"There are chances of maladjustments in (foreign) adoptions even after taking precautions. But we have to take all necessary care,” said Justice D.Y. Chandrachud.
Justice Chandrachud is in the process of finalising the modification in guidelines for inter-country adoption.
The Bombay High Court was hearing a petition by an Indian adoption agency, seeking revocation of 14-year-old Anita’s adoption by a US-based couple.
The need to modify guidelines arose after Anita’s repatriation after she suffered behavioural problems abroad.
One of the suggestions to make the inter-country adoption process stricter is to ask the foreign couple to deposit $5,000 [approximately Rs 2.25 lakh] with a trust that could be used in case the child is repatriated.
On Tuesday, Justice Chandrachud asked a committee appointed by the Union Ministry of Women and Child Welfare to reconsider the deposit amount.
“The committee may scale down the amount, as suggested by Additional Solicitor General Darius Khambatta, in case of inter-country adoption other than those involving children with special needs,” said Justice Chandrachud.
Khambatta, was appointed as amicus curie (friend of court) to assist the court in modifying the guidelines.
Jagannath Pati, a member with Central Adoption Resource Centre (CARA), and Dr Asha Bajpai, an expert on adoption issues, told the court that the deposit could act as a deterrent for adopting couples.
“Such huge amount of deposit may act as a deterrent, considering nearly 700-800 children are given in foreign adoption every year,” said Bajpai.