Policy Wise

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(Admin note: This is the second and concluding part of Sakshi’s series on adoption in India. )

A safe, happy home is the best environment for a child to grow and develop. As clichéd as it may sound, India’s future lies in her children. However, with millions of poor, undernourished and abandoned children, India needs a better legislative framework to facilitate adoption.

The process for adoption in India begins with potential adoptee parent registering with the local registered or licensed adoption placement agency (RIPA or LAPA as they are called which are officially recognized by CARA). After the successful completion of the family case study where a local operative from the agency evaluates the surrounding to ensure that the prospective parent is capable of providing proper care to the child, a “match” is shown to the parent. Usually, requests for young male children (preferably fair) are common in India. Though frowned upon, such matches are more likely leading to a surplus of young girls that are left looking for a loving home. Similar to the situation elsewhere in the world, older children, and children with special needs usually have a harder time being adopted.

In general, while wait times for an in-country (even an inter-state) adoption are shorter than inter-country adoptions, over all, the process is still flawed with delays virtually in built into the system.

A non-Hindu couple or parent can not adopt a child – he/they get a “guardianship” under Guardian and Wards Act. The child, upon reaching adulthood has the right to decide whether he takes the name of the parent or adopts his parent’s religion. This is a ridiculous position to put a child or a parent in. Without legal standing or acknowledgment, even simple tasks like going abroad with one’s children is not possible. The adopted child needs to be protected and be given the same legal rights as the biological child. Children placed into the care of foreign nationals are usually adopted by their parents following the local laws in their respective countries. Non- Hindus however can not make the adoption legal. This puts the child at risk, as seen in the recent Shabnam Hashmi case .

In fact, the law is restrictive to even Hindu parents wishing to adopt. Under the Hindu Adoption and Maintenance Act, 1956 couples/parents cannot adopt a child of the same gender as their previous biological/adopted child. This is ostensibly to ensure that each family has a male and female child at the very least.. However, the most important issue which needs to be considered is that these children need a home – if they are being provided one, why should they be deprived? And of course this rule puts couple who already have a baby girl at a disadvantage. Since it is the girl child that is most often given up or abandoned, the girls that fail to be placed in custody of Indian families are more than likely put up fro inter- country adoption.

In general, single men and women can adopt young boys provided they are at least 21 years younger than the parent is. But single males can not adopt baby girls– to prevent trafficking of little girls. However, it prevents a young girl from adopted. Also, the inherent assumption that a single woman will not abuse a young girl is rather inexplicable. What prevents her from indulging in trafficking? Why this bias?

There is also a gender bias against married women – while a single woman is free to adopt a child, a married woman’s role is restricted to giving consensus to her husband. She can not jointly adopt a child with her husband. This stems from the stipulation that a single child can not be adopted by two people, presumably to prevent two different couples or people from having legal rights to the child. However, since the child is placed in the care of both the mother and the father, one fails to see why they can not apply jointly for adoption.

While it is imperative that the law ensures the child’s protection, it seems that the time has come to revamp the adoption laws. Traditionally, Indian families adopt as a last resort to ensure a “male lineage”. However, this trend is slowly changing with many single and married couples from middle class families opting for adoption. It is time then to start changing our laws to make sure that the rights and interests of both, the adoptive parents as well as that of the child are protected.

The government can make a beginning by consolidating the two separate laws for adoption (HAMA for Hindus and GAWA for the rest) into one comprehensive law for all adoptive parents. Religion should not influence Indian laws. Period! A common foundation for all adoptions, will allow for better surveillance by CARA, and will also provide a legal standing for all adopted children and their family. A uniform law will help increase the rate of adoption.

Instead of making the process cumbersome and tedious with court dates and multiple rules,, the government must take active steps for a speedy and a time-bound approval process. Though some progress has been made– CARA has promised that the courts will clear all paper work within two months, the process needs to be further simplified. For example, the government should ensure that the post-adoption checks done by social workers are done quickly while at the same time are rigorous and thorough. . While families wishing to adopt a child may find this adoptive, it is essential to prevent child abuse.

While staggering number of children need to be placed in a loving home, India is slowly making changes to it’s child welfare policy through lobbying efforts made by adoptive parents and by activist NGOs. Although effective systems take time to evolve, there are signs of hope in adoption policy in India

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