Daily News Analysis

Child Adoption in India

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India’s child adoption system faces a number of challenges, but there are ongoing efforts to improve the process.

Adoption Statistics

  • Total Adoptions (2024–25): 4,515 children were adopted, the highest since 2015.

    • 4,155 of these adoptions were domestic, reflecting a growing acceptance of legal adoption in the country.

Key Agencies & Legal Framework

  • Central Adoption Resource Authority (CARA):

    • An autonomous body under the Ministry of Women & Child Development, CARA oversees both domestic and international adoptions in India.

    • It facilitates the adoption of orphaned, abandoned, and surrendered children through Specialized Adoption Agencies (SAAs) and ensures legal compliance.

  • State Agencies: Adoption is implemented at the state/UT level through State Adoption Resource Agencies (SARAs), Child Welfare Committees, and District Child Protection Units (DCPUs).

  • Legal Framework:

    • Hindu Adoption and Maintenance Act (HAMA), 1956: Allows adoption within Hindu, Sikh, Jain, and Buddhist communities, but does not require registration with CARA.

    • Juvenile Justice (Care and Protection of Children) Act, 2015: Governs adoption for all citizens and mandates registration on CARA's portal. This Act also mandates home studies and eligibility assessments for prospective adoptive parents.

    • International Framework: India ratified The Hague Convention on Intercountry Adoption (1993) to ensure international adoptions are ethical and transparent.

Adoption Process

  • Domestic Adoption: The process involves registration on the CARA portal, completion of a Home Study Report (HSR), and eligibility verification.

  • International Adoption: CARA oversees international adoptions under the Hague Convention, ensuring ethical practices.

Key Challenges Hindering the Adoption Process

  1. Widening Demand-Supply Gap:

    • There is a 13:1 ratio of prospective adoptive parents (PAPs) to adoptable children. This gap is due to:

      • Legal free status of children (not all children are legally free for adoption).

      • Parental rights that prevent children from being adopted.

    • This demand-supply mismatch has led to increased waiting times, with the referral period rising from 1 year in 2017 to 3.5 years in 2025.

    • There are concerns about illegal adoptions due to these delays.

    Structural and Legal Hurdles:

    • Weak implementation of the JJ Act, 2015 and lack of coordination among adoption agencies have contributed to delays.

    • The Hindu Adoption and Maintenance Act (HAMA) lacks transparency compared to the JJ Act, creating a mismatch in adoption procedures and concerns over trafficking.

    • The absentee guardians issue leads to delays in child adoption.

    Mismatch in Parental Preferences:

    • 34% of adoptable children are above 14 years, but most parents prefer adopting infants (0-2 years).

    • This leads to older children and those with special needs being overlooked, which hinders adoption rates for these groups.

    • 60% of adopted children are female, and 80% are in the 0-2 age group, reflecting a preference for younger children.

    High Rate of Child Returns:

    • Between 2017-2019, many adoptive parents returned children, with 60% being girls and 24% having special needs. This points to a lack of preparation and inadequate counseling for families.

    LGBTQ+ Adoption and Legal Barriers:

    • LGBTQ+ individuals and couples face significant legal barriers to formal adoption due to traditional family norms and lack of legal recognition. This has led to informal or illegal adoptions within the LGBTQ+ community.

Measures Taken to Improve Adoption and Foster Care

  1. Child Pool Expansion:

    • CARA has expanded the adoption pool to include children from Child Care Institutions (CCIs), categorizing them as orphans, abandoned, surrendered, and unfit guardianship children, as directed by the Supreme Court in 2023.

  2. Digital Reforms:

    • CARA’s upgraded portal (CARINGS) now includes Foster Care modules and workflows for relative/step-parent adoptions, reducing processing time from years to 3-4 months.

  3. Mandatory Counselling:

    • As of 2025, structured counseling has been introduced at pre-, during-, and post-adoption stages to provide better emotional and psychological support to adoptive families and children.

Steps to Strengthen and Streamline Adoption in India

  1. Child-Centric Approach:

    • The adoption system should shift from a parent-centric model to a child-centric approach, prioritizing the child's right to a family, care, and protection in alignment with the UNCRC (United Nations Convention on the Rights of the Child).

  2. Simplify Adoption Procedures:

    • Streamline adoption procedures under the JJ Act, 2021 and Adoption Regulations, 2022 with clear, time-bound clearances.

    • Digital Integration between CCIs and CARA could accelerate the process and ensure transparency.

    • Designate dedicated adoption officers to manage the process efficiently.

  3. Strengthen Psychosocial Support:

    • Ensure proper implementation of CARA’s counseling mandate with trained professionals. This will help minimize disruptions and support family bonding, especially for children with special needs or older children.

  4. Promote Awareness and Destigmatize Adoption:

    • Launch Information, Education, and Communication (IEC) campaigns to raise awareness about adoption, especially focusing on older children and those with special needs.

    • Challenge societal stigma around non-biological parenthood and encourage families to consider adoption as a viable and fulfilling option.

Conclusion

While India has made significant strides in the adoption process, several challenges remain. The widening gap between the number of children available for adoption and the demand for adoption, coupled with legal and structural hurdles, needs to be addressed.


 


 

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