption in states.
Challenges
However there are several challenges that remain to be addressed
in the area of adoption and orphanages. The very fact that less
than 3000 children out of potential 8 million children orphans
in age of 0-6 age group are adopted reflects society’s woefully
inadequate response to the entire problem of orphans and destitute
children.
1. There is inadequate understanding of what constitutes rehabilitation
of orphans and destitute. Only provision of education, food and
shelter cannot be regarded as rehabilitation. Rehabilitation must
include ensuring that child is able to find employment and be
able to support oneself.
2. Magnitude of problem is massive. There are 8 million orphans
in age group of 0-6 and around 25 million in 0-17 age group. However
adoptions are as less as only 3000 per year.
3. The response of government is minuscule compared to the magnitude
of problem. This is self evident considering that there are only
3000 adoptions when 8 million children can be potentially be adopted.
4. There is corruption. NGOs receive subsidy under multiple schemes.
Licenses are obtained through bribes. There is corruption in inspection
5. Child Welfare Committee is political and have people who do
not understand adoption. Child Welfare Committees are known to
take knee jerk reactions and are often pliant to corruption.
6. Inadequate funds characterize the entire sector or orphans
and destitues.
7. Procedure for adoption is complicated and has to go through
multiple agencies and hence there is scope for corruption and
misinterpretation of guidelines
8. Very few of 8 million orphans come to institutions.
9. Very few orphanages cater for girl children. Perhaps they become
part of domestic labour.
10. System does not allow children to move between adoption agencies.
11. Process for adoption is cumbersome and inconvenient. Parents
register with adoption agency without knowing which agency actually
has children.
12. There is mismatch between demand and supply between parents
registering for adoptions at an agency and children available
with agency.
13. If child is in orphanage, it cannot be transferred to adoption
agency due to cumbersome procedures.
14. Government is ignoring the sector of orphanages and destitute.
15. CARA cannot monitor states Child Welfare Committee and hence
lacks teeth, so to say.
16. CARA budget is inadequate
17. ICDS and Midday meal scheme are for general program and not
for orphans and destitute.
18. Societal, National, Governmental, Corporate response to the
problems of orphans and destitute is woefully inadequate compared
to magnitude of problem.
Actions Taken by Government, NGOs, Orphanages
1. Government recognizes adoption agencies.
2. Government provides subsidies and funds to adoption agencies
and orphanages.
3. Child Welfare Committees have been set up to monitor adoption
at various states
4. CARA (Central Adoption Resource Authority) has been created
under Ministry of Women and Child Development to create guidelines
and procedures for adoption.
Advocacy to Government, Political Parties
and Media
Clearly since the government, media and societal response
to the entire problem of orphans and destitute is so woefully
inadequate, a lot can be done. Some suggestions that can be made
are:
1 Child Welfare Committees should try to see that a child should
go to adoption agency instead of orphanages so as to ensure permanent
rehabilitation.
2. Increased funds should flow to the entire orphanages and destitute
children sector.
3. Anganwadi workers can be source of information on orphans and
destitute and should be called upon as source of information.
4. Ministry for orphans and destitute must be set up.
5. State government can have orphanage cells.
6. Procedures for adoption must be eased and standardized..
8. Media should highlight the problem of orphans and adoption.
9. Media should reflect positive adoption an sensitize the society
10. Judicial activism would help to sensitize government and society
on problem of orphans and destitute children.
Children : Adoption Coordinating Agencies
There has to be an Adoption Coordinating Agency (ACA) in a State
or in special circumstances for a group of states where there
are several children homes and adoption agencies to carry out
the functions prescribed under the Guidelines and as assigned
to it by CARA from time to time.
The ACA shall be registered under the Societies Registration
Act, 1860 or authority created by the State Government with detailed
Rules and Regulations and will comply with all the Rules laid
down under the Act and also Guidelines.
Functions
- The ACA will receive periodically a list of children who are
legally free for adoption every month from the following and
shall maintain a register for the same:
- Recognized Indian Placement Agencies.
- Licensed Adoption Placement Agencies.
- Government Homes.
- Other children’s Homes.
- It will coordinate the work of all its Member Agencies and
other Child Welfare Institutions in the field of Indian adoption.
- It shall call for a periodic meeting of Members as per the
Memorandum and at least one meeting in each quarter.
- It shall receive details of children who are being sought
to be made free for inter-country adoptions from RIPAs and ensure
that the priority laid down by the Hon’ble Supreme Court on
adoption within the country is adhered to.
- It shall register prospective Indian adoptive parents and
prepare the HSR of prospective Indian parents where necessary.
- It shall also receive an updated list of prospective adoptive
parents from Member Agencies.
- If at the end of 30th day, no suitable adoptive parents are
found, the ACA will give a Clearance Certificate to the child
placed under their assistance after seeing the child verifying
all relevant documents to be placed with foreign adoptive parents.
The Clearance Certificate must include a current photo of the
child.
- In cases where CARA Guidelines are not being followed by any
recognised/licensed agency, the concerned ACA will bring it
to the notice of State Government and CARA.
- The ACA should undertake programmes for promotion of in-country
adoption.
- It should undertake Training Programmes to upgrade the skills
of adoption functionaries.
- It should provide pre and post adoption counseling wherever
required.
- The ACA shall promote observance of quality childcare, health
and hygiene at placement agency. Any irregularities or neglect
of children should be reported to CARA.
- All ACAs shall submit to CARA an annual report including an
audited statement of accounts and activities conducted throughout
the year.
- It will feed regular information on children placed under
ACA assistance to CARA for preparing a Central Pool.
- The ACA will carry out any other tasks in the field of adoption
as directed by CARA from time to time.
- The ACA will make all possible efforts to place a child in
in-country adoption through inter- VCA coordination before issue
of clearance to the child for placement in inter-country adoption
within the prescribed period.
ACA shall have a minimum of two professionally trained persons
Recognition
Every recognised ACA should apply for renewal of recognition,
6 months prior to the date of expiry of the previous recognition.
- The recognition will be normally for period of three years.
CARA may accord recognition for less than 3 years depending
on the performance of the particular ACA.
- Criteria for Recognition
In order to be recognised as ACA, an agency must fulfill the
following
- It should be a society registered under the Societies
Registration Act, 1860 or an authority created by concerned
State Government with detailed Rules & Regulations.
- The agency must be recommended by the concerned State
Government for recognition by CARA.
- The agency should run on a non-commercial and non-profitable
basis.
- Undertaking to Comply with CARA Guidelines.
- All the Office-bearers should be Indian Nationals.
-
Renewal of Recognition
ACA which seeks renewal of recognition should apply to CARA
through the State Government for renewal of recognition six
months prior to the date of expiry of the previous recognition.
If the State Government does not respond within the stipulated
60 day period from the date of receipt of application, it shall
be presumed that the State Government has no objection. However,
CARA may issue recognition after Joint Inspection of CARA and
State Government. The following would be the main criteria for
renewal of recognition
i. Satisfactory performance in the promotion of in-country adoptions.
ii. Timely submission of reports and audited statement of accounts
as may be specified by CARA,
iii. Compliance with Guidelines.
- Withdrawal of Recognition
Recognition of ACA may be withdrawn by CARA for violation of
Terms & Conditions as given in these Guidelines after giving
the ACA an opportunity to explain its position. Any malpractice,
if proved, would immediately invite action in the shape of withdrawal
of recognition. Delay and non-compliance in the submission of
reports/accounts asked for by the State Government or CARA may
also be a ground for withdrawal of recognition.
In the event of withdrawal of recognition CARA shall evolve
suitable alternate mechanism for issue of Clearance Certificates.
Membership of ACA
All the Recognised Indian Placement Agencies, Licensed Adoption
Agencies, Sishu Grehs and Government run Children Homes would
be required to become members of an ACA. Child welfare agencies,
which are not placing children in adoption but are running Homes
for children etc. would also be eligible to be members of the
ACA. Any agency de-recognised by CARA or de-licensed by the State
Government shall cease to be a member of an ACA and it shall not
be eligible for membership of an ACA unless it is once again recognised
or licensed. Adoptive Parent Associations shall also be eligible
for membership. Individuals with expertise in adoption/child welfare
may be enrolled as members. The above will constitute the General
Body of the ACA.
Structure of ACA
There shall be an Executive Committee for managing the affairs
of an ACA. The Executive Committee shall consist of not less than
5 members. Only ACAs recognised by CARA can carry out the functions
envisaged in these Committees. Where there is no ACA existing,
reputed Child Welfare organisation or an academic body can function
as ACA in accordance with existing Guidelines for ACA formation.
CARA, in consultation with State Government, may identify such
an organisation not involved in adoption placement work. However,
its recognition as an ACA shall come through the State Government
if all other conditions are met.
The office bearers of the Executive Committee of an ACA will
consist of a Chairperson, Secretary and Treasurer. Who shall be
elected from and by the General Body of Members of the ACA for
a term of 3 years. No office bearer shall be from any inter-country
adoption agency. Office bearer shall not hold office for more
than two consecutive terms.
The tenure of Executive Members will be for a period of 3 years.
The Executive Committee shall consist of the
following Members:
-
Chairperson, Secretary, Treasurer;
-
One representative of the State Government not below the
rank of Assistant Director;
-
One representative of the Scrutiny Agency/Agencies working
in the jurisdiction of the concerned ACA;
-
One representative of the agencies exclusively involved in
Indian adoption (without having Inter-country Adoption recognition);
-
One representative of the Recognised Indian Placement Agencies
(Inter-Country) wherever existing;
-
One representative from Adoptive Parents Associations, wherever
existing;
-
One representative from the Deptt. of Health, State Govt.
-
One representative from the Academic Community preferably
from the field of Social Work/Law/Child Development without
any direct link with the adoption agencies.
The representation from Points 2 to 7 shall be on a rotation
basis wherever there are more such agencies/organizations. Representative
of the Scrutiny Agency in the ACA Executive Committee should not
be member of the Adoption Scrutiny Committee.
8.8 The Executive Committee of an ACA may appoint staff to carry
out the day-to-day functions of the ACA. Such paid staff would
be accountable to the Executive Committee.
8.9 No Recognized Indian Placement Agency shall process the application
of foreign families for inter-country adoption before obtaining
the Clearance Certificate (CC) from the ACA.
ACA Clearance Certificate
The ACA clearance certificate shall have two signatures. This
comprises the Chairperson and Secretary of the ACA. The procedure
will be followed as per Para 4.1 Step II of the Guidelines.
8.11 Existing VCAs
The existing VCAs shall be reconstituted within a period of six
months of issue of these Guidelines and will be known as ACA.
No organisation can function as an ACA as prescribed in the Guidelines
without a valid recognition of CARA.
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