WANT TO ADOPT A SRI LANKAN CHILD?

HERE’S WHAT YOU NEED TO KNOW...

Achild is considered a blessing, but due to unforeseen circumstances, having a child could remain a dream for some who aspire to be parents. The concept of adoption has been defined by various social and cultural interpretations. For some, an adoption has various ifs and buts, but what really matters is if a would-be parent is willing to give a welldeserved life to a child who would otherwise remain at a care home. In Sri Lanka, although there is a demand for adoptions, this is always considered a last resort. But from a global point of view, many foreign individuals have shown an interest in adopting children from Sri Lanka. However, prior to an adoption, be it within the country or foreign, the applicants have certain criteria to fulfill.

Q MANY FOREIGNERS ARE INTERESTED IN ADOPTING SRI LANKAN CHILDREN. DOES THE LAW ALLOW SUCH ADOPTIONS? AND WHAT ARE THE PROS AND CONS OF THIS MATTER?

Yes the law does allow foreign adoptions and there are quite a number of successful foreign adoptions. This is regulated through the Adoption Ordinance of Sri Lanka and the Amendments to the Ordinance in 1992. There is a thorough process to be followed in order for a foreign resident to apply for an adoption in Sri Lanka and is also handled by the National Commissioner of Probation and Child Care Services of Sri Lanka. It is important to note that the existing system gives priority to local adoptions.

It is important to keep in mind that Sri Lanka is bound by the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoptions. The Convention seeks to protect children and their families against the risks of illegal, irregular, premature or ill-prepared adoptions abroad.

The advantage of a foreign adoption would obviously be the standard of life and education for the child. It is a standard understanding within Child Protection Actors that the process of adoption is more for the benefit of a child who is need of a family, rather than for parents who are in need of a child. I have personally come across many children who have been adopted by foreign families. It is rewarding to see these children and their quality of life in terms of living and education.

However, the monitoring mechanisms, post adoption must be followed and be consistent. The major disadvantage would be the risk of safety to the child who will be taken out of the country. These risks may come in different ways; exploitation for work, sex, organ etc. This is why the follow up monitoring needs to be regulated and consistent. Sec. 10C of the Adoption Ordinance mentions the follow up process through reports submitted to the Commissioner as “…quarter-yearly, in respect of the child until the adoption of such child is legally confirmed in that country; … half-yearly, in respect of such child along with the child’s photographs for the first three years from the date on which the adoption is legally confirmed in that country;… yearly, in respect of such child until such child reaches the age of ten years…”

The existing law states that such reports should be submitted until the child is 10 years old. However, it is in my opinion and recommendation that this should change to 18 years until the child reaches the age of adulthood.

Q IS THERE A MONITORING MECHANISM TO ENSURE THAT THE CHILD LIVES IN A SAFE AND SECURE ENVIRONMENT AFTER HIS/ HER NEW PARENTS TAKE THEM AWAY?

The current monitoring mechanism is laid down in Sec. 10C of the Adoption Ordinance.