Adoptions-

Inter-country adoption of children - Adoption of Indian Children by foreign parents - Principles and norms laid down by Supreme Court - Clarification and alteration of.

The applicants - social or child welfare agencies engaged in placement of children in inter-country adoption after having felt that there were certain difficulties in implementing the principles and norms adopted and the procedure laid down by Supreme Court. in its judgment in Laxmi Kant Pandey v. Union of India, W.P. (Crl.) No. 1171/82, made the present applications seeking clarification on the various points., namely (i) whether a scrutinising agency must be distinct from a placement agency; (ii) what steps must be taken where there is disruption in the family of the petitioner either before or after the adoption; (iii) what is the role which a scrutinising agency is expected to play in the procedure relating to inter-country adoptions; (iv) whether it is desirable to permit a child to be taken from one State to another for the purpose of being given in adoption and, if so, what guidelines should be followed; (v) Clarification in regard to the reports to be made by the social or child welfare agency sponsoring the application after the foreigner is appointed guardian of the child and he takes the child to his own country; (vi) what is the role which the representatives of foreign agencies should be allowed to play in inter-country adoption; (vii) whether the requirement that the certificates, declarations and documents required to be submitted along with the application of 'the foreigner for taking a child in adoption should be duly notarised by a Notary Public and the signature of the Notary Public should be duly attested either by an officer of the Ministry of External Affairs or Justice or social welfare of the country of the foreigner or by an officer of the Indian Embassy or High Commissioner or Consulate in that country, must be insisted upon; (viii) whether the court, while making an order for appointment of a foreigner as guardian should not insist on deposit being made by way of security for enabling the child to be repatriated to India, should it become necessary for any reason and instead a bond to be executed by the foreigner should be sufficient; (ix) Direction regarding extension of time of 2 years to complete the adoption process in bona fide cases; (x) whether the sum of Rs.60 per day fixed as the maximum for reimbursement of maintenance expenses which may be incurred by a social or child welfare agency on the child was to High and that it should be reduced to Rs.500 per month; (xi) whether suitable directions be given to district courts to expedite proceeding for appointment of a prospective adoptive parent as guardian of the child. (xii) whether the courts must require the foreign parents wishing to take a child in adoption to come down to India for the purpose of meeting the child before approving the child for adoption and (xiii) what efforts be made to give a child in adoption to Indian parents before considering the possibility of placing it in adoption with foreign parents.