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Adoptive parents of 'kidnapped' children may face legal action

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Adoptive parents of 'kidnapped' children may face legal action

September 2, 2008

There are allegations two Indian children were kidnapped and then adopted in Australia.

There are allegations two Indian children were kidnapped and then adopted in Australia. (www.sxc.hu: File photo, Charlie Balch)

The Federal Attorney-General has warned Australian adoptive parents of some children from India that they may face legal action to keep their child.

The Government has been investigating allegations two Indian children were kidnapped and then adopted in Australia.

Robert McClelland has told Federal Parliament the birth parents and adoptive parents have legal rights to care for the child.

Mr McClelland says the courts, and not politicians, should decide the children's future.

"The primary rights that will be considered by a court adjudicating in respect to those matters will be the best interests of the child," he said.

"We must bear in mind that - in respect in particular to a child in question - that it seems that child may well have been in Australia for some eight years."

The Opposition's justice spokesman, Christopher Pyne, says Mr McClelland has not made clear how the Government is helping the Australian adoptive parents.

"All he is doing in reality is deferring the matter to the courts and hoping for the best," he said.

"The fact is that he has left a string of key questions unanswered in relation to this matter.

"Can the Attorney-General assure the Australian parents that they will not face the expense and uncertainty of proceedings in the courts of their adoptive children's country of origin."

Shadow attorney-general George Brandis says the Government needs to give clearer guidance.

"This is the worst way for the government to deal with this," he said.

"The Attorney-General has in fact handballed the problem to the courts."

2008 Sep 2