ADOPTIONSoumya Ranjan Parida

Basic B.Sc. Nursing 4th year

Sum Nursing College

INTRODUCTION*We are guilty of many errors & many faults

But our worst crime is abandoning

The children & neglecting the Fountain of Life

*Many of the things we need can wait

the child cannot

Right now is the time , his bones are being formed

his blood is being made,

his senses are being developed

To him we cannot answer “TOMORROW”

His name is “TODAY”

Gabriela Mistral

Noble Prize Awardee 2) MNM (2008)

What is Adoption?

Essentially a Social Process

*Family – Parenthood by “Procreation”

Parenthood by “Adoption”

Parenthood : A fn. of Heart & not of Biology

*Needs: Adoption meets reciprocal needs

CHILD’s need for a permanent nurturing home

Adoptive Parents’s need to have child –to

Bring up as their “Own Child” &

building a family in a beautiful way

Experience – entirely emotional 3) MNM (2008)

*I longed for you,

*Though I didn’t

know your face.

*And when at last

you were chosen

*My life took on a

new dimension.

*We were a family.

*The moment we saw

*Her we knew she was

“ OURS”,

*That she was born only for us.

*That fateful day , she entered our home and our hearts, to stay there forever.

* T0 me you are special * Special because you

belong to me and you are mine.

* The fact that Ididn’t give birth to you doesn’t make me less of a mother.

* Or you my daughter . * For mothering is far

more than birth. By Claire Short.

* Welcome home,

dear child.

* We have been

waiting for you.

* We are a family ,

because we have

chosen to be.

Hindustan Times ,Nov. 24, 2008., pg,2

DEFINITION

Basic Minimum :

*Creation of a parent – child relationship ,

between persons not related by birth

*Legal provision – for same rights & obligations like that of biological child

*Adoption provides: A Permanent Family,

Permanent Home, same rights & social status 4) MNM ( 2008)

LEGAL- Definition

*“Transfer of Rights & Responsibilities

concerning the child from biological birth parents

to the adoptive parents irrevocably”

*Adoption an instrument through which one can

ensure UN Convention of Rights of Children 5) MNM (2008)

LEGAL Definition(Cont)

1. Inherent right to life, survival & development

2. Right to name & nationality

3. Child’s interest - always a prime consideration

4. Special protection from physical harm &neglect

5. No discrimination thro’ universal brotherhood

6. Social security thro’ education, employment, & earning

7. Special attention to disabled children. 5A) MNM ( 2008)

Historical Aspects Practiced since ancient times amongst ancient

system

*Only the Hindu & Roman law provided for the

Institution of Adoption.

*Ancient mythology RIGVEDA : 13 types of sons

Except natural born , rest 12types- cons

Secondary sons of which only “Dattak Putra”

*Amongst ancient civilizations :Romans : secular inst. Hindus : lot of religion & spirituality

From Romans , it spread to other civilizations

Babylonians, Greeks & Continental Europe 6) MNM (2008)

HISTORICAL aspects ( cont)

Incl. Czarist Russia,some countries of South America, Japan & in England –1926, later drastically improved by

1958 Adoption Act.

Original Hindu Law – Limitations:Not to be adopted : Deaf, dumb, orphan &

female child

Cannot adopt : widow / unmarried woman

All hurdles removed by modern law

HINDU ADOPTION MAINTENANCE ACT,.- 1956(HAMA)

6A) MNM(2008)

Modern Hindu Law of Adoption:

Who can take in adoption:

• Male Hindu sound mind >18yrs , provided has no Hindu son , grand/or great grand sons, natural, /adopted living at the times of adoption.

• If wife alive her consent necessary, mentally incapable, disabled , renounced world , or ceasing to be Hindu.

• Same for daughter as in 1.• If female wants to adopt – all rules same & husband’s

permission necessary 7)MNM(2008)

More in Adoption Law

GWAct,HAMA,SC judgment, JJAct,UN Convention

Indian Constitution on ROC, GOI circular,

Integrated Child Protection Scheme Draft [ MWCD]

*HAMA 1956 [amended 1960 & 62] : applicable all over India except J & K.

*An unmarried /divorced/widowed Hindu female can adopt a child.

*A single female can make an adoption to herself in

own right

*HAMA abrogates all pre-Act customs + usages except 2:

If custom preserved & permits :

i A married child can be adopted

ii A child of 15 yrs & above can be adopted.

7A) MNM (2008)

Who can give in Adoption?Biological/ natural – father & mother dead/ disabled from exercising the right bec.of mental incapacity, renounced, only then only legal guardian can give for adoption even only child is allowed to be given

Who can be adopted:

Hindu male/ female , unmarried , < 15 yrs of age (exception), not already adopted.

If adopted by male: F-21 yrs younger

by female: M-21 yrs “

Ceremonies necessary for adoption

absolutely necessary: actual giving & taking of adoptive child 7A( MNM(2008)

Ways of Receiving Children

1. Abandonment: Children found abandoned by public/police,/ individuals from public places, cradle of orphanage, hospital, Juvenile Welfare Board (JWB)premises

2.Unwed mother : May be given, after executing a letter of relinquishment on valid stamp paper &in a case of minor by her guardian.

3 Relinquished Children: Given up by parent /parents & their statements recorded on a stamp paper , the placement of this relinquished child does not require to be considered by JWB prior to being placed in adoption.

Documents sealed & kept as confidential record with

the adoption agencies as the property of court.

8) MNM (2008)

Ways of Receiving Children (cont)

4)From Care Institutions /Organizations: where abandoned babies are cared for e.g; Manav Seva Sangh , Shradhanad Mahilashram etc.

*When infants /babies / children are brought there – sick, may be injured ( deliberate – abandoned), hypothermic , due to extreme weather, hypoglycemia , septicemia, severe asphyxia, pallor, shock, systemic problems - GI,Resp, CNS, RES, UT etc. No information on their prior history- antenatal, labour, postnatal , family .

*Dr / Pediatrician must be attached , all facilities in house for Rx or refer to nearby hospital for critical care.

*Staff -- nurse , ayah, supervisor , MSW, Administrative

*Records : regular & legal & individual child’s periodic complete ck.up, immunization, investigations,& Rx

8A) MNM (2008)

Deciding to Adopt

Why parents adopt? 1)Major reason is to fulfill the “void”

“ vacancy “/ “deficiency” of a childless couple

2) Religious – to fulfill family obligations

Continuation of “family name”, funeral rights etc.

3). Secular - secure an heir

4) Possibility of genetic disorders in one’s biological child.

Never prudent to undertake “secret” adoption since Emotional,Psychological , Social & Legal consequences far reaching

Adoption should always be done officially, legally.

9) MNM (2008)

Agencies involved for adoption & their functions.

1. Central Adoption Resource Agency.[CARA]

2. Licensed Adoption Placement Agency.

for in- country adoption.

3 Recognized Indian Placement Agency

f or inter - country adoption.

4. Voluntary Coordinator Agency

5 Adoption Coordination Agency etc;

Children Homes & Institutions that have

children for adoption.

Provide necessary information/ guidelines to interested couples. 9A) MNM (2008)

Process of Adoption* Having decided to adopt, the couple should approach adoption agency (Fit Person Institute) by Central Govt.for correct information/ guidance, moral support.

*Vice versa : through social worker, involves selection of child legality and all other formalities. Adoptive parents’ age, home study, motivation, <45yrs

*Family background , other children if any, emotional background , health , social status, business/job- amount of time will be given to adopted child, marital background, medical, biological proved incapable to produce(?), sometimes adoption of additional child – even with existing biological child.

9B) MNM(2008)

* I had to be approved to be a father ,

* While other men didn’t have to bother .

* I had to answer queries about my life, they ask all about me and wife.

* They asked to know if we were fit to raise a child

* I had to bare my very soul and explain . * Most men never have to bother .

* But I needed approval to be father.

* The family broken ,mine begins, Oh who can understand the ways of life.

* When loss and love join hands.

Bill Thompson, adoptive father.

• Special Adoption Situations

* Secret adoptions* Single parent adoptions* Combination Families * Adoption of an older “Special Needs” child

9C) MNM (2008)

Role of Pediatrician

*Although social service: crucial & imp. role.

-- unlike other children (pts.), no antenatal ,or; family history available,has to “ Grope in dark” ,

*Medical Examination :Objectives:

1 .To ensure medical welfare.

2. To give protection to adoptive parents against being mislead

3. To give medical advice necessary 10) MNM (2008)

Role of Pediatrician (cont)

*Actual exam 1st; Physical examination, Anthropometrical, Developmental assessment, Immunization record, Noting H/O any illness in past.

Investigations: Hb, X-ray chest (for TB), HIV, routine urine, stool– parasites, VDRL, Hepatitis B, Torch tests, Hb electrophoresis , TSH– newborn/LBW, chromosomal anomalies, metabolic work up

*2nd exam: After time lag of 3 – 9 mos. Depending upon situation esp. for International Adoption for actual presentations of latent problems , if any.No way of guarantying or predicting forecast from available medical records. Most of the time all adoptive agencies /orphanages have liaison with pediatricians for regular med. ck up. *2ndopinion is welcome.

10A) MNM (2008)

Role of Pediatrician (cont)

Medical Care of Orphans & Adopted Babies.

1) Depends on age of baby when received in orphanage

a) Soon after birth i.e.; in the cradle deserted : may be with placenta intact., premature, hypothermic, hypoglycemic, rarely jaundiced, bleeding, asphyxiated.

b) After few days /mo./months: septicaemic, hypothermic, hypoglycemic, jaundice, pallor, injury marks, bleeding severely , marasmic, cong. anomalies, life threatening systemic infections

c) Older child : maimed , bitten , injured, emotionally traumatized, malnourished , anemia, vitamin & mineral deficiencies, infections

10B) MNM (2008)

Role of Pediatrician (cont)

Pediatrician must be alert – prompt diag.&imm. management

Three important steps:

1 Urgency of action even when slightly sick-realize to refer immediately if critical care needed

2. Broad spectrum ABS: even for trivial infection, no chances

3. Immunization : all routine + Hep. B ,

investigations necessary as per indications.

4. Appropriate feeding

5 Facilities for IV lines, O2, nebulization, X- Ray,life saving drugs, & M.O. with training in child care for management-

Before transferring / referring to major health care center.

Gen.Care: In House: clothing, environ., congenial atmos.

education, play area 10C) MNM( 2008)

Role of Pediatrician (cont)

Post Adoption Care:

1. Besides routine care-extra inquiry for feeding , sleeping patterns, love, stimulation, development, toys/games, speech & language.

2. Patience & reassurance to parents

3. Follow up - very crucial. 10D) MNM(2008)

Consequences of Adoption

1. No adoption which has been legally made can be cancelled either by the adopting parents or by the adopted child by any other person

2. Adopted child continues to vest/inherit property vested prior to adoption.

3. Adopted child cannot marry any person whom the adoptee could not have married if he had continued to live in the same family of birth.

4. For all purposes , adoption takes effect from the date of adoption

5. Registered documents absolutely must & presumed that it is in accordance with the law.

11) MNM (2008)

Follow up & Post adoption Counseling

Necessary for advice & care of situations:

1)Sudden change crisis : anxiety , rejection, aggression or combination due to sudden change

2) Behavior crisis: After few years : due to pampering / over protection by adoptive parents, family members, rarely rejection, difficult to detect as parents do not reveal

3). Communication & Identity crisis: May come up at any age if the child’s sense of security is not well ensured by parents/ family members – more likely in intercountry adoptions - commonly due to change in skin color

11A) MNM ( 2008)

Follow up & post adoption counseling (cont)

4.) Crisis of Assimilation: Likely to occur in intercountry adoptions when the child grows into adulthood & faces a problem / discrimination in getting a job , marriage etc.

*Wherever possible the concerned dr./pediatrician must be able to guide/ counsel the family or refer them to appropriate agencies.

11B) MNM(2008)

Priority In Adoption

As per Supreme Court – Justice Bhagwati’s judgement An Indian child will be given for adoption in following priority:

1. Indian families in India

2. Indian families in foreign countries*

3. One parent of Indian origin

4. Total Foreigners.

*An application of an Indian by Foreign Adoptive parents, should be forwarded by Foreign Govts, accredited agency of the country of the adoptive parents, recognized agency in India with all the documents to CARA [Central Adoption Resource Agency] 12) MNM ( 2008)

Priority in Adoption (cont)

Documents needed for Adoption:

1. Birth certificates of adoptive parents, <42 yrs – given infants ; 42 – 47 yrs given older children

2. Marriage certificate of adoptive parents( m>5yrs)

3 Certificate of good health from registered medical practitioner

4. Infertility report ( if available)

5. Letter of recommendation from family & friends

6. Employment , income & property certificates.

12A) MNM (2008)

Source: Ours By ChoiceBy Nilima Mehta

LEGAL ASPECTS

Legally in USA : 1900

UK : 1926

INDIA : 1956

Indian law :1. 1956 Adoption & Maintainance Act (HAMA) Applicable only to Hindus ,Sikhs, Jains ,Buddhas,

Not to: Muslims,Christians,Parsis,Jews

2 Guardians & Wards Act of 1890.

Applicable to those not covered by HAMA

i)Only guardianship , both spouses

ii) no legal heirship 13) MNM (2008)

LEGAL ASPECTS ( cont)

Because of limitations of HAMA

The adoption of children bill introduced

In 1970 : In Rajya Sabha by Dr Mangla devi Talwar- after much deliberations changes suggested.

In 1978: Reintroduced as Revised Bill, but to this date not passed. Acceptance of this bill will benefit many more unfortunate babies who are otherwise denied shelter legally. 13A) MNM ( 2008)

Inadequacy & lacunae in current legislation

1 ) Most important Inadequacy:

Absence of uniform law for adoption which would apply to all Indian parents(adoptive) irrespective of their religion, caste, creed.

2) Only available law HAMA is Parent oriented & not child oriented & besides the adoptive mother is not a joint petitioner but only a consenting party.GWA 1890 only confers the status of a ward to to the adopted child & not security for either the adopted child /adoptive parent

14) MNM (2008)

Inadequacy & lacunae in current legislation (cont)

Supreme Court Judgement - Feb, 1984: directives for destitute children, natural & adoptive parents & welfare agencies

• 1.Child 1st choice for Indian adoption - failing thrice, only then International.

• 2. Govt. intervention,

3.Importance of coordinating agencies. 14A) MNM (2008)

DATTAK HOMA

*Hindu religious ceremony : in which biological parents give the child to adoptive parents who are of the same caste, religion, creed , gotra, in the presence of a priest & two families .

*Law has accepted this ceremony – it has to be registered. 15) MNM ( 2008)

JUVENILE JUSTICE ACT 2000

Passed by Parliament in April 2000, still in pipeline not adopted by all states.

(Care & Protection of the Children Act)

A new enabling legislation by which

*Any Indian interested to adopt a child can adopt irrespective of its religious background & no. of living sons /daughters, before this by HAMA only Hindus& by GAWA - non Hindus

*With this new law : any person Hindu / Muslim/Parsi/ other religion, can adopt a minor M/or F irrespective of she.he is a single parent& wishes to adopt minor of same sex or no. of living biological children. 16) MNM 2008.

Personal Experience: F/U of adoptions

160 children age 1 wk - 6 yrs, adopted from

Manav Seva Sangh, bet.1967-79, f/u : 2 –10 yrs

Boys 63, Girls 97 , National 104, International 56,

F/U : through same agencies which had originally arranged adoptions

All adopted children were doing well except 3 :

*1 boy – 4yrs, ill-treated by adoptive mother returned

to orphanage

*4 mos infant dev.resp. infec. On 4th day of adoption

mother returned the infant,as prev.adop.died of Pn

*3 yr boy dev. Polio after 6 mos. 17) MNM (2008)

Country wise Adoptions

*Past – greatest no. from South Korea

*To-day – Columbia leading, followed by:

Brazil, Chile, India, Peru, Philippines,

Sri Lanka & Thailand .

*East European Countries , China, Russia – fast

emerging as potential source

*Russia- only allows “ special needs” children by

foreigners. 18) MNM (2008)

* No flesh of my flesh Nor bone of my bone * But miraculously my very own. Never forget for a single moment, * You didn’t grow under my heart But in it.

by Fleur Heyliger.