Adoption occurred primarily to preserve and transmit family lines or inheritance, to gain political power or to forge alliance between families. The issue highlighted in this paper is the protection of children from illegal adoption or adoptions that are done for an illegal purpose like human trafficking. Human trafficking is a major concern not only intra-country but also inter-country. The aim of this paper is to identify the problem and suggest ways to a better solution.
The first topic is a brief history in which the genesis of adoption is explained, and it is discussed whether adoption is really for the welfare of the child. Furthermore, the relationship between inter-country adoption and India is explained. It is analysed, what laws provide such kind of adoptions, what is lacking in those laws, what their impact is and if the adoption is really happening in the country. Additionally, the international laws of adoption and whether they help in protecting the interest of the child are discussed. Then, the problem of child trafficking based on illegal adoption, how far the laws dealt with it, what has to be done and how to protect children from such abuses is explained.
There must be a strong, stable and legitimate inter-country adoption infrastructure. Adoption can only maintain a principled and enforceable line against child selling and child trafficking when effective systems of enforceable regulation are in place that effectively prevent adoption systems from becoming markets for children. The refusal or failure of the domestic and inter-country adoption systems to put those needed regulations into place speaks volumes regarding the ethics of the domestic and inter-country adoption. Inter-country adoption is a conditional good; inter-country adoption as child trafficking is an evil.
Table of Contents
1. A Brief history
2. Does Adoption really for the welfare of the child?
3. Intercountry Adoption and India
4. International law on Adoption
4.1. CRC and Intercountry Adoption
4.2. Hague Convention
5. Intercountry adoption and human trafficking
5.1. Impact of child trafficking in India
6. CONCLUSION AND SUGGESTIONS
Research Objectives and Core Themes
This paper examines the complex relationship between intercountry adoption and the risk of human trafficking, aiming to identify legal lacunae and propose structural reforms to protect children from exploitation. The work evaluates whether current international and domestic legal frameworks adequately ensure the welfare of the child or inadvertently facilitate illegal adoption practices.
- Historical evolution of adoption practices.
- Evaluation of adoption as a tool for child welfare versus market-based commodification.
- Analysis of international legal frameworks including the CRC and the Hague Convention.
- Investigation into the nexus between intercountry adoption and human trafficking.
- Review of Indian legislative measures and significant judicial cases like the Andhra Pradesh adoption scandal.
Excerpt from the Book
5.1. Impact of child trafficking in India
At the heart of the claims is a systematic criminal conspiracy to obtain illicit profits from intercountry adoption. During 1995-1996 period a particular individual working in US embassy in Madras began to hold up intercountry adoption based on suspicion of irregularities. The suspicion around an orphanage called Action for Social Development prospective adoptive parents generally responded by continuing to seek adoption and emigration of children. Several orphanages in that state systematically sent out scouts to purchase female infants from vulnerable poor families. The identities of the children were systematically altered, and falsified documents created. Credulous adoption agencies from various sending nations partnered with these corrupt Indian orphanages and thus participated in the laundering of numerous stolen children as “orphans” and then adoptees. Therefore, the Andhra Pradesh scandals are a significant instance of the first kind of child-buying scandal, where the intentional criminal conspiracy is headed by citizens of the sending countries and no citizen of the recipient nation intentionally participates in child trafficking.
The primary accusation concerned buying of babies from a tribal group called lambada. It was alleged that the agency lacks CARA registration and that there was a networking between a CARA registered agency. Under Supreme court rules it would seem that such networking was only legal if child was physically moved to CARA approved organization.
Summary of Chapters
1. A Brief history: This chapter traces the origins of adoption from ancient Roman practices and the transition to a child-centered welfare approach in the nineteenth century.
2. Does Adoption really for the welfare of the child?: It explores the contradictions in adoption systems, contrasting the pro-adoption focus on child welfare with the anti-adoption critique of systemic exploitation.
3. Intercountry Adoption and India: This section details the constitutional and legal landscape of adoption in India, including key judicial interventions and the regulatory role of CARA.
4. International law on Adoption: This chapter assesses the Convention on the Rights of the Child (CRC) and the Hague Convention, evaluating their effectiveness in preventing the abuse of intercountry adoption systems.
5. Intercountry adoption and human trafficking: This chapter investigates how illegal adoption practices can function as a form of human trafficking, driven by coercion, fraud, and profit.
5.1. Impact of child trafficking in India: This section provides a case study of the Andhra Pradesh adoption scandal to illustrate systematic abuses and the failure of regulatory oversight.
6. CONCLUSION AND SUGGESTIONS: The author summarizes the need for stricter legislative prohibitions on private adoption and proposes a more transparent, flexible, and regulated international adoption framework.
Keywords
Intercountry Adoption, Human Trafficking, Child Welfare, Hague Convention, CRC, Illegal Adoption, Child Trafficking, Andhra Pradesh Adoption Scandal, CARA, Child Exploitation, Legislative Reform, Orphanages, Adoption Fraud, Baby Mafia, Reproductive Rights.
Frequently Asked Questions
What is the primary focus of this research?
The research examines the intersection between intercountry adoption systems and the potential risks of human trafficking, specifically within the Indian context.
What are the central themes discussed in the book?
The book covers the history of adoption, the effectiveness of international and domestic laws, the role of financial incentives in adoption, and the protection of children from exploitation.
What is the main research question or goal?
The goal is to identify how current adoption laws fail to prevent child trafficking and to suggest reforms that restore the focus to the welfare of the child.
Which scientific methods or approaches are used?
The author uses a legal-analytical approach, reviewing international treaties, Indian statutes, and significant court cases like the Laxmikant Pandey case.
What is covered in the main section of the document?
The main part addresses the legal frameworks (CRC/Hague), the dynamics of human trafficking within adoption, and empirical instances of systemic abuse in orphanages.
What are the key characterizations of this work?
It is characterized by a critical view of current adoption practices, emphasizing the need for accountability, governmental regulation, and moral reform.
What does the author propose regarding "private adoption"?
The author suggests that all private adoptions occurring outside of established governmental processes should be declared illegal and prohibited.
What specific impact did the Andhra Pradesh scandal have on this research?
It serves as a primary case study to demonstrate how criminal conspiracies can exploit loopholes in the adoption system to traffic children.
How does the author view the role of the Hague Convention?
The author views it as a necessary framework but notes that its effectiveness is limited by ambiguity and the optimism of assuming that all signatory nations will implement reliable procedures.
- Arbeit zitieren
- Talat Chaudhary (Autor:in), 2021, Intercountry Adoption in India. Potential Risk of Human Trafficking, München, GRIN Verlag, https://www.grin.com/document/1006621
