The Child Adoption Resource Authority (CARA), a statutory body connected to the Ministry of Women & Child Development, acts as the control centre for adoption of Indian children. This body has experienced a significant rise in registered prospective parents in the past four years, from approximately 18,000 in 2017 to 27,939 as of December 2021.
Despite this interest in adoption, India has noted a dramatic shortfall in the number of children legally free for adoption. Out of an estimated 3.1 crore orphans, only 2,430 children are available, which has subsequently led to longer waiting times for adoption (now three years on average).
Review of Guardianship and Adoption Laws
The Parliamentary Standing Committee on Personnel, Public Grievances and Law and Justice recently released a review report, recommending district-level surveys to identify orphaned and abandoned children. The purpose of these surveys should not be to place more children in adoption due lack of parents, but to ensure that no child is left without proper care and protection.
Poor Child Care and Related Issues
Undeniable evidence was found of children in non-optimal conditions, with many experiencing neglect and abuse from their own parents. The report calls for a shift in focus to children’s rights over basic needs, including safe and functional living conditions, instead of focusing exclusively on food and shelter.
The process and regulations of adoption in India
Adoption in India is a formal process through which a child is permanently separated from biological parents and legally becomes a child of the adoptive parents. The adopted child enjoys all rights, privileges and responsibilities that a biological child would.
The Hindu Adoption and Maintenance Act, 1956 specifically allows Hindu parents to adopt another Hindu child. The Juvenile Justice Act, 2015 includes provisions for the adoption of orphaned, abandoned or surrendered children.
Challenges in the Adoption Process
Despite the rising number of prospective adoptive parents, the number of children available for adoption remains low. Between 2017 and 2019, there has been an unusual number of adoptive parents returning children after adoption.
60% of all children returned were girls, 24% were children with special needs, and many of them were older than six years old. Only 40 children with disabilities were adopted between 2018 and 2019, making up approximately 1% of the total number of children adopted that year. Reports have surfaced of manufactured orphans being trafficked for adoption purposes, a consequence of the limited pool of adoptable kids.
The Right to Parenthood for LGBTQ+ Individuals
Indian law still views the ‘ideal’ family as a heterosexual couple with children. As a result, individuals identifying as LGBTQ+ face legal obstructions when wanting to become parents through adoption. This has led to an increase in illegal adoptions within queer communities.
A Child-Centric Approach to Adoption
There is a growing need to shift the focus of the Adoption Ecosystem from a parent-centric view to a child-centric perspective. It should aim towards creating an environment of acceptance, growth, and well-being. The processes involved in adoption need to be reviewed and simplified to alleviate some of the difficulties faced by prospective parents.
