Adoption in India: Finding Families for Children
Adoption offers a beautiful pathway to building families, providing a loving and secure environment for children who have been orphaned, abandoned, or surrendered. In India, the legal framework governing adoption is designed to prioritize the child's welfare and ensure a structured process. This blog delves into the mechanics of adoption in India, highlighting key legal aspects and procedural steps.
The Legal Foundation
The cornerstone of adoption law in India is the Juvenile Justice (Care and Protection of Children) Act, 2015, as amended in 2021. This Act, along with the Adoption Regulations, 2017, formulated by the Central Adoption Resource Authority (CARA), provides a comprehensive framework. CARA itself is the central body responsible for regulating and monitoring both in-country and inter-country adoptions, ensuring compliance and ethical practices.
Who Can Be Adopted?
A child is considered eligible for adoption if they fall into one of these categories:
- • Orphaned: Children without parents.
- • Abandoned: Children deserted by their biological or adoptive parents or guardians.
- • Surrendered: Children relinquished by their biological parents to the Child Welfare Committee (CWC).
Who Can Adopt?
Prospective Adoptive Parents (PAPs) must meet specific eligibility criteria defined in the Adoption Regulations, 2017. These criteria often include factors like age, marital status, financial stability, and health to ensure they can provide a stable and nurturing environment.
The Adoption Process: Step-by-Step
- 1. Child declared legally free for adoption: The Child Welfare Committee (CWC), after conducting due inquiry, declares the child legally free for adoption. This is a crucial step to establish the child's legal status.
- 2. Registration by PAPs: PAPs register online through the CARA portal, submitting necessary documents to initiate the process.
- 3. Home Study Report: A social worker conducts a "Home Study Report" (HSR) to assess the PAPs' motivation, family environment, and capacity to provide care. This report plays a vital role in determining the suitability of the PAPs.
- 4. Child Study Report: The adoption agency prepares a "Child Study Report," providing detailed information about the child's background, health, and developmental needs.
- 5. Matching: CARA facilitates the matching of the child with suitable PAPs, considering the child's needs and the PAPs' preferences and capabilities.
- 6. Acceptance by PAPs: The PAPs review the Child Study Report and other relevant information and decide whether to accept the child.
- 7. Adoption Order: The District Magistrate plays a critical role by passing the adoption order, granting legal parentage to the PAPs. This was a significant change brought about by the 2021 amendment.
The Pivotal Role of the District Magistrate
The Juvenile Justice Amendment Act, 2021, brought a notable change by shifting the authority to issue adoption orders from the court to the District Magistrate. This change was intended to expedite the adoption process.
Addressing Grievances
The amended act also provides a mechanism for appeals. Any person aggrieved by an adoption order passed by the District Magistrate can file an appeal before the Divisional Commissioner within a specified period.
Core Principles
Throughout the adoption process, the best interest of the child remains paramount. All decisions are guided by what is most beneficial for the child's well-being, safety, and development. Other important principles include ensuring the child's consent (if they are mature enough to understand) and prioritizing in-country adoption before considering inter-country options.
Adoption in India is a legally sound and carefully regulated process aimed at creating permanent, loving families for children in need. By understanding the legal framework and procedural steps, we can better appreciate the significance of adoption in our society.
Adoption under the Hindu Adoptions and Maintenance Act, 1956
The Hindu Adoption and Maintenance Act, 1956, governs adoption among Hindus in India. Unlike the JJ Act, which focuses on the welfare of orphaned, abandoned, and surrendered children, HAMA allows adoption by eligible Hindus seeking to create a family. This Act lays down specific conditions for a valid adoption, including the capacity of the adoptive parents, the eligibility of the child, and the ceremonies involved. HAMA emphasizes the adoptive parents' rights and responsibilities towards the adopted child, equating their status to that of a biological child within the Hindu family.
