Child Adoption in India: Challenges, Progress, and the Path Forward

Child adoption in India is a legal and emotional process that brings together children in need of a loving home and prospective parents willing to provide one. However, the adoption landscape in the country is fraught with challenges, including lengthy and complex procedures, illegal practices, and the need for reform. This article delves into the current status of child adoption in India, the major challenges it faces, recent developments, and suggests a way forward.

Status of Child Adoption in India

Child adoption in India is governed by two primary laws: the Hindu Adoption and Maintenance Act, 1956 (HAMA) and the Juvenile Justice Act, 2015 (JJ Act). The Central Adoption Resource Authority (CARA) is the central body responsible for monitoring and regulating in-country and inter-country adoptions.

Under HAMA, Hindus, Buddhists, Jains, and Sikhs are legalized to adopt children. This act provides relatively straightforward procedures for adoption. On the other hand, the JJ Act has more complex eligibility criteria for adoptive parents, requiring registration on CARA's portal and a home study report by a specialized adoption agency.

Recent Developments

In January 2023, the Bombay High Court issued a directive that caused confusion in the adoption process. It instructed the state government not to transfer pending adoption proceedings to District Magistrates, as mandated by the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021. This raised concerns about the potential hindrance to progress in resolving adoption cases.

However, there have been positive developments as well. The Adoption Regulations-2022, introduced by the Ministry of Women and Child Development, aimed to streamline the adoption process. District Magistrates (DMs) and Child Welfare Committees were instructed to upload adoption orders and case status in real time. Since the implementation of these regulations, 2,297 adoption orders have been issued by DMs nationwide, making significant progress in resolving pending cases.

Major Challenges Related to Adoption in India

1. Lengthy and Complex Adoption Process:-The adoption process in India can be excessively bureaucratic and time-consuming. Data from CARA indicates that over 30,000 prospective parents are currently waiting to adopt, while only 2,131 children are legally free for adoption. Moreover, around two-thirds of these children have special needs, and it takes an average of three years for the adoption process to be completed.

2. Illegal and Unregulated Practices:-There have been disturbing instances of illegal adoption practices in India, including baby trafficking and child-selling. Unregistered adoption agencies have exploited vulnerable children and biological parents. Notably, in 2018, Mother Teresa's Missionaries of Charity faced allegations of a "baby-selling racket."

3. Returning Children after Adoption:- India has seen a troubling trend of adoptive parents returning children after adopting them. In 2020, CARA reported that over 1,100 children adopted across the country had been returned to child care institutions by their adoptive parents in the last five years.

The Way Forward

1. Strengthening Adoption Laws:-India needs to review and update adoption laws to streamline the process, making it more transparent and efficient. This could involve simplifying paperwork, reducing delays, and addressing any ambiguities or loopholes in the existing legislation.

2. Post-Adoption Services:-Comprehensive post-adoption support services should be established to assist both adoptive parents and adopted children. These services might include counseling, educational support, access to healthcare, and guidance for managing challenges that may arise during the adoption journey.

3. Awareness and Education:-Promoting awareness about adoption as a viable option for building families is crucial. This includes educating the public about the benefits, procedures, and legal aspects of adoption. It's essential to encourage positive attitudes towards adoption and dispel misconceptions or stigma associated with it.

Conclusion

Child adoption in India is a critical process that provides children with loving homes and prospective parents with the opportunity to build families. However, several challenges, including a complex process and illegal practices, need to be addressed. Recent developments, such as the Adoption Regulations-2022, show promise, but there is a pressing need for further reform to ensure that the best interests of the child are upheld throughout the adoption journey.