Adoption in India

The Ministry of Women and Child Development recently brought attention to the substantial backlog of adoption cases in Maharashtra, where there are currently 329 cases awaiting resolution, making it the state with the highest number of pending adoption cases in India.

What is the Status of Child Adoption in India?

About

Adoption is a legal and emotional process that involves assuming the responsibility of caring for a child who is not biologically related to the adoptive parents.
In India, the process of adoption is overseen and regulated by the Central Adoption Resource Authority (CARA), which operates under the Ministry of Women and Child Care.
CARA serves as the nodal body for the adoption of Indian children and is responsible for monitoring and regulating in-country adoptions.
Additionally, CARA is designated as the Central Authority to handle inter-country adoptions in accordance with the provisions of the Hague Convention on Intercountry Adoption, 1993, which was ratified by the Government of India in 2003.

Adoptions in India are regulated by two laws: the Hindu Adoption and Maintenance Act, 1956 (HAMA) and the Juvenile Justice Act, 2015.
Each law has its specific eligibility criteria for prospective adoptive parents.
Applicants under the Juvenile Justice Act must register on CARA’s portal and undergo a home study report conducted by a specialized adoption agency.
If found eligible, the applicant is referred to a child who has been declared legally free for adoption.
Under HAMA, adoptive parents can obtain irrevocable adoption rights through a “dattaka hom” ceremony, an adoption deed, or a court order.
Hindus, Buddhists, Jains, and Sikhs are eligible to adopt children under the Hindu Adoption and Maintenance Act.

Recent Development

The Parliament passed the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021 to amend the Juvenile Justice Act (JJ Act), 2015.
One of the key changes introduced by the amendment is the authorization of District Magistrates and Additional District Magistrates to issue adoption orders under Section 61 of the JJ Act.
Previously, the adoption of a child was deemed final only upon the issuance of an adoption order by the civil court, as per the JJ Act 2015.
The Ministry of Women and Child Development introduced the Adoption Regulations-2022, aimed at streamlining the adoption process.
Under the new regulations, District Magistrates (DMs) and Child Welfare Committees are directed to upload adoption orders and case status in real-time.
Since the implementation of the Adoption Regulations-2022, DMs nationwide have issued 2,297 adoption orders, successfully resolving a significant number of pending adoption cases.

What are the Major Challenges Related to Adoption in India?

Lengthy and Complex Adoption Process: The adoption process in India is often lengthy, bureaucratic, and complex, causing significant delays in placing children with suitable families.
Statistics from CARA highlight the extent of the issue, with over 30,000 prospective parents currently waiting to adopt, while only a small fraction, approximately 7% (2131 children), are legally free for adoption.
Illegal and Unregulated Practices: Unfortunately, India also grapples with instances of illegal and unregulated adoption practices, such as baby trafficking, child-selling, and the operation of unregistered adoption agencies that exploit vulnerable children and biological parents.
In 2018, the Missionaries of Charity in Ranchi faced allegations of involvement in a “baby-selling racket” after a nun confessed to selling four children from the shelter.
Returning Children after Adoption: Another concerning issue is the increasing number of adoptive parents returning children after the adoption process.
CARA reported that over 1,100 children adopted across the country were returned to child care institutions by their adoptive parents in the last five years, raising concerns about the stability and suitability of adoptive placements.

Way Forward

Strengthening Adoption Laws: Adoption laws need to be reviewed and updated to simplify the process, increase transparency, and prioritize the best interests of the child. This involves reducing paperwork, addressing delays, and clarifying any ambiguities or loopholes in the current legislation.
Post-Adoption Services: Comprehensive post-adoption support services should be established to assist both adoptive parents and adopted children. This includes providing counselling, educational support, access to healthcare, and guidance to help families navigate any challenges that may arise after adoption.
Awareness and Education: Promoting awareness about adoption as a viable option for building families is essential. This entails educating the public about the benefits, procedures, and legal aspects of adoption. It also involves fostering positive attitudes towards adoption and dispelling any misconceptions or stigma associated with it.

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