What’s in Today’s Article?

• Background
• Adoption in India (Legal definitions, provisions, CARA, who can adopt, who can be adopted)
• Conclusion

Background:

• Of the 18,179 adoptions recorded since 2019, only 1,404 involved children with special needs even as the absolute numbers of adoptions saw an increase over the next five years, according to official data.
• Though the number of children with special needs for adoption has risen, the adoption rate is still significantly low, activists pointed out.

What is Adoption in legal terms?

• Adoption is the formal process through which a child is permanently separated from his biological parents to become the lawful child of his adoptive parents.
• The adopted child enjoys all rights, privileges and responsibilities attached to a biological child.

Legal Provisions w.r.t Adoption in India:

• In India, two legislations deal with the adoption of a child:
  • The Hindu Adoption and Maintenance Act, 1956 (HAMA)
  • The Juvenile Justice (Care and Protection of Children) Act, 2015
    • This includes Juvenile Justice (Care and Protection of Children) Model Rules, 2016 and Adoption Regulations, 2017.
  • The fundamental principles that govern adoption state that –
    • Interests of the child are most important and
    • Preference is to be given to place the child in adoption with Indian citizens with “due regard to the principle of placement of the child in his socio-cultural environment, as far as possible”.
  • CARA functions as the nodal agency for adoption in India.
  • A database of children and registration of prospective parents is done on a centralised Child Adoption Resource Information and Guidance System (CARINGS), which is maintained by CARA.

About Central Adoption Resource Authority (CARA):

• CARA is a statutory body established under the Juvenile Justice (Care and Protection of Children) Act, 2015.
• CARA functions as the nodal body for adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions.
• It primarily deals with adoption of orphan, abandoned and surrendered children through its associated/recognised adoption agencies.
• CARA is designated as the Central Authority to deal with inter-country adoptions in accordance with the provisions of the Hague Convention on Inter-country Adoption, 1993.

Who can be Adopted?

• An orphan, abandoned, or surrendered child who has been declared legally free for adoption by the Child Welfare Committee (CWC) can be adopted.
  • This only happens under the provisions of the JJ Act 2015.
• A child of a relative — paternal uncle or aunt, a maternal uncle or aunt or paternal and maternal grandparents — can be adopted.
• According to CARA, children of the spouse from earlier marriage surrendered by the biological parent(s) can also be adopted by the step-parent.

Who can Adopt?

• The Ministry of Woman and Child Development states that irrespective of marital status and whether or not they have a biological son or daughter, a person can adopt if:
  • The prospective adoptive parent (PAP) is physically, mentally stable, financially capable and should not have any life-threatening medical condition,
  • In the case of a married couple, two years of stable marital relationship and consent of both spouses are required for adoption.
  • While a single woman can adopt a child of any gender, a single male is not eligible to adopt a girl child.
  • The minimum age difference between the child and either of the prospective adoptive parents should not be less than 25 years.
  • Couples with three or more children are not considered except in the case of adoption of children with special needs or hard-to-place children.

Reasons Behind Low Level Adoption in India:

• India has a significant number of orphaned and abandoned children living in Child Care Institutions (CCIs), yet the adoption rates remain low.
• Despite over 28,000 prospective parents registered with the CARA, only about 2,200 children are legally available for adoption. This discrepancy is due to several factors.
• Lengthy and Exhausting Process:
  • Many prospective parents face years of waiting with no assurance of when they will be able to adopt.
  • The process is emotionally draining, with little communication from CARA, leading to frustration and disappointment.
• Systemic Delays:
  • The journey from finding an orphaned child to placing them in an adoptive home involves multiple steps, including legal formalities that can take years to complete.
  • Even after being identified, many children in CCIs do not make it to the adoption pool due to incomplete paperwork or other procedural delays.
• Social and Cultural Barriers:
  • Historically, Indian society has been resistant to adoption due to social issues like caste, class, and genetics.
  • However, the growing number of prospective adoptive parents indicates a shift in societal attitudes, with more people now embracing adoption as a way to build a family.
• Special Needs and Older Children:
  • A significant challenge is the adoption of older children, siblings, and those with disabilities.
  • These categories often remain unadopted in India, although foreign adoptive parents are more open to adopting children with special needs.

Conclusion:

• While there is an increasing awareness and acceptance of adoption in India, the process remains fraught with delays and systemic issues that need urgent reforms.
• Ensuring timely legal procedures, better communication, and a more inclusive approach to adoption can help address these challenges and provide homes for many more children.