Domestic Legal Standards Governing Child Adoption in Sri Lanka

This research paper delves into the domestic legal standards regulating child adoption in Sri Lanka, examining the legislative measures and ordinances that govern the process. It employs a methodology encompassing questionnaires, interviews, and public opinion polls to gather data from various stakeholders, including natural parents, adoptive parents, and the general public. The study explores key aspects such as adoption orders, the welfare of the adoptee, age limits for adopters, rules surrounding intercountry adoption, and the preservation of the child's identity. Limitations encountered during data collection, such as incomplete questionnaires and biased responses, are acknowledged. The results highlight varying perspectives on the adoption law, including the welfare considerations for children, age limits for adoptive parents, and the retention of a child's identity. The discussion emphasizes the importance of prioritizing the child's welfare in adoption proceedings and adhering to legal standards to ensure a beneficial and ethical adoption process. Desklib is a valuable resource for students seeking similar solved assignments and study materials.

Domestic Legal Standards on Children Adoption
Abstract
The aim of the research paper below is to look into the legislative measures regulating the
adoption of children in Sri Lanka. Adoption refers to the procedure by which another person
other than the biological parent assumes the rearing of a child. The child is given up for adoption
is referred to as the adoptee. The parents considering the rearing of the adopted child are called
the adopters or the adoptive parents. On the other hand, the parents giving up the child for
adoption are termed as the natural or biological parents.
The methodology in the paper covers questionnaires, interviews and public opinion poll survey
methods. They helped in the collection of information by engaging the target populations
differently. The responsiveness of the people to the different ways of data collection was
commendable. I encountered several problems when gathering information. The issues include
failure to return all questionnaires by respondents, biases and also insufficient time for answering
interview questions. After collecting data, I gained a clear understanding of the laws governing
adoption in Sri Lanka. The law provides regulations on adoption orders and provides
information on, the welfare of adoptee; age limits of the adopters and rules about the inter-
country assumption of child-rearing and also preserving the identity of the child upon adoption.
Introduction
When a child's upbringing is transferred to another person permanently, the process is referred to
as adoption. According to the ordinances of assuming parenting in Sri Lanka, the biological
parents transfer the privileges and parenting duties to the adopting parents.1 The regulations have
1 Kimball, C. E. (2004). Barriers to the successful implementation of the Hague Convention on Protection of Children and Co-operation in
Respect of Intercountry Adoption. Denv.J. Int'l L. &Pol'y, 33, 561.

it that, the obligations of natural parents can only be terminated when the court permits the
adoption process, after considering it to be for the welfare of the child. A single adoption order is
only restricted to one couple whereby, the court cannot permit two or more couples to assume
parenting of one child. The law requires the Registrar-General to preserve an Adoption Register
where the entries on assumption orders are being made. The primary purpose of this paper is to
explore the domestic legal standards that regulate the adoption of children in Sri Lanka and
different revisions that have occurred.
Methodology
The primary objective of this research is to explore on the domestic legal standards that govern
the adoption of children in Sri Lanka and various amendments involved. With the main problem
in mind, I considered different methods by which the research will be carried out to come up
with the best results. To ensure that adequate data is collected, various techniques have to be
used to allow a comprehensive result. The methods to use in gathering information for this
research are; questionnaires, interviews, and survey approaches.
The questionnaire method involves the use of written down questions which a researcher issues
to the respondents, whom after filling in the answers return them to the researcher.2 This method
is useful as it is cheap, not biased and it is straightforward about the questions. I drafted
questionnaires with the yes-or-no answer, and open-ended questions concerning the subject
matter, welfare of adopted children. The issues involved were; the adoption ordinances have
considered the welfare of children under adoption. Do you agree with this?
The interview method involves the interaction with the person offering information either on a
one-on-one basis or through the telephone.3 In this case, I incorporated the face-to-face type of
2 Masson, J. (2001). Intercountry adoption: A global problem or a global solution. Journal of International Affairs, 141-166.
3 Kimball, C. E. (2004). Barriers to the successful implementation of the Hague Convention on Protection of Children and Co-operation in
Respect of Intercountry Adoption. Denv.J. Int'l L. &Pol'y, 33, 561.

interview. This method is efficient because it will allow the creation of a connection with the
interviewees which will help in their understanding of the subject to provide rich information. I
interviewed two residents of Sri Lanka, one being a natural parent and the other an adoptive
parent. The main aim was gaining knowledge on their opinions on the legal standards on
adoption of children that control the age limit of foster parents.4 This method included visitations
to their premises and engaging them in a one-on-one consultation.
The survey technique involves the collection of information through inquiries to a target
population. The survey method of choice to use in this research is the public opinion poll
method. The general opinion poll is a way of collecting information that allows one to weigh the
views and approaches of a particular population on a specific matter. In this case, I held
interviews with random people from different regions in Sri Lanka to investigate their take on
the research problem.5 The questions to ask involved yes or no answers to precise and also the
open-ended questions. The yes or no answer questions included items like; do you understand
the role of the ordinances of adoption? Do you know the rules governing inter-country
adoption? Should a child retain his or her identity after adoption? The open-ended questions, on
the other hand, give room for the interviewees to express themselves without any limitation for
instance; what are the legal impacts of adoption? What do you understand about the Tsunami
Special Provisions Act 2005?
Limitations
4 Carlson, R. R. (1994). The Emerging Law of Introductory Adoptions: An Analysis of the Hague Conference on Intercountry Adoption. Tulsa
LJ, 30, 243.
5 Carlson, R. R. (1994). The Emerging Law of Introductory Adoptions: An Analysis of the Hague Conference on Intercountry Adoption. Tulsa
LJ, 30, 243.

The methods used in gathering information on the research problem were useful, but they also
had their flaws. Firstly, not all the respondents returned or filled in the questionnaires issued
hence limiting the amount of data collected.6 Secondly, in the interview process, the examinees
were giving answers based on their first-minute decisions since there was not enough time for
them to think widely. As a result, they were not able to provide sufficient information compared
to if they had more time, where they would provide ample information. Lastly, some of the
candidates in the public opinion polls were giving prejudiced answers for lack of understanding
of the law.
Results
After using the above procedures for data collection, I was able to come up with various
outcomes regarding the research problem.7 A considerable number of respondents returned their
questionnaires while other did not.8 For those who brought them back, their way of responding to
the questions was commendable since they had answered them all. On the closed questions, only
a few expressed disagreement with the issue while the rest agreed to the fact that the welfare of
children has been considered in the adoption law.9 On the open-ended query, most replies
showed that most of the respondents are comfortable with the way in which the adoption
6 Polikoff, N. D. (2009). A mother should not have to adopt her own child: Parentage laws for children of lesbian couples in the twenty-first
century. Stan. JCR & CL, 5, 201.
7 Gaffney-Rhys, R. (2016). Concentrate Questions and Answers Family Law. Oxford University Press.
8 O'halloran, K. (2006). The politics of adoption. Dordrecht: Springer.
9 Masson, J. (2001). Intercountry adoption: A global problem or a global solution. Journal of International Affairs, 141-166.

ordinances consider the welfare of adoptees.10 On the other hand, some saw that as a debatable
issue.
After the interview with an adoptive parent residing in Sri Lanka, she expressed her
disagreement with the adoption law that inhibits parents of less than twenty-one years older than
the adoptee, from adopting children.11 On the other hand, the natural parent was agreeing with
the fact that adoption law controls the age limits of those assuming child-rearing. Regarding the
public opinion polls, the majority of the random candidates had an understanding and positive
opinions on the law that regulates the adoption of children.12 Similarly, the majority of the
interviewees were in support of retaining a child's identity upon adoption.13 A minimal number
of examinees were conversant with the laws governing international adoptions. Most of the
candidates were conversant with the legal impacts that result from adoption. Some examinees
expressed their understanding on the Tsunami Special Provisions Act of 2005 while others were
not fully aware of it.
Discussion
The welfare of the children being offered for adoption has been well advocated for the law of
adoption. The ordinances indicate that before giving leave to any adoption process, the wellbeing
10 O'halloran, K. (2006). The politics of adoption. Dordrecht: Springer.
11 Samuels, E. J. (2004). Time to Decide-The Laws Governing Mothers' Consents to the Adoption of Their Newborn Infants. Tenn. L. Rev., 72,
509.
12 De Silva, W. (1981).Some cultural and economic factors leading to neglect, abuse and violence in respect of children within the family in Sri
Lanka. Child Abuse & Neglect, 5(4), 391-405.
13 Owen, A. (2007). Using legislation to protect against unethical conversions in Sri Lanka. Journal of Law and Religion, 22(2), 323-351.

of a child should win out those of parties involved.14 Therefore, the welfare of a child during
adoption should not be a debatable issue since adoption is a provision for the child, not the
involved parties. About the greatest welfares of a child, several matters should be considered.
Before a court issues authority to initiation of an adoption procedure, it should regard to requests
of an adoptee. In this case, the court should consider aspects such as the prime of life of the child
that will help it grant the aspirations.15 The court should also consider the ability of the
candidates to be able to provide for the academic and psychological needs of the child. A child's
protection from ferocity and any exploitation should always come first in any matter relating to
upbringing and adoption. Since adoption is a provision to the child, the court should ensure that
the adoption will be of utmost benefits to the child
In Sri Lanka, the role of choosing the right adoptive parents for a child lies in the hands of the
biological parent. In this case, they can also state the extent of interaction they want with their
child for the court to provide the condition. The regulations under different authorities in Sri
Lanka offer age limits for the adoptive parents. For an adoption order to be approved, the
applicant must above twenty-five years of age.16 The adoptive parents must be above twenty-one
years age difference with the adoptee. The issue of age is considered the principal basis for
evaluating the capability of raising the adopted child.
14 Samuels, E. J. (2004). Time to Decide-The Laws Governing Mothers' Consents to the Adoption of Their Newborn Infants. Tenn. L. Rev., 72,
509.
15 Bartholet, E. (1993). International adoption: Current status and future prospects. The Future of Children, 89-103.
16 Riggs, D. W., & Augoustinos, M. (2009). Institutional stressors and individual strengths: Policy and practice directions for working with
lesbian and gay foster carers. Practice: Social Work in Action, 21(2), 77-90.

When applications are made to adopt a child, by persons who are not residents of Sri Lanka, they
can only be favored if there are no existing applications by a resident of Sri Lanka.17 In the case
of joint foreign applicants, the court will ask for police and home study report evaluating these
applicants. The home reports will give an evaluation of the applicants' societal, mental, spiritual
and monetary backgrounds to know their appropriateness on adopting the child.18 The police
report will show how the applicants carry themselves and the kind of businesses they engage in.
The child should remain under the custody of a guardian until the court permits an adoption.19
The rule on whether a child should retain his or her identity upon adoption significantly will
depend on the on the adoption law. When the name of the child is well known to the adoptee, he
or she should be consulted in the event of a change.20 Before it is changed the child has to
approve of that. For the best interests of the child, the court has to consider explanations
regarding the change of the child's name.21 The main legal impact of the adoption order is that
the custody of the child ceases to be under the natural parents and is taken over by the adoptive
parents. The law has it that, privileges of an adopted child should be in line with those of the
children of assuming parent.22 The adoptee is considered as a child born in lawful wedlock by the
17 Carro, J. L. (1994). Regulation of intercountry adoption: Can the abuses come to an end. Hastings Int'l & Comp. L. Rev., 18, 121.
18 Triseliotis, J. P. (Ed.). (1980). New developments in foster care and adoption.Routledge.
19 Masson, J. (2001). Intercountry adoption: A global problem or a global solution. Journal of International Affairs, 141-166.
20 Friedmann, W. (1959). Law in a changing society.Unit of California Press.
21 Parkinson, P. (2003). Child protection, permanency planning and children's right to family life. International Journal of Law, Policy and the
Family, 17(2), 147-172.
22 Selman, P. (2002). Intercountry adoption in the new millennium; the``quiet migration''revisited. Population research and policy review, 21(3),
205-225.

adopters. Therefore, the child should live with them as his or her parents, and they should treat
the child as their own.
After Sri Lanka experienced the catastrophic tsunami in 2004, many people were left behind
displaced from their homes. Children lost their parents and were left as orphans with no one to
take care of them. In this regard, the legislation in Sri Lanka formulated a law that to cater for the
rights of the post-tsunami victims. In this, the government put into effect the Tsunami Special
Provisions Act 2005 regarding the victims and assets affected. Part II of this act has provisions
on the care of kids and young persons whom in the event of the tsunami were left orphans. It also
caters to children whom in the event of the disaster have one parent who cannot take care of or
protect them.
A register covering the information of the orphaned children, who require foster care, is to be
preserved by the National Child Protection Authority. Any custodian of the post-tsunami orphans
or children who does not register within the stipulated time and goes ahead to adopt a child will
be termed as guilty and imprisoned for not more than two years.23 In section 11 of Part II, the act
provides that single parents desiring to place their children for adoption should notify the
authority in six months.24 It gives the same duration for young person desirous of adoption. The
law also states that evaluation shall be done on any person desiring to be a foster parent to assess
his or her ability to care for the child. The foster parent is required to provide upkeep and safety
to the child at all costs. Under provisions of this act, in Section 18, a Monitoring officer is
23 Kane, S. (1993). The movement of children for international adoption: An epidemiologic perspective. The Social Science Journal, 30(4), 323-
339.
24 Murphy, K., Quartly, M., & Cuthbert, D. (2009). “In the Best Interests of the Child”: Mapping the (Re) Emergence of Pro‐Adoption
Politics. Journal of Politics & History, 55(2), 201-218.

needed to assess how foster parents perform their roles about the adopted child. The Tsunami
Special Provisions Act 2005 changed the aspect of the society concerning adoption of children.
This is because it has regulations in place to govern the way in which foster care is provided to
the victims in need. It contains rules that ensure that the best interest of an adoptee is provided.
Conclusion
Adoption is the procedure by which the rearing of a child is assumed by another person other
than the biological parents. The natural parents of the child give out the child for adoption so that
he or she can be provided with an established upbringing. In Sri Lanka, some ordinances govern
the adoption process to ensure proper handling of the process. Regulations on adoption provide
information on, the welfare of adoptee; age limits of the adopters, and rules about the inter-
country assumption of child-rearing and also preserving the identity of the child upon adoption.
The consent of children during assumption should be highly valued as this is a service to them
and not the adopters. Adoption should not be considered as a provision of the interests of the
adoptive parents since it's carried out to help a child acquire stable upkeep. Most of the
regulations in the Tsunami Special Provisions Act 2005 regarding adoption are similar to those
contained in other adoption ordinances in Sri Lanka.
References
Gaffney-Rhys, R. (2016). Concentrate Questions and Answers Family Law. Oxford University
Press.

Polikoff, N. D. (2009). A mother should not have to adopt her own child: Parentage laws for
children of lesbian couples in the twenty-first century. Stan. JCR & CL, 5, 201.
Bartholet, E. (1993). International adoption: Current status and future prospects. The Future of
Children, 89-103.
Parkinson, P. (2003). Child protection, permanency planning and children's right to family
life. International Journal of Law, Policy and the Family, 17(2), 147-172.
Riggs, D. W., & Augoustinos, M. (2009). Institutional stressors and individual strengths: Policy
and practice directions for working with lesbian and gay foster carers. Practice: Social Work in
Action, 21(2), 77-90.
O'halloran, K. (2006). The politics of adoption. Dordrecht: Springer.
Kimball, C. E. (2004). Barriers to the successful implementation of the Hague Convention on
Protection of Children and Co-operation in Respect of Intercountry Adoption. Denv.J. Int'l L.
&Pol'y, 33, 561.
Carlson, R. R. (1994). The Emerging Law of Introductory Adoptions: An Analysis of the Hague
Conference on Intercountry Adoption. Tulsa LJ, 30, 243.
Samuels, E. J. (2004). Time to Decide-The Laws Governing Mothers' Consents to the Adoption
of Their Newborn Infants. Tenn. L. Rev., 72, 509.
Kane, S. (1993). The movement of children for international adoption: An epidemiologic
perspective. The Social Science Journal, 30(4), 323-339.
Selman, P. (2002). Intercountry adoption in the new millennium; the``quiet
migration''revisited. Population research and policy review, 21(3), 205-225.
Friedmann, W. (1959). Law in a changing society.Unit of California Press.
Triseliotis, J. P. (Ed.). (1980). New developments in foster care and adoption.Routledge.

Murphy, K., Quartly, M., & Cuthbert, D. (2009). “In the Best Interests of the Child”: Mapping
the (Re) Emergence of Pro‐Adoption Politics. Journal of Politics & History, 55(2), 201-218.
Masson, J. (2001). Intercountry adoption: A global problem or a global solution. Journal of
International Affairs, 141-166.
Carro, J. L. (1994). Regulation of intercountry adoption: Can the abuses come to an
end. Hastings Int'l & Comp. L. Rev., 18, 121.
Owen, A. (2007). Using legislation to protect against unethical conversions in Sri Lanka. Journal
of Law and Religion, 22(2), 323-351.
De Silva, W. (1981).Some cultural and economic factors leading to neglect, abuse and violence
in respect of children within the family in Sri Lanka. Child Abuse & Neglect, 5(4), 391-405.