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June 30, 2013
New Delhi: Concerned over fake inter-country adoptions, the National Commission for Protection of Child Rights (NCPCR) has demanded an action report from the Central Adoption Resource Authority (CARA), especially in cases where children have gone missing and traced in foreign lands.
Following representations from NGOs, activists and group of parents complaining that a number of Indian placement agencies were involved in fake adoptions, NCPCR wrote to CARA earlier this month, citing cases of nine children, who went missing from various parts of the country and were later traced to foreign countries, including Denmark, Spain, the US and Italy.
"We have sought an action report from CARA on these nine cases. We are worried about the rights of these children who are growing in alien environs and away from their biological parents," a NCPCR member told PTI here.
These cases were brought to NCPCR's attention during an International Meet for Mutual Cooperation on Inter-Country Adoption between India and other countries held in February here.
In its letter, NCPCR also mentioned that these inter-country adoptions carried out without biological parents consent is a breach of the procedural mandates laid down by the Supreme Court in the matter.
It is also in violation of Article 4 of the Hague Convention according to which "an adoption shall take place only if the competent authorities of the state of origin have established that the child is adoptable, consider inter-country adoption to be in child's best interests after considering all possibilities of in-country adoption" apart from obtaining all necessary consent including that of the parents, NCPCR said.
The letter carries special mention of a boy's ordeal who was kidnapped when he was just a year old, while he was sleeping outside his house with his parents in Chennai in 1999 and placed in adoption with a family in the Netherlands through a Dutch adoption agency.
According to the letter, CBI has investigated the case and submitted charge sheet in an Egmore court which issued a Letters Rogatory in 2008 under Section 165 A of the Criminal Procedure Court to the Netherlands for execution of the guilty, which the Dutch authorities denied to have received.
Thus the matter has not moved ahead and the parents of the child are still waiting for him to come back to India.
The letter also seeks action report of the eight other children who are fraudulently taken and are now living in Denmark Spain, the US, Italy, Australia and Germany.