Child Adoption Policies in India- A Review

Paper presented by A.S. Shenoy, Chair, International Relations Committee, Indian Council of Social Welfare, Mumbai 1st International Conference on Inter- country Adoption or ani!ed by Child "#$ %ederation- "epal at &atmandu, "epal on 1'th, 11th and 1(th March ('') Introduction *he #o+ernment of India is fully sensiti!ed and committed to the ri hts and ,elfare of children. *he Constitution of India under Article (-- Chapter on .%undamental Ri hts of the Citi!ens/ pro+ides the ri ht a ainst e0ploitation of the children belo, 1- years. Article -1 of the 2irecti+e Principles of the State Policy in the Indian Constitution en+isa es for free and compulsory education of children. Basic Indian Policy At the International le+el, India has ratified the con+ention on the Ri hts of Child and the 3a ue Con+ention on inter- country adoption of children. At national le+el, India has prepared a "ational Policy for children in 14)- under ,hich Ministry of Social 5ustice and 6mpo,erment 7no, 8no,n as Ministry of Women and Child 2e+elopment9 has ot the mandate to enact la,s re ardin ,elfare of children. *he 5u+enile 5ustice 7Care and Protection of Children9 Act (''' is a landmar8 in this re ard. This Act has incorporated the provision of adoption of child as an alternative to institutional care. Adoption pro+ides a +ery important function in Indian society. India has lon tradition of child adoption. In olden days, it ,as restricted ,ithin the family and ,as co+ered by social and reli ious practices. :ut ,ith the chan in times, adoption beyond the contour of family has been institutionali!ed and le ali!ed. What #o+ernment of India and State #o+ernments is pro+idin necessary support and uidance throu h its policies and pro rammes, the "on- #o+ernmental $r ani!ations 7"#$;s9 pro+ide necessary deli+ery system for the process of adoption ,hich is abo+e board and transparent. Implementation of Policy -- Central Agency *o stren then adoption rules and facilitate adoption ,ithout any hassles, #o+ernment of India under ad+ice of Supreme Court constituted a Central A ency- Central Adoption Resource A ency <CARA= ,ith "e, 2elhi as base to set up uidelines for adoption time to time safe uardin ,elfare and ri hts of children ,hile rantin adoption or uardianship under 3indu Adoption and

Maintenance Act 141>, #uardians and Wards Act 1?4' or 5u+enile 5ustice Act of ('''. Scrutiny Agency *o safe uard malpractices and de+iations from prescribed uidelines for adoption notified by #o+ernment of India, Supreme Court of India has appointed an independent "#$ ,ith e0perience in child adoption @ .*he Indian Council of Social Welfare/ ,ith head Auarters in Mumbai and branches in all state as Scrutiny A ency. *his a ency +erifies all the rele+ant documents and authenticity before orders are issued by 5udicial Courts for the formal adoption.. uidelines for adoption CARA has issued separate policy uidelines for inter- country and in- country adoptions. *he main policy adopted is placement a encies in+ol+ed in adoption should strictly follo, and comply ,ith the uidelines of CARA and re ister ,ith respecti+e state o+ernments. "o $bBection Certificate <"$C= from CARA is made mandatory in case of all inter- country adoption, before placement a ency process the application in competent 5udicial Courts. Agencies approved for adoption %or safe uardin interest and ,elfare of child, India #o+ernment has reco ni!ed follo,in a encies. 1. Indian Placement A encies - )C 7in +arious states9 (. %orei n Placement A encies 6nlisted - (1- 7in forei n countries9 C. Doluntary Co- ordinatin A ency in India - 1C 7in +arious states9 -. Scrutiny A encies - 1C 7in +arious states9 More than (''' children are i+en for adoption ,ithin India ,hile abo+e 11'' children are sent outside India for adoption. !ear (''C (''(''1 In- country (11' (C1' (-1Inter- country 1C?1C1' 1(>>

Implementation of "ague Convention Recommendations India #o+ernment has notified +arious adoption policies consistent ,ith 3a ue Con+ention as sho,n belo,.

Central Authority 7Art.>9 Central Adoption Recourse A ency 7CARA9

Setup as a Win of the Ministry of Welfare on (?.'>.144' Made an autonomous body on 1?.'C.1444

Child is declared adoptable 7le ally %ree for Adoption9 by the concerned public authority, such as, Child Welfare Committee, etc. 7as reAuired under art. -.a.9 Priority is i+en to in-country adoption before a child is proposed for inter country adoption throu h the DCA;s E State #o+ernments concerned 7as reAuired under art. -.b. E 1>.b.9 All authoritiesFa encies includin CARA apply the principle of G:est Interest of the Child; to an adoption case 7as reAuired under art. -.b. E 1>.d.9 "ecessary consents of biolo ical parents, adopti+e parents and the older Childs are obtained before an adoption is effected. 7As reAuired under art. -.b. E 1>.d.9 Adoption is permitted only throu h reco ni!ed placement A encies ,ith professionally trained Social Wor8ers. 7as reAuired under art. 119 Adopti+e parents are reAuired to escort a child from India for the secured transfer of the child as reAuired under 14.( Any improper financial or other ain is pre+ented 7as reAuired under art. ? E C(9 throu hH %i0in adoption costs. Prohibition of direct contact bet,een Prospecti+e %orei n adopti+e parents and Indian A encies. Prohibition of middlemen. #i+in reco nition to those Indian A encies for ,or8in under the Con+ention ,ho ,or8 ,ith non-profit moti+e. %inancial Returns furnished by the inter-country adoption A encies to charity commissioners, local state o+ernment E Ministries.

Procedure followed for inter country adoption are# I. Child is made le ally free for adoption :y relinAuishment deed from biolo ical parents "o le al claim certificate from child ,elfare committee formed by state after ma8in le al enAuiry

II. Adoption A encies

Step I %or adopti+e parentsH Pre- adoption counselin Application and Re istration 3ome study report- Identifyin the child needs.

Step II Identifyin a child to meet the needs of adopti+e parents. Ma8in arran ement to see the child by adopti+e parents. *a8e the child for medical chec8 up. %ile documents to court for adoption order. III. Doluntary Co- ordinatin A ency 7no, 8no,n as Adoption Co- ordinatin A ency9 Re istration of adopti+e parents Re istration of child a+ailable for adoption 3ome study reports 7by forei n enlisted A ency for DCA9 %urnishin data to CARA to create a data a ban8

ID. CARA- Central Adoption Recourse A ency *o issue "$C to a encies to match child ,ith forei n adopti+e couple.

D. Scrutiny A ency

Derifyin documents and child and Budicial courts.

i+e its recommendation to

DI. 5udicial courts Court e0amines the documents filed by placement a ency, Adopti+e parents and Scrutiny a ency and satisfies itself e+erythin is in order before issuin order for uardianship. A double chec8 is made by the court about composite a e, attitude and income of the adopti+e couples. When orders are issued child is free to be ta8en outside country for adoption.

Conclusion *o conclude the trust of national policy of India for ,elfare of children isH *o protect abandoned and destitute children, oal is to find a family for as many orphan children as possible and to safe uard their interest as +isuali!ed in the I" Con+ention on child ri hts and 3a ue Con+ention on Inter country adoption ratified by India o+ernment. *he G:est Interest of the Child; is the uidin principle behind all adoption la,s in India and social a,areness pro rammes has helped to chan e the attitude of society and people to,ards adoption in India. *he nation;s children are supreme important asset. *heir nurture and solitude are responsibilities of nation. Children;s pro rammes should find a prominent part in national plans for the de+elopment of human resources so that children ro, up to become robust citi!ensJ physically fit, mentally alert and morally healthy endo,ed ,ith the s8ills and moti+ation needed by the society. 6Aual opportunities for de+elopment to all children durin the period of ro,th is the aim, as this ,ill ser+e lar er purposes of reducin ineAuality and increasin social Bustice. References 1. (. C. -. 1. A Report on International Meet on Adoption- 2ecember (''C #uidelines for Adoption from India (''>- CARA 5u+enile 5ustice Act (''' I" Con+ention on the Ri hts of Child 7CRC9 3a ue Con+ention

KKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKK K A.S. Shenoy, Chair, International Relations Committee, Indian Council of Social Welfare, Mumbai and #eneral Secretary, ICSW &erala :ranch, GSan eet;, Chittoor Road, Cochin- >?('1?, &erala, India. 6- mailH shenoyas(''>Lyahoo.com