In a recent hearing of an NGO-submitted petition, the Supreme Court of India directed the Centre, States, and Union Territories to hasten and streamline the adoption process. This came after the Court expressed concern over the low rate of adoption and high number of children in childcare institutions (CCIs) without permanent families. The Court instructed identifying children with “unfit” parents or guardians, such as those abusing substances or neglectful towards the child, and include them in the adoption pool. States and Union Territories were also ordered to commence a bi-monthly drive for identifying children under the orphaned-abandoned-surrendered (OAS) category in CCIs.
Central Adoption Resource Authority (CARA)
Acting as the statutory body of the Ministry of Women and Child Development, CARA regulates and monitors Indian child adoptions. It primarily handles the adoption of orphan, abandoned, and surrendered children through its recognized adoption agencies. The role of CARA extends to dealing with inter-country adoptions per the Hague Conventions on Inter-Country Adoptions, ratified by the Indian Government in 2003.
Adoption Statistics in India
Despite the high number of orphans, only around 4,000 children are legally adopted each year, according to CARA. There is a significant mismatch observed between the number of prospective adoptive parents (PAPs) and available children for adoption. For instance, as of October 2023, 2,146 children were available for adoption while about 30,669 PAPs registered for in-country adoption. Vastly outnumbered, potential parents wait three to four years to adopt a ‘healthy and young child.’
Challenges in the Indian Adoption Process
The Indian adoption process, governed by the Juvenile Justice (Care and Protection of Children) Act, 2015, is a complex, multi-step process. This includes registration, home study, child referral, and more. The timeline for adoption is influenced by several factors such as the availability of children, parent preferences, the efficiency of authorities, and legal formalities. Other challenges include a high rate of child returns, limited adoption of children with disabilities, child trafficking issues, legal recognition challenges for LGBTQ+ families, societal stigma, lack of awareness, corruption, and litigation.
Benefits of Adoption for Children and Society
Adoption can fill a huge gap in the lives of children without parental care by providing them with a stable family environment. It ensures their holistic development and well-being and contributes to the social and economic development of the country. Adoption can reduce state and societal burdens and pave the way for these children to become responsible citizens.
Recommended Measures
Based on the current scenario and the directions issued by the Supreme Court, proactively identifying unfit parents or guardians in CCIs, enhancing institutional efforts for transitioning to adoptive families, conducting public awareness campaigns about adoption benefits, working closely with international bodies to curb child trafficking, and promoting foster care programs are some workable solutions to improve the present situation.