Abduction of Infants and Illegal Adoption of Abducted Infants and Its Legal Situation on Adoption Laws in Sri Lanka

Abstract

Rights of the child has become more irrefutable moral phenomenon of out of the human rights system. Orphans or children, whose parents cannot support them, can be adopted under procedure laid down by the Adoption Ordinance in Sri Lanka No 24 of 1941 and Convention on Rights of Child, 1989. Adoption law always expects the best interest of the child and protect the child���??s welfare and security. However, in the Sri Lankan society abduction of infants and illegal adoption exists as a hidden crime which does not report mostly. It has been reported several cases on infant abduction, which shows that has become a burning issue. This research is basically discussed under two aspects, which is infant abduction and illegal adoption of the abducted infants. The issue is discussed along with the adoption laws in Sri Lanka. This study intends to critically evaluate the contemporary national laws in Sri Lanka regarding child adoption. The main objectives of this research is to identify the loopholes of the existing laws relating to the issue of infant abduction and illegal adoption. It is also intended to propose suggestions to the prevailing law to reduce infant abduction and illegal adoption. Further it was identified that it is necessary to have more legal provisions to curb this crime. Furthermore this study also suggests that there should be adequate regulations at the hospitals to prevent such threats of abducting infants. Research methodology is largely based on qualitative approach which analyses the contemporary national legislations and relevant documentary sources from books, journals, and websites relating to this area. Further, this research extensively examines the decided case laws of national and international arena and they have been analysed, compared and criticized.