THE MINISTER OF STATE OF THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT
(SHRIMATI RENUKA CHOWDHURY)
(a),(b),(c),(d),(e),(f)&(g) A Statement is laid on the
Table of the House.
STATEMENT REFERRED TO IN REPLY TO PART (a), (b), (c), (d),
(e), (f) & (g) OF LOK SABHA STARRED QUESTION NO. 316 FOR
20.3.2007 BY SHRI FRNCIS FANTHOME REGARDING ADOPTION OF
CHILDREN BY FOREIGNERS
(a)&(b) The Law Commission of India in its 153rd Report,
made recommendation for a legislation on Inter-country
Adoption. A Draft Bill for this purpose was also annexed to
the Report. The Legislative Department of Ministry of Law
and Justice sought comments on the Report from the then
Administrative Ministry i.e. Ministry of Social Justice and
Empowerment which were sent. However, since the subject
matter regarding adoption and Central Adoption Resource
Agency (CARA) has been transferred to the Ministry of Women
and Child Development recently, the issues relating to the
adoption system in the country including legislation on
adoption of Indian children by foreigners is being discussed
for possible/necessary action with all concerned. The number
of children adopted from India by foreigners (including Non
Resident Indian/Persons of Indian Origin and Overseas
Citizen of India) during last three years is as under:
2004 1021 2005 867 2006 853
(c)&(d) No, Sir. Every child has a right to a family.
Accordingly, adoption has been provided for under the
Juvenile Justice (Care and Protection of Children) Act, 2000
as an alternative for rehabilitation of orphaned/abandoned
or surrendered children who are legally free for adoption.
Supreme Court in its judgement dated 6th February, 1984
expressed that where it is not possible to find placement
for child in a adoptive family within the country, there is
no harm in exploring the possibility of a home for the child
within an adoptive family of a foreign country. The Supreme
Court has reiterated/its stand regarding this matter in the
judgement dated 24th October, 2005.
(e) Neither Government of India nor CARA derives any income
from foreigners for adoption of children from this country.
Indian placement agencies, recognized by CARA for placing
children in Inter country adoption are required under the
relevant Guidelines to work on non-profit and non-commercial
basis. They are permitted re-imbursement of the adoption
costs/fee/charges upto a maximum US$ 3500 per child from the
adoptive parents through the concerned enlisted foreign
adoption agencies towards quality child care, medical
expenditure, administrative fee, documentation, passport,
visa, etc. They are not permitted to receive any
donation/contribution from either adoptive parents or the
sponsoring foreign adoption agencies.
(f)&(g) Does not arise in view of reply to parts(c)to (e)
