50 NATIONAL HUMAN RIGHTS COMMISSION relative adoption. 20 (1) A relative living abroad, who intends to adopt a rights of the child endeavour, within this framework to ensure that child from his relative in India shall obtain an order States Parties that recognize and/or the system of the placement of the child in another country is from the court and apply for no objection certificate adoption shall insure that the best interest of the carried out by competent authorities or organs. from Authority, in the manner as provided in the child shall be the paramount consideration and adoption regulations framed by the Authority. they shall: (2) The Authority shall on receipt of the order under a) Insure that the adoption of a child is authorised rights of the child sub-section (1) and the application from either the only by competent authorities who determine, in States Parties recognize the right of a child who has biological parents or from the adoptive parents, accordance with applicable law and procedures been placed by the competent authorities for the issue no objection certificate under intimation and on the basis of all pertinent and reliable purposes of care, protection or treatment of his or to the immigration authority of India and of the information, that the adoption is permissible in her physical or mental health, to a periodic review receiving country of the child. view of the child’s status concerning parents, of the treatment provided to the child and all other relatives and legal guardians and that, if required, circumstances relevant to his or her placement. 19 Article 20 of The United Nations Convention on the Article 21 of The United Nations Convention on the multilateral arrangements or agreements, and 21 Article 25 of The United Nations Convention on the the persons concerned have given their informed rights of the child consent to the adoption of the basis of such 22 1. A child temporarily or permanently deprived of counselling as maybe necessary; rights of the child his or her family environment, or in whose own b) Recognize that inter-country adoption maybe States Parties shall take all appropriate measures to best interests cannot be allowed to remain in that considered as an alternative means of child care ,if promote physical and psychological recovery and environment, shall be entitled to special protection the child cannot be placed in a foster or an adoptive social reintegration of a child victim of: any form of and assistance provided by the State. family or cannot in any suitable manner be cared neglect, exploitation, or abuse; torture or any other 2. States Parties shall in accordance with their for in the child’s country of origin; form of cruel, inhuman or degrading treatment or national laws ensure alternative care for such a c) Ensure that the child concerned by inter- country punishment; or armed conflicts. Such recovery and child. adoption enjoys safeguards and standards reintegration shall take place in an environment 3. Such care could include, inter alia, foster equivalent to those existing in the case of national which fosters the health, self-respect and dignity of placement, kafalah of Islamic law, adoption or if adoption; the child. necessary placement in suitable institutions for the d) Take all appropriate measures to ensure that, care of children. When considering solutions, due in inter-country adoption, the placement does not regard shall be paid to the desirability of continuity result in improper financial gain for those involved and protection” means a child— (i) who is found in a child's upbringing and to the child's ethnic, in it; without any home or settled place of abode and religious, cultural and linguistic background. e) Promote, wear appropriate, the objectives without any ostensible means of subsistence; or (ii) of the present article by concluding bilateral or who is found working in contravention of labour 23 Article 39 of The United Nations Convention on the Section 2(14) of JJ Act,2015 “child in need of care