Context: The Supreme Court has recently given various directions to facilitate and expedite the legal adoption of parentless and abandoned children in childcare institutions across India. This marks an important step in providing a family environment to vulnerable children.
Adoption Regulations in India
The legal framework governing adoptions in India includes Acts like Juvenile Justice (Care and Protection of Children) Act, 2015, that uphold child rights.
It provides a framework for in-country and inter-country adoption, covering aspects like eligibility norms, procedural safeguards, agencies involved, etc.
Adoption Process in India
- Readiness Assessment: Prospective parents wishing to adopt are counselled and evaluated based on eligibility criteria spanning income, parenting capacity, motivation, etc.
- Matching via Referral: Caseworkers facilitate compatibility assessment between waiting families and adoption referral profiles of children needing homes, considering individual care needs.
- Fostering Period: Following referral acceptance, prospective families undergo a fostering period typically spanning a few meetings, building rapport with the child while observing indications of bonding, acceptance, etc.
- Legal Formalisation: Based on successful adaptation progress during fostering, legal formalities around custody transfer, birth certificate, etc. are completed, often requiring court ratification before the child is officially welcomed into the adoptive family.
- Post-adoption Support: Follow-up support continues to span integration monitoring and counselling access to ensure the child's holistic development within a caring, stable family environment.
Central Adoption Resource Authority (CARA)
- CARA serves as a central body that streamlines and monitors care standards across adoptions as per mandate in the JJ Act.
- CARA regulations stipulate guidelines on eligibility criteria, referral, matching, and post-adoption protocols.
- It primarily facilitates adoptions of orphaned, abandoned, or surrendered children through recognised agencies.
Domestic vs Inter-Country Adoptions
- Indian families are preferred for placements, and NRI, OCI, and PIO cardholders also get priority compared to foreign nationals during referrals.
- Inter-country adoptions require additional clearances from a central authority and immigration formalities for Child visas, etc. Both adoption types follow the same screening and counselling protocols.
Institutional Framework
Specialised Adoption Agencies (SAAs) facilitate legal adoptions with CARA oversight and adherence to regulations and timeframes while protecting child rights. Various SAA models exist-
- Government agencies like State Adoption Resource Agencies
- Voluntary or private institutions recognised by CARA
- Public sector agencies like the Central Social Welfare Board
District Child Protection Units serve as local implementing bodies for welfare schemes and drive the creation of vital village-level child protection structures like Foster Care Committees.
Recent Supreme Court directions
Bi-Monthly Drives: The court has ordered bi-monthly drives starting December 2023 for District Child Protection Units to trace orphaned, abandoned, and surrendered children across all childcare institutions.
- A special focus will be on children with unfit parents or uncertain legal status.
Identifying Children with Unfit Guardians: The court defines an “unfit guardian.” This term applies to several types of people.
- They may neglect or refuse to care for a child.
- Some may use drugs or alcohol.
- Others might have abused or neglected the child, including those with criminal records.
- It covers people who need care for themselves.
- Finally, it includes those with mental health issues.
Reporting to Authorities: It has mandated collating adoption data and forwarding it to the Central Adoption Resource Authority (CARA) under the WCD ministry by January 2024.
CARA shall facilitate suitable family placement for these children. The court also emphasised teamwork between districts and departments.
- These directions translate into binding obligations across states to locate adoptable children, determine eligibility, maintain updated records and ensure CARA linkage under the oversight of dedicated cadres like child protection officers, special juvenile police units, etc.
Challenges
Despite robust frameworks, adoption processes encounter multiple challenges:
- Tedious Legal Formalities: Exhaustive paperwork and court procedures often lead to attrition of prospective parents in the adoption process pipeline. Streamlining legal aspects is vital.
- Shortage of babies/young children: A high demand-supply skew exists for healthy infants/toddlers amid prevalent societal prejudices.
- Most adoptable children tend to be older and have moderate special needs. Addressing mindset issues is crucial.
- Infrastructure Constraints: Resource limitations and staff shortcomings affect monitoring capacity for post-adoption follow-ups by agencies as existing personnel juggle varied work portfolios.
- Lack of Awareness: Limited adoption literacy among the public, including myths linking infertility or sociocultural barriers, affects uptake. Sensitisation outreach must be boosted.
Way-forward
- Address Legal Complexities: Simplify procedures, digitise records to expedite processing while retaining safeguards, and make court processes child-friendly avoiding intimidating environments. Set time-bound frameworks at each step.
- Expand System Capacities: Build state/district level formal networks of foster families and kinship caregivers through sensitization to accommodate younger or special needs children until permanent families are identified. Set up more Specialised Adoption Agencies.
- Enhance Monitoring: Quality enhancement mechanisms for Child Care Institutions, including mandatory licensing and annual grading on indicators like resource availability and child protection norms compliance, are critical.
- Robust post-adoption tracking systems are also needed.
- Awareness Drives: Grassroots campaigns involving local leaders, prominent adoptive parents, etc. can accentuate community awareness of adoption opportunities and address stigma barriers currently deterring prospects.