This article reports on an important amendment to India’s adoption regulations, released by Indian diplomatic missions overseas. Primarily, the new rules stipulate that Indian diplomatic missions will be responsible for safeguarding adopted children whose parents relocate outside of India within the first two years following the adoption.
New Responsibilities Placed on Indian Diplomatic Missions
Previously, the role of Indian diplomatic missions in inter-country adoptions was largely confined to cases involving Non-Resident Indians (NRIs), Overseas Citizens of India (OCI), or foreign parents. However, the new regulations expand their responsibility to include children adopted by all parents who subsequently move abroad.
The Adoption (First Amendment) Regulations, 2021: Changes and Additions
This recent amendment, known formally as the Adoption (First Amendment) Regulations, 2021, significantly modifies the Adoption Regulations put forth in 2017. Notably, the update is in line with the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016).
The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, aims to bolster and streamline the procedures surrounding child protection and adoption. According to this revised act, District Magistrates, including Additional District Magistrates, will now be responsible for issuing adoption orders instead of the courts.
Central Adoption Resource Authority (CARA)
The Central Adoption Resource Authority (CARA), a statutory body under the Ministry of Women & Child Development, formulated this amendment. The organization functions as the main entity for Indian children’s adoption and oversees and regulates both in-country and inter-country adoptions.
Why these Regulations are Necessary
The revision of adoption regulations came about because of specific incidents where adopted Indian children were taken overseas by their adoptive parents. The children thereby fell outside the purview of both Indian authorities and Indian Missions based overseas. These cases highlighted the vulnerability of such children, exposing them to potential neglect, exploitation, maltreatment or abuse.
Current Duties of Indian Diplomatic Missions
Presently, Indian diplomatic missions are required to submit progress reports on an adopted child every quarter during the first year, and then every six months in the second year post-adoption. These reports are intended to help central authorities ensure the protection of Indian origin children adopted by NRIs, OCIs or foreign parents. In the event of a disrupted adoption, foreign missions are tasked with providing necessary assistance and facilitating the child’s repatriation if required.
Eligibility Criteria for Adoption under the 2017 Adoption Regulations
The Adoption Regulations, 2017, lay out specific conditions for Prospective Adoptive Parents (PAPs). PAPs must be demonstrably stable—physically, mentally and emotionally—and financially capable. They should not have any life-threatening medical condition. Marital status and the presence of biological children do not affect an individual’s eligibility to adopt. However, single males are ineligible to adopt female children. For married couples, both spouses must consent to the adoption. Furthermore, the couple must have had at least two years of a solid marital relationship. Families with three or more children cannot adopt unless they wish to adopt special needs children, hard-to-place children, or seek relative adoption or adoption by step-parents.
