Child adoption in India is a legal and emotional process that involves accepting the responsibility of caring for a child who is not biologically related to the adoptive parents. The adoption scenario in India has been recently highlighted by the Ministry of Women and Child Development due to a significant backlog of adoption cases, especially in Maharashtra, and confusion caused by changes in legislation.
The Central Adoption Resource Authority (CARA)
The process of adoption is monitored and regulated by CARA, which is a part of the Ministry of Women and Child Care. It is the nodal body for adoption of Indian children and is responsible for ensuring the smooth progression of in-country adoptions. Additionally, it serves as the Central Authority for inter-country adoptions, as per the Hague Convention on Intercountry Adoption, 1993, ratified by the Government of India in 2003.
Adoption Laws in India
Adoption in India comes under two laws: the Hindu Adoption and Maintenance Act, 1956 (HAMA) and the Juvenile Justice Act, 2015. Each one has separate eligibility criteria for prospective parents. As per the JJ Act, applicants must register on CARA’s portal, after which a specialised adoption agency carries out a home study report. Under HAMA, a “dattaka hom” ceremony or an adoption deed or a court order grants irrevocable adoption rights. Hindus, Buddhists, Jains, and Sikhs can legally adopt under this Act.
Recent Developments
In 2021, the Parliament passed the Juvenile Justice (Care and Protection of Children) Amendment Act to revise the Juvenile Justice Act (JJ Act), 2015. It authorized District Magistrates and Additional District Magistrates to issue adoption orders. The Ministry of Women and Child Development introduced the Adoption Regulations-2022 to provide real-time updates on adoption orders and case status. Since its implementation, 2,297 adoption orders have been issued, which have resolved a significant portion of pending cases.
Major Challenges
The adoption process in India is often described as lengthy and complex due to bureaucratic hurdles, which can delay the placement of children with suitable families. CARA states that while over 30,000 prospective parents are currently waiting to adopt, less than 7% of children — 2131— are legally free for adoption. There are also instances of illegal and unregulated adoption practices, including baby trafficking and child-selling.
Way Forward
To overcome these challenges, there is a need to revise and update adoption laws to make the process more transparent and ensure the child’s best interests. This involves simplifying paperwork, reducing delays, and eliminating loopholes in existing legislation. In addition, establishing comprehensive post-adoption support services can assist adoptive parents and adopted children in managing any challenges they encounter after adoption. Promoting awareness about adoption and its benefits, procedures, and legal aspects can encourage positive attitudes towards adoption and help dispel any misconceptions or stigma associated with it.
