It was observed by the Madurai Bench of Madras High Court that, to rely upon the biological parents to give their children in adoption or for foster care to foreigners was not safe.

Justice V. Ramasubramanian stated that, children were not properties of their parents so as to entitle the latter to have absolute dominance over the former in a country were ‘utter poverty drives a few families to sell their children’ for begging, forced labour and even prostitution.

It was stated by the Justice while passing the interim orders on a petition filed by German couple seeking exemption from procedures required to be followed in cases of inter-country adoption on the ground that norms need to be followed only while adopting abandoned children and not in the cases of adoption with the consent of biological parents.

Here the petitioners, German couple, wanted to adopt the fourth girl child of an Indian family, with the consent of the biological parents, at Oothukottai in Tiruvallur district of Tamil Nadu, after they developed contact with the family during their visit to India.

On the other hand, a Home Study Report (HSR) regarding their economic, social, familial and physical status were not possessed by them nor were they sponsored by a recognized adoption agency as required under the inter-country adoption laws.

Report by Sharika