CHILD ADOPTION
Neglected Agenda
As Nepal celebrated National Children Day by organizing various programs highlighting the plights of children and need for their protection, the fate of more than 400 orphans who are in the final process of adoption by foreigners - is bleak. Many foreigners who have already spent months to complete the process of inter-country adoptions and have been emotionally involved with particular babies – are badly hurt by the government's apathy towards this humane issue. In a country where thousands of orphan children are compelled to live as street children, inter- country adoption, remains a good option to provide better human environment for them. When overwhelming number of adopted Nepalese children have been growing up in better environment in adopted country with better human rights guarantee, nobody understands the reason to suspend child adoption for a long period of time. Nepal has already promised to implement international convention to give children's agenda a top priority but the government is now completely ignoring the children's issue including inter-country adoption
By KESHAB POUDEL
- The future of Jamuna, 2, (not a real name) who was adopted by a German couple after completion of all the legal process six months ago, is uncertain. When German couple started the process for adoption, she was just six months old. The adoption process took almost a year and they lived with the baby. However, Jamuna's travel to Germany with her adopted parents was stalled six months ago following the announcement of the government to reconsider its earlier terms and conditions.
Jamuna was handed over to Nepal Children Association's children home by police when the infant was found abandoned in nearby Kathmandu. With little financial support from the government, Jamuna has been living in the congested room of country's oldest orphanage home.
- Krishna, 3, (named changed) has a similar story to tell. Adopted by an Italian mother, Krishna - who is now being taken care in Organization for Community, Child and Environment Development (OECD) - is yet to unite with his adopted mother in Italy. Krishna, who became orphan following the death of parents in a landslide in eastern Nepal, is sick now and the adopted mother is suffering emotionally.
- Lilly, 2, (name changed on request) was adopted by a Spanish couple. But she does not know where she will land. Lilly was handed over by District Administration Office through the branch office of OECD.
These three are among more than 400 orphans whose union with adopted families in Europe and America is uncertain as the Ministry of Women, Children and Social Welfare returned all the files which were finalized six months ago. Foreign couples, who have spent almost one and a half year to complete the legal process, have emotional attachment with children and they are worried about the new decision.
Even children rights organizations opposed the decision of Ministry of Women, Children and Social Welfare to restart the process of adoption of the children whose legal matching was completed six months ago, but the government is in no mood to listen anyone. "This is a violation of rule of law and rights of children. We will oppose this unrealistic decision which violates the rights of the children to live with adopted families," said Manoj Kumar Kanel, coordinator, Children Adoption Watch Group. "If there are any flaws in the laws, the government needs to take action, otherwise the children must be allowed to fly with their adopted parents."
According to the Ministry of Women, Children and Social Welfare, the files of around 400 orphans whose process for adoption was completed, now has been returned to concerned districts administration offices. Although this is an emotional issue between adopted parents and children, hundreds of NGOs working in the name of protecting rights of children appear to be silent.
After a long gap, however, diplomats from six European nations urged the government to speedily resolve a deadlock over plans by hundreds of foreign families to adopt Nepali children. "It's a very emotional problem and it's becoming a humanitarian issue for the families," French Ambassador to Nepal Gilles-Henry Garault told AFP.
According to AFP report, diplomats from France, Italy, Spain, Switzerland, Canada and Germany met with the Minister for Women, Children and Social Welfare to try to resolve the fates of 358 children whose adoption process were underway.
Government's Negligence
Although six months have already passed since the government has suspended the inter-country adoption process claiming to improve terms and conditions for adoption, nobody knows when the new draft - which has now reached the cabinet – will be made public.
As it was prepared without any consultation with the stakeholders, it will inevitably generate controversies even after its implementation. Child rights organizations have demanded to include some clauses to make the process more transparent particularly the issues of fees in the adoption and to allow 400 children who have already completed the matching process and to abide by the declaration made by first international conferences and inter-country child adoption.
The rights organizations also demanded to include the clauses so that Nepalese mission abroad and organizations which proceeds the adoption can get the information about the children.
However, the Ministry has proposed new terms and conditions without consultations with stakeholders. "As the new terms and conditions are formulated without consultations of child rights organizations, it will definitely generate controversy," said advocate Upendra Keshari Neupane, who is also former president of Children Federation of Nepal. "The government must bring out the new terms and conditions, correcting all the loopholes of past rules with the consultation of stakeholders."
"By delaying the announcement of new terms and conditions, the government has shown that the issue regarding the rights of the children is not a matter of concern for them and it is not their priority," Neupane added.
Others see there is a conspiracy behind all these matters. "This is a conspiracy against the children's rights. All the child rights organizations want to see improvement in the existing terms and conditions of inter country adoptions. However, the government is ignoring all these issues and delaying the process of implementation of new terms and conditions," said Ganesh Bhakta Shrestha, president of OECD. "Inter-country adoption is very sensitive issue. By ignoring the emotional issues of adopted children and parents, the government has exposed its true face."
State of Children
The state of children in Nepal is very bad particularly for abandoned and orphans. Living in more than 500 orphanages and children homes, the future of more than 10,000 children is very uncertain. A study conducted by New Era in 2005 disclosed the pathetic situation of children who have been living in Children's Homes. In its study, the New Era's report revealed the bleak situation in such shelter homes.
According to an estimate, there are more than 300,000 orphans, more than 12,000 children who are working in Indian Circuses, 8000 children are living lives as street children and rag pickers and 100,000 children are serving in restaurants, house-holds, brick kilns and stone quarries.
In a country where every year more than 7000 girls are trafficked to brothels in India and hundreds of abandoned children are thrown out to the streets of the capital, the inter country adoption - which is mostly made with the parents of western countries at par with international convention and law - is one of the best way to provide better environment for them.
In a country where the welfare for children is virtually non-existent and many abandoned and orphan children are compelled to live in unhealthy environment with bleak future, there are no better alternatives.
"Inter country adoption is a very complicated legal process which strictly binds the laws of both the countries. It is based on valid documents and done under the laws of land," said advocate Upendra Keshari Neupane.
"If the government has capability to provide the social security and welfare to all its citizens, adoption can be stopped. If it is not in a position to do so, it must formulate the laws to allow the adoption," said Neupane.
After the restoration of democracy in 1990, it is estimated that more than 6 billion rupees have already been spent in the name of children welfare by various non-governmental organizations but the number of street children continue to range between 6000-9000.
Cause for Adoption
Family is the best place for a child to get love, care and proper guidance, the basic right of every child. And family is the first place where a child begins to learn the principles of living harmoniously, healthily, and happily within the society.
Many children in Nepal are living in the streets and sleeping with dogs. When they grow up, either they become pick-pocketers or are recruited as cadres for all kinds of criminal activities. There is a genuine human concern from the entire developed world for orphans. The persons from western countries cultured in a Christian morality of passion and pity for the poor wish to adopt Nepalese orphans.
Even though there is an increasing awareness and acceptance of adoption, it is still very difficult to understand the concept of adoption in Nepalese society. Adoption in Nepal is rather focused to the families than for the goodwill of the child. This concept has widened the problem in domestic adoption.
Legal Provisions
Nepalese laws have clear provisions for adoption. Couple or single woman having foreign nationality can apply to adopt a child. According to clause 12 (a) of Civil Code under the provision of adoption, the terms and conditions are formulated for inter country adoption.
Due to extreme poverty, in most of the cases, the babies are abandoned by their parents and these little ones get into an orphanage and they wait for someone loving and caring to get them into their sweet homes to let them enjoy their fundamental rights
There are lots of destitute children of both the sexes available for adoption in Nepal like in Bal Mandir – a state run orphanage. According to the adoption rules of the Government in Nepal, infertile couples married for four years or even single women, widow, divorcee are eligible to adopt a child. The age difference between the adopted child and parent should be not less than 35 and not more than 55 years.
An application has to be submitted to adopt a Nepali son or a daughter. In case of married couples, the application should also include the infertility report, marriage certificate, family and economic condition statement, health, character certificates, copies of passport and visa and a letter of consent to adopt a Nepali child authorized by the officer of the concerned country.
In the case of unmarried, divorced, windowed single parent, a guarantee letter written by the government of his/her country or the Embassy of his/her country in Nepal has to be submitted confirming that he/she who is taking the child in adoption shall bear the whole responsibility including nourishment and education of the child including the authorized evidence.
Upon the approval of adoption by the government, the child could travel to the country of the adoptive parents. Until the adopted child attains majority, the adoptive parent should inform the concerned orphanage, Nepalese Embassy or Mission located in the concerned country and Ministry of Women Children and Social Welfare of the Nepal Government, in writing, on the child's growth, diet, education and health every year.
The Nepalese Embassy or Mission will also, on the basis of the documents submitted by the adoptive parents and information sent by the Government of Nepal, submit a monitoring report confirming the growth, diet, education and health of the adopted son/daughter, until he/she attains majority, in accordance with the conditions to the Ministry of Women, Children and Social Welfare.
"The government has to implement the provision included in the Kathmandu Declaration of inter-country adoption conference held last March," said Neupane.
Trends of Adoption
Government and NGO sources say that some 300 children are adopted annually from Nepal. But data collected by CWIN National Resource Centre in the first three months of year 2007 show 338 children were adopted during this time alone.
Some child rights organizations argue that Intra or inter-country adoption could be one of the resorts for children without families. But the process is sometimes not in the best interest of the children and has many irregularities. Many adopted children might have found a better life and future but there are cases of children being sold and abused sexually.
Some countries have strict laws and have their own rules and regulations on inter-country adoption. There are also countries which totally prohibit inter-country adoptions.
International Conference
Following some controversy over adoption, Nepal hosted the first International Conference on Inter-Country Adoption on 11-13 March 2007 which led to the ratification of the Hague Convention on Inter-Country Adoption and the adoption of national laws and mechanisms to regulate in-country and inter-country adoption. This conference was an effort towards sharing the benefits to the children adoption, national and international legal frameworks and processes, and global inter-country adoption issues.
The Convention of Rights of Child, which guides UNICEF's work, states very clearly that every child has the right to know and to be cared for by his or her own parents, whenever possible. UNICEF believes that families needing support to care for their children should receive it, and that alternative means of caring for a child should only be considered when, despite this assistance, a child's family is unavailable, unable or unwilling to care for her or him.
At a time when the debate is going on over the adoption, Nepalese children, who are adopted by foreigners, are enjoying good environment. When the country is in no position to provide social security to the children, Nepal has no alternatives to adoption.
As it is, now the question is attached with human emotions of many parents and rights of children like Jamuna, Krishna and Lilly, the government has no options other than to give opportunity to the children to unite with their foster parents. Delaying the process of reunification will damage the image of Nepal in the international sector.
