ADOPTION LAWS: CHALLENGES CONCERNING PROCEDURE FROM HUMAN RIGHTS PERSPECTIVE
the process becomes exhausting and tiring for PAPs while waiting for the photographs of
child for months. Sometimes, the staff responsible for preparing child study reports are not
equipped with necessary knowledge and skills and, therefore, it lacks necessary information
that must be included concerning the child, especially in case of special needs category.
The author feels that along with detailed report highlighting problems or deficiencies or
disability that the child is facing, provisions should be made to ensure that prescriptions by
medical practitioners must also be attached with that report. It would help PAPs to prepare
themselves beforehand and meetings should also be arranged with the respective doctor,
who has been treating such child or prepared the report, if requested.
Post adoption Support and Follow-ups: When the adoption is in-country, the voluntary
coordination committees, various child rights activists and the adoption agency may
have an access to find out the post adoption status of the child in his/her foster home. In
this way, child exploitation, the securities of health and nutrition, mental development of
the child can be taken care of, but when the child is given for inter-country adoption, post
adoption follow-ups become increasingly difficult. Even though CARA guidelines outline
the role of the Indian diplomatic missions, foreign accredited agencies and professional
social workers in protecting a child from post adoption maltreatment, it has virtually not
helped anyone. Even in Seva Bharti Matruchhaya, Durg vs XXX,46 it has been held that though
it has been made mandatory in Regulation 19(1) of Adoption Regulations, 2017, that the
authorised foreign adoption agency or the Central Authority or Indian Diplomatic Mission or
Government Department has to report the progress of the adopted child for two years from
his or her arrival, it is also necessary that in supplement to that, a welfare report and detailed
educational report of adopted child shall also be provided every six months till that child
becomes major. The child’s age at adoption has significant implications on the development
of executive functioning, language and the sensory processing and attention and combined
with long-term placement in an institution can also increase the risks of poor emotional
control and similarly increase both internalising and externalising behavioural problems;
therefore, post adoption counselling for children especially aged 12 years or above must be
made mandatory.47 Even the Committee has recommended mandatory post adoption follow46
47
Criminal Revision No.97 of 2018
J. Masson, (2001). “Inter-country adoption: a global problem or a global solution,” Journal of International Affairs, 55(1), 141-166.
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