Catholic Orphanages In India End Adoption Services In Protest Over New Government Policies

Catholic Review and CNS reported this week that in India, the Missionaries of Charity-- a religious order that operates orphanages across the country-- will no longer offer children for adoption because of its disagreement with new government adoption guidelines.  The organization, founded by Mother Teresa, is asking the government to remove recognition of the 18 of its orphanages that have operated as adoption centers.  Traditionally they have allowed adoption only by married couples.  At issue are guidelines from the federal Ministry of Women and Child Development adopted in July that now require adoption centers to allow adoption by single individuals, apparently including unmarried adults in same-sex relationships, couples living together, and individuals who are divorced or separated. (Under the guidelines, single men  can only adopt boys.)  The Catholic order also objects that potential adoptive parents will be allowed to review the files of up to six children rather than taking the best match as determined by orphanage officials. The new government guidelines are designed to increase the number of adoptions.

Michigan Governor Signs Bills Protecting Faith-Based Adoption Agencies; ACLU Vows Challenge

On Thursday, Michigan Governor Rick Snyder signed (press release) three companion bills assuring that faith-based agencies providing foster care and adoption services are protected in refusing to place children under circumstances that conflict with the agency's sincerely held religious beliefs contained in a written policy, statement or faith, or other document adhered to by the agency. Under the bills, the state may not refuse funds for services to agencies that refuse such placements.  If an agency refuses to provide services on religious grounds, it must either refer the applicant to another agency or to a website listing other child placement agencies.  In signing HB 4188, 4189 and 4190, the governor said that the bills "do not change current practices in Michigan, but prevent faith-based agencies from having policies forced on them that violate their religious beliefs, which have resulted in agencies closing in Massachusetts, Illinois, California, and Washington, D.C."

Responding to the Governor's action, the ACLU on Thursday issued a statement (full text) reading in part:

We’re deeply disappointed that Governor Snyder signed this dangerous legislation. We are developing a lawsuit with our Muslim, Jewish, Christian and LGBTQ partners. We encourage any family looking to adopt or foster children who believe they will be adversely affected by this law to contact us immediately.

MLive reporting on developments says that together Catholic Charities and Bethany Christian Services together provide 25% to 30% of foster care adoptions in the state.

Virginia Governor Says Same-Sex Married Couples Can Now Adopt

Last week, Virginia's Department of Social Services (at the direction of Governor Terry McAuliffe) issued a Bulletin (full text) to its local offices informing them that court decisions legalizing same-sex marriage mean that now married same-sex couples are eligible to adopt children under Va. Code Sec. 63.2-1225. Same-sex couples in civil unions or domestic partnerships (rather than marriages) are not eligible to adopt. Reporting on the Governor's action, Metro Weekly yesterday said that, according to the ACLU, married same-sex couples with children born before same-sex marriage was legalized on Oct. 6, 2014 should be able to get an amended birth certificate listing both spouses as a legal parent.  A same-sex spouse should now also be able to adopt a spouse's child so long as the child does not have another legal parent.

Utah Supreme Court Stays Orders On Birth Certificates For Adoptees of Same-Sex Parents

According to AP and a release from the Utah Attorney General's Office, the Utah Supreme Court on Friday night issued a stay of several state trial judges' orders that required the Utah Department of Health to issue birth certificates in same-sex parent adoptions.  The stay came in response to a Petition for Emergency Relief filed by the Attorney General's office seeking clarification as to whether the trial court orders violate other provisions of Utah law that prohibit the state from recognizing same-sex marriages. Those provisions remain in effect while federal constitutional challenge to the ban on same-sex marriage is being appealed. (See prior posting.) Friday's state Supreme Court stay remains in effect until the issue of recognizing same-sex parent adoptions is resolved by the state Supreme Court.

India's Supreme Court Says Country's Adoption Law Applies To Muslims

In Hashmi v. Union of India, (Sup. Ct. India, Feb. 19, 2014), a 3-judge panel of the Supreme Court of India held that the Juvenile Justice (Care And Protection of Children) Act, 2000 (background), allows a parent of any religion to adopt an eligible child. The Court described the Juvenile Justice Act as a "small step" toward a uniform Civil Code envisioned by Art. 44 of the Indian Constitution. The Court rejected the argument of the All India Muslim Personal Law Board that Child Welfare Committees should follow the principles of Islamic law before declaring a Muslim child available for adoption. Islamic law recognizes the Kafala system under which a child in need remains a descendant of its biological parents even though it is placed under the care of others. Because of these differing views on adoption, however, the court refused to declare adoption a fundamental right under Art. 21 of the Indian Constitution. Calcutta's The Telegraph reports on the decision.

Scottish Appeals Panel Upholds Catholic Agency's Adoption Criteria

In St. Margaret's Children and Family Care Society v. Office of the Scottish Charity Regulator, (SCAP, Jan. 31, 2014), the Scottish Charity Appeals Panel overturned the decision of the Office of the Scottish Charity Regulator that had directed a Catholic adoption agency to end its adoption placement preference for Catholic couples who have been married for at least two years and its placing on low preference non-Catholics and same-sex couples (since they can only enter civil partnerships). The Appeals Panel held that the agency is a religious organization that can assert its, and its members, right to freedom of religious expression under Art. 9 of the European Convention on Human Rights. Discussing application of the Equality Act, the Appeals Panel said:

The Panel has decided that there is indirect discrimination but that indirect discrimination is allowed in terms of The Equality Act because it is a proportionate means of achieving a legitimate aim. The Panel found both the charities exception and the religious exception as contained in The Equality Act to apply....

BBC News reports on the decision. Law & Religion UK blog discusses the opinion at greater length.