Child
Adoption Policies in India-
Paper presented by A.S. Shenoy,
Chair, International Relations Committee,
Indian Council of
Social Welfare, Mumbai
1st International Conference on
Inter- country Adoption organized by Child NGO Federation- Nepal at Katmandu,
Nepal on 10th, 11th and 12th March 2007
Introduction
The Government of India is fully
sensitized and committed to the rights and welfare of children. The
Constitution of India under Article 24- Chapter on “Fundamental Rights of the
Citizens” provides the right against exploitation of the children below 14
years. Article 45 of the Directive Principles of the State Policy in the Indian
Constitution envisages for free and compulsory education of children.
Basic Indian Policy
At the International level, India has ratified the convention
on the Rights of Child and the Hague Convention on inter- country adoption of
children. At national level, India
has prepared a National Policy for children in 1974 under which Ministry of
Social Justice and Empowerment (now known as Ministry of Women and Child
Development) has got the mandate to enact laws regarding welfare of children.
The Juvenile Justice (Care and Protection of Children) Act 2000 is a landmark
in this regard. This Act has incorporated the provision of adoption of child
as an alternative to institutional care.
Adoption provides a very
important function in Indian society. India has long tradition of child
adoption. In olden days, it was restricted within the family and was covered by
social and religious practices. But with the changing times, adoption beyond
the contour of family has been institutionalized and legalized.
What Government of India and State Governments is providing
necessary support and guidance through its policies and programmes, the Non-
Governmental Organizations (NGO’s) provide necessary delivery system for the
process of adoption which is above board and transparent.
Implementation of Policy -- Central Agency
To strengthen adoption rules and
facilitate adoption without any hassles, Government of India under advice of Supreme Court constituted
a Central Agency- Central Adoption Resource Agency [CARA] with New Delhi as base to set up guidelines for
adoption time to time safeguarding welfare and rights of children while
granting adoption or guardianship under Hindu Adoption and Maintenance Act
1956, Guardians and Wards Act 1890 or Juvenile Justice Act of 2000.
Scrutiny Agency
To safeguard malpractices and
deviations from prescribed guidelines for adoption notified by Government of
India, Supreme Court of India has appointed an independent NGO with experience
in child adoption – “The Indian Council of Social Welfare” with head quarters
in Mumbai and branches in all state as Scrutiny Agency. This agency verifies
all the relevant documents and authenticity before orders are issued by
Judicial Courts for the formal adoption..
Guidelines for adoption
CARA has issued separate policy guidelines for inter- country
and in- country adoptions. The main policy adopted is placement agencies
involved in adoption should strictly follow and comply with the guidelines of
CARA and register with respective state governments. No Objection Certificate
[NOC] from CARA is made mandatory in case of all inter- country adoption,
before placement agency process the application in competent Judicial Courts.
Agencies approved for adoption
For safe guarding interest and
welfare of child, India Government has recognized following agencies.
1.
Indian Placement Agencies - 73 (in various states)
2.
Foreign Placement Agencies Enlisted - 254 (in foreign countries)
3.
Voluntary Co- ordinating Agency in India - 13 (in various states)
4.
Scrutiny Agencies - 13 (in various states)
More than 2000 children are given for adoption within India while above 1100 children are sent outside
India
for adoption.
Year In- country Inter- country
2003 2150
1384
2004 2350
1310
2005 2454
1266
Implementation of Hague Convention Recommendations
India Government has notified
various adoption policies consistent with Hague Convention as shown below.
u
Central Authority (Art.6)
·
Central Adoption Recourse Agency (CARA)
·
Setup as a Wing of the Ministry of Welfare on
28.06.1990
·
Made an autonomous body on 18.03.1999
u
Child is declared adoptable (legally Free for
Adoption) by the concerned public authority, such as, Child Welfare Committee,
etc. (as required under art. 4.a.)
u
Priority is given to in-country adoption before
a child is proposed for inter country adoption through the VCA’s & State
Governments concerned (as required under art. 4.b. & 16.b.)
u
All authorities/agencies including CARA apply
the principle of ‘Best Interest of the Child’ to an adoption case (as required
under art. 4.b. & 16.d.)
u
Necessary consents of biological parents,
adoptive parents and the older Childs are obtained before an adoption is
effected. (As required under art. 4.b. & 16.d.)
u
Adoption is permitted only through recognized
placement Agencies with professionally trained Social Workers. (as required
under art. 11)
u
Adoptive parents are required to escort a child
from India
for the secured transfer of the child as required under 19.2
u
Any improper financial or other gain is
prevented (as required under art. 8 & 32) through:
·
Fixing adoption costs.
·
Prohibition of direct contact between
Prospective Foreign adoptive parents and Indian Agencies.
·
Prohibition of middlemen.
·
Giving recognition to those Indian Agencies for
working under the Convention who work with non-profit motive.
·
Financial Returns furnished by the inter-country
adoption Agencies to charity commissioners, local state government &
Ministries.
Procedure followed for inter
country adoption are:
I. Child is made legally free for adoption
·
By relinquishment deed from biological parents
·
No legal claim certificate from child welfare
committee formed by
state after making legal
enquiry
|
II. Adoption Agencies
Step I
For adoptive parents: Pre-
adoption counseling Application and
Registration
Home study report- Identifying the
child needs.
Step II
Identifying a child to meet the needs of adoptive parents.
Making arrangement to see the child by adoptive parents.
Take the child for medical check up.
File documents to court for
adoption order.
|
III. Voluntary Co- ordinating Agency (now known as Adoption Co- ordinating
Agency)
|
IV. CARA- Central Adoption Recourse Agency
|
V. Scrutiny Agency
|
VI. Judicial courts
|
Conclusion
To conclude the trust of national policy of India for
welfare of children is:
To protect abandoned and destitute children, goal is to find a
family for as many orphan children as possible and to safeguard their interest
as visualized in the UN Convention on child rights and Hague Convention on
Inter country adoption ratified by India government. The ‘Best Interest of the
Child’ is the guiding principle behind all adoption laws in India and social
awareness programmes has helped to change the attitude of society and people
towards adoption in India.
The nation’s children are supreme important asset. Their
nurture and solitude are responsibilities of nation. Children’s programmes
should find a prominent part in national plans for the development of human
resources so that children grow up to become robust citizens; physically fit, mentally
alert and morally healthy endowed with the skills and motivation needed by the
society. Equal opportunities for development to all children during the period
of growth is the aim, as this will serve larger purposes of reducing inequality
and increasing social justice.
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