The Hindu : Karnataka / Bangalore News : Court makes adoption a sour experience?

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Karnataka

Karnataka - Bangalore

Court makes adoption a sour experience?

Divya Gandhi

— A FILE PHOTO: S. Thanthoni

SECURE AND COMFORTABLE: A child in the company of its adopted parents at a meeting.

Bangalore: By 1.30 p.m. Saturday, children waiting in line with their adoptive parents at Mayo Hall for their adoption case to be heard are visibly restive. It has been a three-hour wait along musty corridors outside the court hall and while some toddlers are successfully placated, others are close to tears.

The law does not require that adoptive parents bring their children to court during legal proceedings. But this is one of the many demands of the civil court at Mayo Hall where almost all adoption cases in the city are filed. These demands inconvenience and intimidate the family while also impeding the adoption process, say adoption agencies and adoptive parents.

Today is National Adoption Day.

In a letter to the Chief Justice of Karnataka High Court and to the chairperson of the Central Adoption Resource Authority (CARA), a reputed adoption agency has complained of major delays in the disposal of adoption cases in the civil court. Although a Supreme Court order directs the courts to dispose the cases within two months of filing an application, there are 60 cases here that have exceeded the deadline, some of which have been pending for 10 months, according to sources.

There are long intervals between hearings, says the letter written on Wednesday. There are far too many hearings when there need not be more than two: one to file the scrutiny report, affidavits and have arguments heard; and second when orders are passed.

Interrogation

Families have complained about offensive questions directed at them and of how such interrogation intimidates children, the letter points out. The judge insists that parents also bring the siblings of the adopted child to court and subjects them to questions that are “inappropriate”, such as “Who do your parents prefer, your adopted sister or you?” Sometimes the child is as young as five, the letter observes.

Families in open court have been asked questions insinuating at infertility and are asked to explain why they want to adopt a second child when they already have a biological child.

“My three year older daughter was asked to come up to the judge’s podium and point to her father and mother in the witness box,” Rajan N. told The Hindu.

“She was asked if she loves her brother in a court hall of 100 people.

She was so terrified she just fell silent. This is a strange situation for such a young child,” he said.

For Anita and Rajshekhar, who have adopted a son, it has been a six-month wait for the final hearing. “It has been a long and difficult wait,” said Mr. Rajshekhar.

Adoptive families are subject to brusque and insensitive cross examination, almost akin to how a criminal case might be handled. He added that the court premises were not conducive for children as they have neither space to wait or play.

(All names changed to protect identity )

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