Trends in Special Needs Adoptions in India

Context:

Since 2019, out of 18,179 total adoptions, only 1,404 have been children with special needs, despite overall adoption numbers increasing over the past five years. Activists have highlighted that, although more children with special needs are available for adoption, the actual rate of adoption for these children remains markedly low.

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

1. Understanding Adoption: Legal and Practical Aspects in India
2. About the Central Adoption Resource Authority (CARA)
3. Benefits of Adoption for Children and Society
4. Challenges Related to Adoption in India

Understanding Adoption: Legal and Practical Aspects in India

Definition of Adoption

• Legal Perspective: Adoption involves the legal process where a child is permanently separated from their biological parents and legally integrated into the adoptive family, receiving all associated rights and responsibilities.

Legal Framework for Adoption in India

• Governing Laws:
  • The Hindu Adoption and Maintenance Act, 1956 (HAMA)
  • The Juvenile Justice (Care and Protection of Children) Act, 2015
  • Accompanied by Juvenile Justice Model Rules, 2016 and Adoption Regulations, 2017.
• Core Principles:
  • Child’s best interests are paramount.
  • Adoption placements should consider socio-cultural congruity, aiming for assimilation into similar cultural settings as far as possible.
• Centralized Agency: Central Adoption Resource Authority (CARA) oversees all adoptions, maintaining a centralized database for children and prospective parents through the Child Adoption Resource Information and Guidance System (CARINGS).

Eligibility for Adoption

• Who Can Be Adopted:
  • Orphans, abandoned, or surrendered children declared legally free for adoption.
  • Children from a relative or children of a spouse from a prior marriage can be adopted, including those surrendered by biological parents.
• Adopter Criteria:
  • Any individual, regardless of marital status, can adopt, provided they are physically, mentally, and financially stable without life-threatening medical conditions.
  • Couples need a stable marital relationship of two years with mutual consent.
  • Single women can adopt children of any gender; however, single men cannot adopt girl children.
  • The age difference between the child and the adoptive parent(s) should be at least 25 years.
  • Families with three or more biological children can adopt only if they opt for children with special needs or those who are hard to place.

About the Central Adoption Resource Authority (CARA):

• CARA is a statutory body under the Ministry of Women & Child Development, Government of India.

Role as Central Authority:

• Designated as the Central Authority for handling inter-country adoptions in line with the Hague Convention on Inter-country Adoption, 1993, ratified by India in 2003.

Functions:

• Nodal body regulating the adoption of “orphaned, surrendered, and abandoned children” in India.
• Monitors and regulates entities such as State Adoption Resource Agencies (SARAs), Specialized Adoption Agencies (SAAs), Authorized Foreign Adoption Agencies (AFAAs), Child Welfare Committees (CWCs), and District Child Protective Units (DPUs).

Legal Framework in India:

• Child placement with a family is governed by the Hindu Adoption and Maintenance Act, 1956; the Guardians and Wards Act, 1890; and the Juvenile Justice Act, 2000.
• Mandatory registration of Child Care Institutions (CCIs) and linking to CARA is outlined in the Juvenile Justice (Care and Protection of Children) Act, 2015.

Hague Convention on Inter-country Adoption:

• The Convention establishes safeguards for children and families involved in inter-country adoptions.
• Aims to prevent the illegal abduction, sale, or trafficking of children during adoptions.
• Objectives:
• Protect children and families from illegal or ill-prepared inter-country adoptions.
• Prevent abduction, sale, or trafficking of children.
• Establish minimum standards while recognizing that it does not serve as a uniform law of adoption.

Benefits of Adoption for Children and Society

• Loving and Stable Family Environment:
  • Adoption provides children deprived of parental care with a loving and stable family environment.
• Holistic Development and Well-being:
  • Ensures the holistic development and well-being of adopted children, addressing their physical, mental, emotional, social, and educational needs.
• Social and Economic Contribution:
  • Contributes to the social and economic development of the country by:
    • Reducing the burden on the state and society in caring for orphaned, abandoned, or surrendered children.
    • Empowering adopted children to become productive and responsible citizens.
• Positive Adoption Culture:
  • Cultivates a positive adoption culture in society by:
    • Breaking down social stigmas associated with adoption.
    • Raising awareness about the numerous benefits of adoption.
• Empowerment of Children:
  • Empowers children through adoption, providing them with opportunities for growth, education, and a brighter future.
• Family and Community Support:
  • Strengthens the fabric of families and communities by fostering support networks around adopted children.
• Diversity and Inclusion:
  • Promotes diversity and inclusion by creating families that embrace children from different backgrounds, cultures, and communities.
• Fulfillment of Parental Desires:
  • Allows prospective adoptive parents to fulfill their desires of parenthood, creating a positive impact on their lives.
• Humanitarian and Compassionate Act:
  • Reflects a humanitarian and compassionate act, demonstrating the potential for positive change through acts of care and kindness.
• Lifetime Bonds and Relationships:
  • Builds lifetime bonds and relationships between adoptive parents and children, fostering love, support, and a sense of belonging.

Challenges in Adoption Process in India

• Low Adoption Rates:
  • Despite many orphaned and abandoned children in Child Care Institutions (CCIs), actual adoptions are few due to the limited number of children legally cleared for adoption.
• Procedural Challenges:
  • Prospective parents often face lengthy waits and emotional drain with minimal communication from CARA, leading to frustration.
  • Numerous legal steps and procedural delays often prevent children in CCIs from entering the adoption pool.
• Societal and Cultural Hurdles:
  • Traditional resistance based on caste, class, or genetics is waning, but still presents a barrier to adoption acceptance.
• Special Needs and Older Children:
  • There’s significant resistance to adopting older children, siblings, or those with disabilities within India, although these groups find more acceptance among foreign adoptive parents.

-Source: The Hindu