Australia - Visit to India
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public
Visit to India – January 2009
In January 2009, a delegation from the Attorney-General’s Department visited India to discuss a range of intercountry adoption program issues, with a particular focus on the child trafficking allegations that were made last year. AGD has since spoken with State and Territory Central Authorities about the visit, highlighting issues that have an impact on casework matters.
The delegation met with the Indian Central Authority, the Central Adoption Resource Agency (CARA), the Women and Child Development Department in the State of Maharashtra, the Australian High Commission and embassy officials, non?government organisations, and three Recognised Indian Placement Agencies (RIPAs). Information gained during the visit is being considered as part of the comprehensive review of the India–Australia intercountry adoption program currently being undertaken.
Discussions with CARA covered a range of issues related to the program, including:
Implementation of the ‘Draft Guidelines on Adoption of Indian Children Without Parental Care’: CARA anticipates that the Draft Guidelines will be finalised over the next 12 months, with a transition to full implementation. CARA noted that some aspects of these Draft Guidelines are already in operation within some Indian States and Districts.
Implementation of the Juvenile Justice (Care and Protection of Children) Amendment Act 2006 (the amended JJ Act): CARA noted that implementation of the amended JJ Act is ongoing and relies on mirror legislation being introduced by Indian States with necessary changes to court rules and procedures. Intercountry adoptions under the provisions of the amended JJ Act will be finalised in India with full and final adoption orders made. CARA is encouraging RIPAs to move towards processing all adoptions under the amended JJ Act as this becomes possible.
Central processing of dossiers: Under the Draft Guidelines, partner countries will be required to transmit files from prospective adoptive applicants directly to CARA, rather than directly to RIPAs. CARA will be responsible for approving the application and identifying an appropriate RIPA to which the file will be referred. Partner countries may indicate a preference. To facilitate the referral process, CARA is developing a centralised database which will maintain detailed information on all children in need of intercountry adoption. The delegation was provided with a demonstration of the database. In consultation with CARA, the Australian Central Authorities will be considering a range of program issues relating to a transition to this process. Further information will be provided when available.
Children in need of families: CARA confirmed that work to promote domestic adoption in India has been very successful with many adoption agencies maintaining waiting lists of Indian prospective adoptive applicants. Indian families are experiencing increased waiting times of up to two years in relation to the adoption of infant children. CARA noted that they have many older children, aged five to 10 years, in need of overseas families.
Court timeframes: CARA confirmed that the court timeframes for processing intercountry adoptions vary on a district-by-district basis. CARA noted that under the Draft Guidelines it is proposed that courts will make the final adoption order on the date of the first hearing, which may reduce the current timeframes experienced with the court process.
Post-adoption information: The delegation noted the interest of adoptees and their families in the provision of post-adoption information. CARA is in the process of transferring paper files held by them from 1995 onwards to microfiche. The information held by CARA is, however, limited to that provided to them for the purposes of issuing a No Objection Certificate. In relation to adoptees and their families accessing post-adoption information, CARA emphasised that, due to cultural sensitivities, in many cases it will not be possible to provide information held on CARA, or RIPA files, that could potentially identify a birth mother and/or their families. AGD is continuing to consult with CARA on available post?adoption services, including current procedures relating to access to information regarding adoptions. Further information will be provided when available.
Licensing and re-licensing of RIPAs: CARA provided an overview of the framework in place for the licensing and monitoring of agencies. CARA also provided an update on the status of investigations and licensing arrangements in relation to Balwant Kartar Anand Foundation (known as Preet Mandir).
Allegations of child trafficking: The visit provided the delegation with the opportunity to progress discussions relating to allegations of child trafficking and explore the range of existing and proposed additional safeguards in place to protect children. This included developing an increased understanding of the respective roles and responsibilities of various agencies in India. The ability to hold face-to-face discussions with CARA on these sensitive issues was extremely valuable.
Visits to Agencies
The delegation visited Missionaries of Charity in New Delhi and also travelled to Pune to meet with Preet Mandir and Bhartiya Samaj Seva Kendra (BSSK).
The delegation toured the facilities of all three RIPAs and learnt more about the current needs of Indian children for placement with overseas families. The delegation also learnt more about the work being undertaken to promote domestic adoption and foster care arrangements to enable children to remain with families in India. The RIPAs also outlined their involvement in projects aimed at enabling children to remain with their birth families. The delegation was pleased to note that a high proportion of children are able to find families in India.
All three RIPAs noted that cultural sensitivities impacted on their ability to provide post?adoption information to adoptees and their families that could potentially identify a birth family.
Both CARA and Preet Mandir provided information regarding the status of Indian investigations into Preet and its current intercountry adoption licensing arrangements. The Attorney-General will be considering this information in the context of the current freeze in place for Preet Mandir. Further information will be provided on this website in due course.
Other Information
As noted in an earlier website update, AGD continues to progress a range of work in response to the child trafficking allegations. In addition to continuing contact with CARA, issues have also been raised in India at the ministerial level and with the Permanent Bureau of the Hague Conference on Private International Law. In consultation with the States and Territories, work has commenced on a review of the program in accordance with the Intercountry Adoption Strategic Plan. The review of any program involves, amongst other issues, the extent to which the program complies with the standards and principles of the Hague Convention. A protocol to assist families who have concerns about the circumstances of their child’s adoption is also in the early stages of development.
In January 2009, a delegation from the Attorney-General’s Department visited India to discuss a range of intercountry adoption program issues, with a particular focus on the child trafficking allegations that were made last year. AGD has since spoken with State and Territory Central Authorities about the visit, highlighting issues that have an impact on casework matters.
The delegation met with the Indian Central Authority, the Central Adoption Resource Agency (CARA), the Women and Child Development Department in the State of Maharashtra, the Australian High Commission and embassy officials, non?government organisations, and three Recognised Indian Placement Agencies (RIPAs). Information gained during the visit is being considered as part of the comprehensive review of the India–Australia intercountry adoption program currently being undertaken.
Discussions with CARA covered a range of issues related to the program, including:
Implementation of the ‘Draft Guidelines on Adoption of Indian Children Without Parental Care’: CARA anticipates that the Draft Guidelines will be finalised over the next 12 months, with a transition to full implementation. CARA noted that some aspects of these Draft Guidelines are already in operation within some Indian States and Districts.
Implementation of the Juvenile Justice (Care and Protection of Children) Amendment Act 2006 (the amended JJ Act): CARA noted that implementation of the amended JJ Act is ongoing and relies on mirror legislation being introduced by Indian States with necessary changes to court rules and procedures. Intercountry adoptions under the provisions of the amended JJ Act will be finalised in India with full and final adoption orders made. CARA is encouraging RIPAs to move towards processing all adoptions under the amended JJ Act as this becomes possible.
Central processing of dossiers: Under the Draft Guidelines, partner countries will be required to transmit files from prospective adoptive applicants directly to CARA, rather than directly to RIPAs. CARA will be responsible for approving the application and identifying an appropriate RIPA to which the file will be referred. Partner countries may indicate a preference. To facilitate the referral process, CARA is developing a centralised database which will maintain detailed information on all children in need of intercountry adoption. The delegation was provided with a demonstration of the database. In consultation with CARA, the Australian Central Authorities will be considering a range of program issues relating to a transition to this process. Further information will be provided when available.
Children in need of families: CARA confirmed that work to promote domestic adoption in India has been very successful with many adoption agencies maintaining waiting lists of Indian prospective adoptive applicants. Indian families are experiencing increased waiting times of up to two years in relation to the adoption of infant children. CARA noted that they have many older children, aged five to 10 years, in need of overseas families.
Court timeframes: CARA confirmed that the court timeframes for processing intercountry adoptions vary on a district-by-district basis. CARA noted that under the Draft Guidelines it is proposed that courts will make the final adoption order on the date of the first hearing, which may reduce the current timeframes experienced with the court process.
Post-adoption information: The delegation noted the interest of adoptees and their families in the provision of post-adoption information. CARA is in the process of transferring paper files held by them from 1995 onwards to microfiche. The information held by CARA is, however, limited to that provided to them for the purposes of issuing a No Objection Certificate. In relation to adoptees and their families accessing post-adoption information, CARA emphasised that, due to cultural sensitivities, in many cases it will not be possible to provide information held on CARA, or RIPA files, that could potentially identify a birth mother and/or their families. AGD is continuing to consult with CARA on available post?adoption services, including current procedures relating to access to information regarding adoptions. Further information will be provided when available.
Licensing and re-licensing of RIPAs: CARA provided an overview of the framework in place for the licensing and monitoring of agencies. CARA also provided an update on the status of investigations and licensing arrangements in relation to Balwant Kartar Anand Foundation (known as Preet Mandir).
Allegations of child trafficking: The visit provided the delegation with the opportunity to progress discussions relating to allegations of child trafficking and explore the range of existing and proposed additional safeguards in place to protect children. This included developing an increased understanding of the respective roles and responsibilities of various agencies in India. The ability to hold face-to-face discussions with CARA on these sensitive issues was extremely valuable.
Visits to Agencies
The delegation visited Missionaries of Charity in New Delhi and also travelled to Pune to meet with Preet Mandir and Bhartiya Samaj Seva Kendra (BSSK).
The delegation toured the facilities of all three RIPAs and learnt more about the current needs of Indian children for placement with overseas families. The delegation also learnt more about the work being undertaken to promote domestic adoption and foster care arrangements to enable children to remain with families in India. The RIPAs also outlined their involvement in projects aimed at enabling children to remain with their birth families. The delegation was pleased to note that a high proportion of children are able to find families in India.
All three RIPAs noted that cultural sensitivities impacted on their ability to provide post?adoption information to adoptees and their families that could potentially identify a birth family.
Both CARA and Preet Mandir provided information regarding the status of Indian investigations into Preet and its current intercountry adoption licensing arrangements. The Attorney-General will be considering this information in the context of the current freeze in place for Preet Mandir. Further information will be provided on this website in due course.
Other Information
As noted in an earlier website update, AGD continues to progress a range of work in response to the child trafficking allegations. In addition to continuing contact with CARA, issues have also been raised in India at the ministerial level and with the Permanent Bureau of the Hague Conference on Private International Law. In consultation with the States and Territories, work has commenced on a review of the program in accordance with the Intercountry Adoption Strategic Plan. The review of any program involves, amongst other issues, the extent to which the program complies with the standards and principles of the Hague Convention. A protocol to assist families who have concerns about the circumstances of their child’s adoption is also in the early stages of development.
2009 Jan 1