Introduction
India’s adoption scene has witnessed considerable reforms over the past few years, with the aim of making the process more inclusive, efficient, and child-centric. These reforms include legal amendments, policy revisions, and judicial interventions, indicating a determination to streamline adoption procedures and tackle long-standing challenges.
Increased Eligibility for Single Persons
In a pioneering decision, the Ministry of Women and Child Development in 2024 amended the Model Foster Care Guidelines, opening up foster care to single persons—whether married or unmarried—to take care of children six years and older. Earlier, foster care was only open to couples who were married. According to the new guidelines, single women are allowed to foster and adopt children of either sex, whereas single men may foster and adopt male children. Moreover, the required waiting period prior to adoption has been cut down from five years to two years, allowing for an easier transition from foster care to adoption. Supreme Court’s Directive on Specialized Adoption Agencies
Identifying infrastructural shortcomings in the adoption process, the Supreme Court directed all states and Union Territories to set up Specialized Adoption Agencies (SAAs) in each district by August 30, 2024. This was issued after it was found that 370 out of 760 districts did not have operational SAAs, which was impeding the adoption process for abandoned and surrendered children. Failure to comply would result in contempt proceedings, highlighting the judiciary’s focus on child welfare.
Uniform Civil Code Implementation in Uttarakhand
In February 2024, Uttarakhand became the first Indian state to enact the Uniform Civil Code (UCC), making personal laws regarding marriage, divorce, adoption, and inheritance uniform across religions. The UCC requires the registration of live-in relationships and equalizes marriage ages, seeking to promote equality and eliminate discrimination, especially against women. But the law has been criticized for potentially encroaching on religious practices, particularly among Muslims.
Reconsideration of Maternity Benefits to Adoptive Mothers
The Supreme Court has challenged the logic of confining maternity benefits to adoptive mothers whose children are less than three months old. Since the adoption procedure usually takes time, making it inconvenient to adopt infants in this age group, the court has asked the central government for an explanation. This action highlights the importance of designing policies that keep up with the realities of the adoption procedure and provide balanced support to adoptive parents.
Growth in Relative and Stepchild Adoptions
Recent statistics provided by the Central Adoption Resource Authority (CARA) reveal an increase in adoption by relatives and stepparents. From October 2022 to August 2023, there were 260 such adoptions, while from April 2019 to September 2022, there were 230. This increase hints that regulatory reforms have made it easier for families to legally adopt children who are already living under their roof, ensuring stability and continuity of the child’s life.
Conclusion
The recent Indian adoption reforms are indicative of a deliberate attempt to fashion a more effective and inclusive system. By opening up eligibility criteria, bridging infrastructural gaps, and revisiting supportive policies, the changes seek to ensure that the best interests of the children and support prospective adoptive parents. Sustained caution and responsiveness will be critical in ensuring that the process of adoption continues to respond to the requirements of all stakeholders involved.
Contributed By: Diwanshi Arya (Intern)