The Adoption (First Amendment) Regulations, 2021, introduced in India, have brought about significant responsibilities for Indian diplomatic missions abroad concerning the welfare of adopted children. This amendment is designed to ensure that the well-being of children adopted from India is continuously monitored and supported, even when they move to foreign countries with their adoptive parents. The new rules require parents to keep Indian diplomatic missions informed about their movements with an adopted child, reinforcing the commitment to child welfare beyond Indian borders.
Responsibilities of Indian Diplomatic Missions
Under the Adoption (First Amendment) Regulations, 2021, Indian diplomatic missions now have a pivotal role in safeguarding the interests of adopted children. These missions are tasked with carrying out all duties associated with the Adoption Regulations, 2017, which include overseeing the post-adoption welfare of the child. The diplomatic missions act as a bridge between the adoptive parents and Indian authorities, ensuring that the adopted children’s rights and needs are not compromised after they leave Indian territory.
New Rules for Parents with Adopted Children
The amendment has laid down specific protocols for adoptive parents to follow when they relocate to a foreign country within two years of the adoption. It is mandatory for these parents to inform the respective Indian missions about their departure from India and subsequent arrival in the foreign country at least two weeks in advance. This advanced intimation allows the diplomatic missions to prepare for any necessary follow-up actions to monitor the child’s well-being and to offer support to the family as needed.
Regulatory Framework: Juvenile Justice Act and CARA
The new regulations have been formulated under the framework of the Juvenile Justice (Care and Protection of Children) Act, 2015. This act provides the legal basis for the protection, treatment, and rehabilitation of children in need of care and protection. The Central Adoption Resource Authority (CARA), a statutory body operating under the Ministry of Women and Child Development, is responsible for overseeing the adoption process in India. CARA ensures that all adoptions are made in the best interest of the child, adhering to established procedures and safeguards.
Role of the Central Adoption Resource Authority
CARA plays a critical role in the adoption process by regulating and monitoring the adoption of Indian children. It also deals with inter-country adoptions according to the standards set by the Hague Adoption Convention, of which India is a signatory. With the introduction of the Adoption (First Amendment) Regulations, 2021, CARA’s responsibilities extend to coordinating with Indian diplomatic missions to protect the welfare of adopted children globally.
Impact on Adoptive Families
The new regulations necessitate adoptive families to be more diligent in planning their international relocations. They must maintain clear communication with Indian diplomatic missions and adhere to the specified notification timelines. This ensures that families are aware of their obligations and that the adopted children continue to receive attention and care from Indian authorities, regardless of their geographic location.
Ensuring Child Welfare Across Borders
The Adoption (First Amendment) Regulations, 2021, underscore India’s commitment to child welfare, transcending its national boundaries. By involving Indian diplomatic missions in the post-adoption process, India reinforces its dedication to safeguarding the rights and interests of its children worldwide. This approach reflects a proactive stance in ensuring that the adopted children grow up in a nurturing environment, irrespective of where they live.
