Sunday, June 13, 2010

Bhutanese Child Adoption Bill

Six applications for child adoption have been kept in abeyance by the national commission for women and children (NCWC) till the Adoption Act is ready. But yesterday, the National Council deferred the Child Adoption Bill to its winter session, having had very little time to review the bill, which was submitted late.

The social and cultural affairs committee, which reviewed the bill, received it only a month before the National Council session, according to a press release from the Council. Bills are required to be submitted three months before the session starts.

However, the chairperson of NCWC, education minister Lyonpo Thakur Singh Powdyel presented the need and importance of the bill to the council yesterday. NCWC is the organisation proposing the bill.

According to the minister, so far there was no act providing protection to children, who were adopted. The minister said that there were no investigations done as to why the child was being adopted. “This bill protects the child,” he said.

Talking to Kuensel, the minister said that, when it came to inter-country adoption, there were no proper records. “We’re concerned about their welfare, since adoption could have taken place without the best interest of the child,” he said, adding that the present child adoption situation was arbitrary.

“The bill is the first attempt to streamline procedures for adoption for both domestic and international cases,” he said. “It lays down comprehensive and detailed processes and procedures affecting the life and interest of the adopted child.”

The bill also provides a mechanism for regular monitoring of the welfare of the adopted child. For example, adoptive parents were required to send in annual reports to the commission.

The bill also states that children below 18 years of age can be adopted. However, no child under six months of age will be considered for adoption. “Abandoned children, however, were a different case,” said the education minister. “The child needs protection immediately; but; in the long run; the adoption of the child will have to go through the procedures.”

Adoption, however, according to the minister; should be seen as ultimate resort to ensure welfare of child. “Adoption shouldn’t be encouraged in the normal circumstances, because the relationship between the child and biological parents is sacred, and needs to be honoured,” he said.

On the possibility of establishment of orphanages, the education minister said that that orphanages, old age homes and transit shelters were necessary only as temporary measures, and were not the most desirable institutions in society. “The effort should be to live and belong together,” he said.

The bill also proposes NCWC as the competent authority to provide adoption services and the power to accredit civil society organisations as providers of such services. Any Bhutanese citizen, single or married, and of good moral character, financially secure, not convicted of felony crime, capable of support and care for child, can adopt a child, the bill states.

Inter-country adoption can be done by only those foreign nationals of a country with whom Bhutan has diplomatic relationship, or by a Bhutanese citizen permanently residing abroad. The high court has the jurisdiction to hear on matters concerning inter-country adoption of a child.

The Child Adoption Bill is also a commitment NCWC has made to international conventions on child care and protection. Source: Kuenselonline

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