In recent developments, the Supreme Court has consented to hearing a plea that aims to simplify the legal process for child adoption in the country. This comes after the Adoption (First Amendment) Regulations of 2021 which permitted Indian diplomatic missions abroad to oversee the welfare of adopted Indian children whose parents have moved overseas within two years after adoption.
Issues Related to Child Adoption in India
Several obstacles persist that complicate child adoption in India. The most prominent issue is the substantial gap between adoptable children and prospective adoptive parents, resulting in an extended adoption process. More than 29,000 prospective parents are waiting to adopt, but there are only 2,317 children available for adoption.
The Central Adoption Resource Authority (CARA)
Between 2017 and 2019, CARA – a statutory body of the Ministry of Women & Child Development responsible for regulating adoptions – encountered an unusual surge in adoptive parents returning adopted children. According to their data, 60% of those returned were girls, 24% had special needs, and many were older than six.
Disability and Adoption
In India, adopting children with disabilities remains a challenge. Between 2018 and 2019, only 40 such children found homes, accounting for approximately 1% of total adoptions. These figures showcase a yearly decline in domestic adoptions of children with special needs.
Child Trafficking and Illegal Adoptions
The year 2018 saw Ranchi’s Mother Teresa’s Missionaries of Charity under scrutiny for alleged child trafficking. The pool of children available for adoption is shrinking while the number of prospective parents on the waitlist is rising, leading to unlawful adoptions and child trafficking incidents skyrocketing during the pandemic.
LGBTQ+ Parenthood and Reproductive Autonomy
Despite evolving societal norms, the traditional Indian family structure is still predominantly heterosexual. Obstacles arise for LGBTQI+ individuals wishing to adopt due to legalities requiring proof of marriage. As a result, illegal adoptions are becoming increasingly common among queer communities.
Indian Adoption Laws
Adoptions in India are governed by the Hindu Adoptions and Maintenance Act (HAMA) 1956, and the Juvenile Justice (Care and Protection of Children) Act 2015 (JJ Act). Until the JJ Act came into effect, only Hindus, Buddhists, Jains and Sikhs were allowed to legally adopt children. Non-Hindu people could only become legal guardians of children from their community under the Guardians and Ward Act (GWA) 1980.
Re-Imagining the Future of Adoption in India
There’s a pressing need for change within the adoption ecosystem in India. The focus should shift from being parent-centric to prioritizing the child’s welfare. Strengthening institutional mandates, adopting an inclusive approach, and simplifying the adoption process itself can make significant strides towards creating an environment that accepts and nurtures every child’s growth. The ministry could also liaise with experts in the field to gain insights about the practical difficulties prospective parents face during the adoption process.
