International adoption is a type of adoption in which an individual or couple becomes the legal and permanent parent(s) of a child who is a national of a different country. In general, prospective adoptive parents must meet the legal adoption requirements of their country of residence and those of the country whose nationality the child holds.
Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire nationality and formal membership in a nation are separated from the relationship between a national and the nation, known as citizenship. Some nations domestically use the terms interchangeably, though by the 20th century, nationality had commonly come to mean the status of belonging to a particular nation with no regard to the type of governance which established a relationship between the nation and its people. In law, nationality describes the relationship of a national to the state under international law and citizenship describes the relationship of a citizen within the state under domestic statutes. Different regulatory agencies monitor legal compliance for nationality and citizenship. A person in a country of which he or she is not a national is generally regarded by that country as a foreigner or alien. A person who has no recognised nationality to any jurisdiction is regarded as stateless.
Marriage law refers to the legal requirements that determine the validity of a marriage, and which vary considerably among countries. See also Marriage Act.
The China Center of Adoption Affairs (CCAA) was established on June 24, 1996 by China's Ministry of Civil Affairs. The CCAA is responsible for the welfare of children in the care of Child Welfare Institutes (orphanages), domestic adoption, and international adoption.
The Indian Child Welfare Act of 1978 (ICWA) is a United States federal law that governs jurisdiction over the removal of Native American (Indian) children from their families in custody, foster care and adoption cases.
There are several notable cultural variations in adoption. Adoption is an arrangement by which an orphaned child or one whose biological parents are unable to care for them is "adopted". While all societies make provision for the rearing of children whose own parents are unavailable to care for them, cultures and legal systems treat an adopted child in different ways ranging from equivalent status to legitimate biological children to guardianship.
The Ministry of Women and Child Development, a branch of the Government of India, is an apex body for formulation and administration of the rules and regulations and laws relating to women and child development in India. The current minister for the Ministry of Women and Child Development is Smriti Irani having held the portfolio since 31 May 2019.
The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption is an international convention dealing with international adoption, child laundering, and child trafficking in an effort to protect those involved from the corruption, abuses, and exploitation which sometimes accompanies international adoption. The Convention has been considered crucial because it provides a formal international and intergovernmental recognition of intercountry adoption to ensure that adoptions under the Convention will generally be recognized and given effect in other party countries.
The Hindu Adoptions and Maintenance Act (HAMA) was enacted in India in 1956 as part of the Hindu Code Bills. The other legislations enacted during this time include the Hindu Marriage Act (1955), the Hindu Succession Act (1956), and the Hindu Minority and Guardianship Act (1956). All of these acts were put forth under the leadership of Jawaharlal Nehru, and were meant to codify and standardise the current Hindu legal tradition. The Adoptions and Maintenance Act of 1956 dealt specifically with the legal process of adopting children by a Hindu adult, and with the legal obligations of a Hindu to provide "maintenance" to various family members including their wife or parents, and in-laws.
The Hindu marriage Act is an Act of the Parliament of India enacted in 1955. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act (1956), the Hindu Minority and Guardianship Act (1956), the Hindu Adoptions and Maintenance Act (1956).
Adoption in Australia deals with the adoption process in the various parts of Australia, whereby a person assumes or acquires the permanent, legal status of parenthood in relation to a child under the age of 18 in place of the child's birth or biological parents. Australia classifies adoptions as local adoptions, and intercountry adoptions. Known child adoptions are a form of local adoptions.
Overseas Indians, officially known as Non-Resident Indians (NRIs) or Persons of Indian Origin (PIOs), are people of Indian birth or ancestry who live outside the Republic of India. According to a Ministry of External Affairs report, there are 32 million NRIs and PIOs residing outside India and overseas Indians comprise world's largest overseas diaspora. Every year 2.5 million Indians migrate overseas, which is the highest annual number of migrants in the world.
Overseas Citizenship of India (OCI) is a form of permanent residency available to people of Indian origin and their spouses which allows them to live and work in India indefinitely. Despite the name, OCI status is not citizenship and does not grant the right to vote in Indian elections or hold public office. The Indian government can revoke OCI status in a wide variety of circumstances. As of 2020, there are 6 million holders of OCI cards among the Indian Overseas diaspora.
Colombian nationality is typically obtained by birth in Colombia when one of the parents is either a Colombian national or a Colombian legal resident, by birth abroad when at least one parent was born in Colombia, or by naturalization, as defined by Article 96 of the Constitution of Colombia and the Law 43-1993 as modified by Legislative Act 1 of 2002. Colombian law differentiates between nationality and citizenship. Nationality is the attribute of the person in international law that describes their relationship to the State, whereas citizenship is given to those nationals that have certain rights and responsibilities to the State. Article 98 of the Colombian constitution establishes that Colombian citizens are those nationals that are 18 years of age or older. Colombian citizens are entitled to vote in elections and exercise the public actions provided in the constitution.
The following outline is provided as an overview of and topical guide to adoption:
Adoption in the Philippines is a process of granting social, emotional and legal family and kinship membership to an individual from the Philippines, usually a child. It involves a transfer of parental rights and obligations and provides family membership. The Department of Social Welfare and Development (DSWD) defines adoption as a "socio-legal process of giving a permanent family to a child whose parents have voluntarily or involuntarily given up their parental rights."
The Preventing Sex Trafficking and Strengthening Families Act is a US bill that would address federal adoption incentives and would amend the Social Security Act (SSA) to require the state plan for foster care and adoption assistance to demonstrate that the state agency has developed policies and procedures with respect to the children it is working, and which are (possibly) a victim of sex trafficking or a severe form of trafficking in persons. The bill furthermore requires states to implement the 2008 UIFSA version, which is required so the 2007 Hague Maintenance Convention can be ratified by the US.
Juvenile Justice Act, 2015 has been passed by Parliament of India amidst intense controversy, debate and protest on many of its provisions by Child Rights fraternity. It replaced the Indian juvenile delinquency law, Juvenile Justice Act, 2000, and allows for juveniles in conflict with Law in the age group of 16–18, involved in Heinous Offences, to be tried as adults. The Act also sought to create a universally accessible adoption law for India, overtaking the Hindu Adoptions and Maintenance Act (1956) and the Guardians and Wards Act (1890), though not replacing them. The Act came into force from 15 January 2016.
The Citizenship (Amendment) Act, 2003 was passed by the Parliament of India in December 2003, and received presidential assent in January 2004. It is labelled "Act 6 of 2004".
Surinamese nationality law is regulated by the 1987 Constitution, the Allocation Agreement of 1975, and the 2014 Surinamese Nationality Law. It is highly influenced by Dutch law. These statutes determine who is, or is eligible to be, a citizen of Suriname. The legal means to acquire nationality, formal membership in a nation, differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Surinamese nationality is typically obtained either under the rules of jus sanguinis, i.e. birth to at least one parent with Surinamese nationality; or on the principle of jus soli, i.e. by birth in Suriname. It can also be granted to a permanent resident who has lived in Suriname for a given period of time or by presidential decree through naturalization.
