The tedious process of adoption

Source: The post is based on the article “The tedious process of adoption” published in The Hindu on 12^th September 2022.

Syllabus: GS 2 – mechanisms, laws, institutions, and Bodies constituted for the protection and betterment of vulnerable sections.

Relevance: About adoption procedure in India.

News: From September 1, District Magistrates (DM) have been empowered to give adoption orders instead of courts. All cases pending before courts have to be transferred.

About the recent changes in the adoption procedure

The Parliament passed the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021 to amend the Juvenile Justice Act (JJ Act), 2015. The key changes include authorising District Magistrates and Additional District Magistrates to issue adoption orders under Section 61 of the JJ Act by striking out the word “court”.

The amendments to the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 mention, “all the cases pertaining to adoption matters pending before the Court shall stand transferred to the District Magistrate from the date of commencement of these rules.”

Note: The District Magistrates have also been empowered under the Act to inspect child care institutions as well as evaluate the functioning of child welfare committees, juvenile justice boards, child care institutions etc.

What are the concerns associated with the revised rules?

a) The Central Adoption Resource Authority (CARA) says there are nearly 1,000 adoption cases pending before various courts in the country. Adoption cases already before courts for the past several months will have to be transferred and the process will have to start afresh, b) Many believe neither judges, nor DMs are aware about the change in the JJ Act leading to confusion in the system and delays, c) District Magistrates don’t handle civil matters that bestow inheritance and succession rights on a child. If these rights are contested when a child turns 18, a judicial order is far more secure to ensure the child is not deprived of his or her entitlements.

What is the adoption procedure in India?

Adoptions in India are governed by two laws — the Hindu Adoption and Maintenance Act, 1956 (HAMA) and the Juvenile Justice Act, 2015. Both laws have separate eligibility criteria for adoptive parents.

Adoption under JJ Act: Persons have to register on CARA’s 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.

Adoption under HAMA: A “dattaka hom” ceremony or an adoption deed or a court order is sufficient to obtain irrevocable adoption rights. But there are no rules for monitoring adoptions and verifying the sourcing of children and determining whether parents are fit to adopt.

Note: HAMA is a parent-centric law that provides son to the son-less for reasons of succession, inheritance, the continuance of the family name and for funeral rights and later adoption of daughters was incorporated because kanyadaan is considered an important part of dharma in Hindu tradition.

What are the challenges in adoption in India?

1) There are very few children in CARA’s registry (only 2,188 children). This forces many to wait for upto three years to be able to give a family to a child. This allows traffickers to take advantage of loopholes in HAMA, 2) There is also corruption and trafficking as childcare institutions and NGOs directly give children for adoption.

What should be done to facilitate adoption in India?

Empower CARA to maintain various specialised adoption agencies, a registry of children, and prospective adoptive parents as well as match them before adoption.

India should frame a “child-centric, optional, enabling and gender-just” special adoption law like in other countries.