Adoption and guardianship

A parliamentary panel has recommended conferring equal rights on mothers as guardians under the Hindu Minority and Guardianship Act (HMGA), 1956.

A Parliamentary panel has also proposed allowing the LGBTQ (Lesbian, gay, bisexual, and transgender) community to adopt children.

To give equal treatment to both mother and father as natural guardians,
as the law violated the right to equality and right against discrimination envisaged under Articles 14 and 15 of the Constitution
Joint custody of children in cases of marital dispute:

The panel says there is a need to relook at child custody which is typically restricted to just one parent where mothers tend to get preference.
It says courts should be empowered to grant joint custody to both parents when such a decision is conducive to the welfare of the child.
New legislation for adoption:
There is a need for new legislation that harmonises the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Hindu Adoptions and Maintenance Act (HAMA), 1956 and that such a law should cover the LGBTQI community as well.

The natural guardian of a Hindu minor in respect of the minor’s person or property “is the father, and after him, the mother.
It provided the custody of a minor who has not completed the age of five years shall ordinarily be with the mother.”
The Muslim Personal Law (Shariat) Application Act, 1937:
The father is the natural guardian, but custody vests with the mother until the son reaches the age of seven and the daughter reaches puberty.

Adoption is the process through which an adopted child is permanently separated from his/her biological parent and becomes the legitimate child of his/her adoptive parent with all rights.
According to Central Adoption Resource Authority (CARA), it is the nodal authority for adoptions in India, there have been more than 3000 legal adoptions annually within and from India.

It streamlined adoption procedures for orphans, abandoned and surrendered children and the existing Central Adoption Resource Authority (CARA) has been given the status of a statutory body to enable it to perform its function more effectively
Central Adoption Resource Authority (CARA):
It is a statutory body of the Ministry of Women and Child Development which functions as the nodal body for adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoption.
State Adoption Resource Agency (SARA):
It acts as a nodal body within the State to promote and monitor adoption and non-institutional care in coordination with Central Adoption Resource Authority.

Low rate of adoption:
In 2010, there were 5,693 in-country adoptions, while in 2019- 2020, there were only 3,351 in-country adoptions.
Children with special needs:

There is a low rate of child adoption, who want special needs.
In 2018-19, only 40 special needs children were adopted by domestic parents.
Skewed perception:
Most Indians have a skewed perception of adoption as they want“their genes, blood and lineage in their child.
Lack of awareness:
As per a Study by the Department of Community Medicine, Armed Forces Medical College in Pune, Only 8% had any knowledge about the legal process of adoption in India.
The law is silent on adoption by LGBTQ people.

The Adoption Regulations, 2017 is silent on adoption by LGBTQI people and neither bans nor allows them to adopt a child.
Activists say LGBTQI people who seek adoption face institutional discrimination because of stigma.
COVID-19 impact

In order to ensure the safety of kids, meetings with prospective parents were postponed during the Covid pandemic.
This has slowed down the adoption process.

Interactions:
Promoting interaction of the kids with the Prospective Adoptive Parents in the early stages of adoption for easier adjustment.
Raising awareness:
Raising awareness among Indian families about adopting special needs, older and hard-to-place children and providing necessary assistance.
Increasing pool of prospective parents:

Enabling eligible homosexual, trans couples and to adopt.
It would help raise the number of children who would adopt.
Adhering to regulations:
Ensuring that all unregistered (Child care Institute) CCIs are working in compliance with the regulations and incompliant CCIs must be closed.

Pic Courtesy: The Hindu

Content Source: The Hindu