International Adoption in Nepal - Term Paper Example

First Last International Adoption in Nepal The concept of international child adoption may be new, but child adoption itself has been practiced in human societies since ages. No matter what the cause, the process of child adoption carries with it a number of responsibilities as well as risks although it helps quite a lot of couples who are infertile, or those who are merely willing to have another child. Nepal is well known as one of the source countries for child adoption, but recently there has been much concern about adoption from Nepal as various reports have emerged claiming that a number of unlawful activities are being carried out in Nepal hidden behind the practice of child adoption. This paper takes a closer look at the international adoption system and the role of Nepal in this system. Introduction Human beings are perhaps the most complex of all species existing on earth today, and have successfully maintained their existence since thousands of years adapting not only to nearly all the areas and climates of the planet, but also adjusting socially in a manner that has assisted their survival during all these times. The basic unit of human society is the family and it is the interaction of families that forms a society. It is perhaps one of the basic wishes of a couple to have a family of their own, and if this wish is not fulfilled due to any reason, a feeling of emptiness in life prevails. The option of adoption of a child comes as a rescue, but it has its own pros and cons. A number of social, psychological, economical and political issues surround the very concept of child adoption, and it is for this reason that a number of rules and regulations for child adoption are in place. However, in many circumstances, it has been observed that countries from where children for adoption originate, happen to disobey such rules and as a result become a cause of crisis not only for the children but also for the parents, Nepal being one of such countries. Discussion The practice of adoption has been common in human societies ever since the times known to mankind. A number of reliable historical records of many famous personalities point towards the fact that this practice was quite common in ancient times. The reasons for such practice may have been different and varied in different times, but it appears that it served a useful purpose in most of the cases. Around 1391 B.C.E, during a national crises in Egypt, the pharaoh ordered the killing of all Hebrew boys as a result of which Jochebed who was the mother of Moses set Moses adrift on the Nile river, who was later on found by Pharaoh’s wife and adopted, since Pharaoh’s wife was unable to conceive herself. Later on, around 500-600 A.D, when Christian condemnation of child exposure resulted in infants being abandoned on church doorsteps, the practice of oblation developed whereby children were raised in monasteries and they led monastic life. This was perhaps the start of institutional care of abandoned children in history. Around 570 – 632 A.D, the Muslim prophet Muhammad who was born in the city of Mecca was orphaned. Later on he came under the care of his uncle. Though Muhammad adopted a son himself, but later he reported that this practice was to be discontinued according to the wishes of ALLAH (the muslim name for GOD). Therefore, the Islamic law although allows to raise and care for nonbiological children, yet it prohibits legal adoption of nonbiological children (Merino, 2010). The article 7 of the United Nations Convention on the Rights of the Child states that “the child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents”. Moreover, it also states that “states parties shall ensure the implementation of these rights in accordance with their national law and their obligation under the relevant international instruments in this field, in particular where the child would otherwise be stateless”. The concept of international adoption is relatively new one. As previously discussed, the practice of adoption has been existing in human societies for centuries, yet the very large scale institutionalization of this practice was noted during the second half of the twentieth century. The main reasons were wars like Korean war, Viet Nam war etc. European and American infertile couples adopted orphaned children from these areas as an act or humanity while solving their problem of infertility at the same time. However, as the practice of international adoption became widespread, the sending countries began to react to this process as an act of untoward exploitation of their misery (Marre, 2009). This is led to controversies internationally and many countries have imposed restrictions on this process. There are a number of reasons why parents opt to adopt a child. The vast majority of adoptive parents are married couples who cannot have their own children i.e. they are involuntarily childless. As a couples tries again and again by various means to get a child, it is likely that they become obsessed with a child-wish (Hoksbergen, 1997). Apart from this reason, there may be a number of other reasons varying from case to case. As reasons vary, so do the way parents feel about such adoptions. Many countries of the world have taken special legal actions for the supervision of inter-country adoption, not only to improve the chances of success of such child adoptions but also to minimize abuses. The countries of origins have mainly used two methods for this purpose; firstly, special permission needs to be taken from the government of the country before leaving the country after which the child is allowed to be adopted in the receiving country, Secondly, the child has to be adopted in the country of origin if he or she is to leave the country for adoption. On the contrary, in receiving countries, there is a tendency to handover the adoption process to governmental bodies which regulate the process according to their rules and regulations. However this trend in receiving countries is not universal to all countries (Recueil Des Cours, 1995). A number of problems have been noted in inter-country adoptions worldwide. The use of false birth mother to release her child is the usual method adopted in countries like Nepal, Nigeria and Sierra Leone. This is done to create a paper trail for an illegally obtained child. The problem is further complicated by the high incidence of corruption and documental fraud (US-GAO, 2005). In Nepal, human trafficking is often protected by high-level decision makers, politicians and lawmakers, who in many cases are involved as partners in this illegal business. Debt bondage which assists human trafficking is also practiced in this region, although forced labor and slavery are prohibited under Nepali law (Territo, 2010). The most terrible thing to realize is the fact that no comprehensive law on ‘human trafficking’ exists in Nepal and none of the national laws define ‘human trafficking’ per se (Devasia, 2009). It is for this reason that those who are in power in Nepal promote the evil of human trafficking for their financial interests. The political and social circumstances of a country deeply affect the fate of children. Nepal is a politically and economically unstable country. This instability is one of the causes which promote human trafficking and child labor. Adding to the complexity of matters are factors like internal armed conflict, natural disasters and civil unrest. The current conflict with Maoist rebels has caused serious damage to children. A total of 9133 deaths of children have been attributed to Maoist insurgency in Nepal. As this violence continues, the education system of Nepal is getting affected and this in turn may be the cause of future damages to children. Almost 150,000 children have been reported to be affected due to the closure of schools due to Maoist insurgency. The process of education in schools continues to be disrupted again and again, and as a result the basic right to education is denied. Apart from educational damages, there are hundreds of children who have lost their parents due to Maoist conflicts, and the number rises to thousands when those who are displaced are counted. It is estimated that around 12,000 children are sold annually for prices in the range of thousands of rupees and are then subjected to inhumane labor (Herath, 2007). Being politically corrupt, the leaders of the country have no interest in the welfare of the people of country and since most of the population is illiterate, they take advantage of the fact that the vast majority of the illiterate are unaware of their basic rights. Keeping in view this background of Nepal, one can easily understand that the chances of getting an illegally-adopted child from Nepal are high and similarly the issues pertaining to such matters can have grave consequences. When Hague Adoption Convention was enforced in United States on April 1, 2008, the adoption process for Nepal did not change. A number of reports have come forward stating that the conditions in Nepal for inter-country adoption are not favorable which has led to considerable unrest about the matter internationally. The United States Department of State has stopped the process of adoption from Nepal altogether as a result of such issues. Other countries like Belgium, Italy, Sweden and UK have followed the trend < http://betheanswerforchildren.wordpress.com/2010/05/04/nepal-u-s-dept-of-state-announcement/ >. There is a need to reform the process of international child adoption and countries like Nepal should work actively in collaboration with international community to improve the conditions on its own land, so that the benefits of international adoption may reach the poor people of Nepal. Conclusion As it can be seen from the above discussion that the concept of adoption may have many benefits if it is practiced wisely and the element of humanity associated with it is given preference. There are millions of children in poor countries who need proper care and good education, and if they are adopted by families from richer nations, they stand a chance of developing into educated and skilled human beings of the future and in turn contribute towards the benefits of humanity. But, when the practice of adoption is corrupted by the financial or political interest of individuals, as it has happened in Nepal, the purpose of adoption is lost and instead of helping a child, the practice becomes that of harming the child psychologically, emotionally and physically. A good suggestion would be to develop an international law based on the patterns and trends of adoption seen around the globe in various countries and cultures, and let that law be implemented internationally under the control of one body which will have the responsibility to enforce that law. References Hoksbergen, R A. C. Child Adoption: A Guidebook for Adoptive Parents and Their Advisers. London: Jessica Kingsley Publishers, 1997. Print, p11. Recueil Des Cours: Collected Courses of the Hague Academy of International Law. Dordrecht: Martinus Nijhoff Publishers, 1993. Print, p288-291. Merino, Faith. Adoption and Surrogate Pregnancy. New York: Facts On File, 2010. Print, p287-289. US, Senate, GAO, Committee on Foreign Relations, Congress: Foreign affairs agencies have improved the intercountry adoption process, but further enhancements are needed : report to the Chairman, Committee on Foreign Relations, U.S. Senate: DIANE Publishing, 2005, p26. Herath, Gamini. Child Labour in South Asia. Aldershot [u.a.: Ashgate, 2007. Print, p138. Marre, Diana, and Laura Briggs. International Adoption: Global Inequalities and the Circulation of Children. New York: New York University Press, 2009. Print, p138. Territo, Leonard, and George Kirkham. International Sex Trafficking of Women & Children: Understanding the Global Epidemic. Flushing, NY: Looseleaf Law Publications, 2010. Print, p264. Devasia, V V, and Ajit Kumar. Social Work Concerns and Challenges in the 21st Century. New Delhi: A.P.H. Pub. Corp, 2009. Print, p79. Read More