News Highlight
There is confusion over implementing new adoption rules that require the transfer of adoption petitions from courts to District Magistrates.
Key Takeaway
- Parliament passed the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021, and the corresponding rules came into effect on September 1.
The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021
- Under this bill, the key changes include authorising District Magistrates and Additional District Magistrates to issue adoption orders under Section 61 of the Juvenile Justice (JJ Act) by striking out the word “court”.
Concerns over the bill
- Further delaying the adoption process:
- The revised rules have parents, activists, lawyers, and adoption agencies worried as cases already before courts for the past several months will have to be transferred, and the process will have to start afresh.
The adoption procedure in India
- Adoptions in India are governed by two laws:
- The Hindu Adoption and Maintenance Act, 1956 (HAMA).
- The Juvenile Justice Act, 2015 (JJ Act).
- Both laws have different eligibility criteria for adoptive parents.
- Those applying under the JJ Act must register on Central Adoption Resource Authority (CARA) portal, after which a specialised adoption agency carries out a home study report.
- After it finds the candidate eligible for adoption, a child declared legally free for adoption is referred to the applicant.
- Under HAMA, an adoption deed or a court order is sufficient to obtain irrevocable adoption rights.
Legislative provisions and institutions regarding adoption in India
- The Hindu Adoption and Maintenance Act, 1956:
- It deals with the legal procedure of adoption of children by Hindus and other legal obligations that follow, including maintenance of children, wives, and in-laws.
- Juvenile Justice (Care and Protection of Children Act) 2015:
- It streamlined adoption procedures for orphaned 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.
- The Central Adoption Resource Authority (CARA):
- It is a statutory body of the Ministry of Women and Child Development that functions as the nodal body for the 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 the Central Adoption Resource Authority.
Issues with Adoption in India
- Low adoption rate:
- In 2010, there were 5,693 in-country adoptions, while in 2019- 2020, there were only 3,351 in-country adoptions.
- High rate of pendency of cases:
- The Central Adoption Resource Authority (CARA) says there are nearly 1,000 adoption cases pending before various courts in the country.
- Children with special needs:
- There is a low rate of child adoption for those with 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 adoptions by LGBTQ people:
- The Adoption Regulations, 2017 are silent on adoption by LGBTQI people and neither ban nor allow them to adopt a child.
- Activists say LGBTQI people who seek adoption face institutional discrimination because of stigma.
- COVID-19 impact:
- To ensure kids’ safety, meetings with prospective parents were postponed during the COVID pandemic.
- This has slowed down the adoption process.
Way forward
- Interactions:
- Promoting interaction of the kids with the prospective adoptive parents in the early stages of adoption for more effortless 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 and trans couples 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.
- Special courts:
- Setting special courts may help to speed up adoption procedures and deal with cases related to adoption.
Content Source: The Hindu