Inter- Country Adoption: Filiation v. Parenting
Channel: Dr.Priya Sepaha
Date: 30/09/2020

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This video is about the webinar on 'Inter-Country Adoption: Filiation v. Parenting'. 

Adoption is always observed as an alternative way to create paternity in India. Mythological reasons predominated, the concept for quite a long time, in the Smritis and Dharmashastras, the law of adoption was parent based and not child based.
It was the concern for children that caused a paradigm shift, especially after the 1970s when adoptions started happening across the borders making children even more vulnerable.
The United Nations Convention on Rights of Child, 1989, the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption, 1993 tried to protect children and their rights during and after the process of inter-country adoption but in India, it was a courageous demonstration of judicial will, in the matter of Laxmikant Pandey v. Union of India, AIR 1984 S.C. 469, that changed the concept of adoption, domestic as well as international in an unprecedented manner. Central Adoption Resource Authority (CARA), Child Adoption Resource Information and Guidance System (CARINGS), Juvenile Justice Board are few of the initiatives that have completely changed the prototype.
Inter-country adoption is no more a mechanism to provide a child to the child-less parents but it is a legally created filiations for the child and hence it the rights and welfare of the child in adoption that is of prime importance and not the creation of parenthood. Through various judgments, the Supreme Court has clearly established the prevalence of child rights over that of the parents.
The discussion is an attempt to decode the domestic and international legal initiatives to not only govern but also to regulate the process of inter-country adoption while keeping a thorough vigilance during the post-inter-country adoption even beyond the domestic Territories.