Even though India has no general law of adoption, the concept of adoption has
its recognition in the society, which has the sole base of Child Welfare. In
legal terms Adoption is a kind of affiliating a child, and in India personal
laws govern it. Statutorily there is Hindu Adoption and Maintenance act,
Guardians and Wards Act. Furthermore the conceptual clarity in numerous
practices like Foster Care, Sponsorship, Open Shelter, Special Homes, Place of
Safety, Childrenís Home, Fit Facility, Government Shelter Homes, Child Welfare
Committee, and many more elaborates the development of adoption laws in India.
Parentage and Child Love is recognised as aim of life in a social institution,
therein adoption is the best blessing for child and parent welfare. It gives
godís child parents, and childless people child, the society observe this
practice to help the society grow and groom. Since Muslims, Christians, Parsis,
and Jews donít have separate personal act for adoption, they all are governed by
Guardians and Wards Act, under which they go through foster care. Wherein at the
time being major under the foster care scheme, he may breach all his
connections, and he has no inheritance rights as well. Furthermore,
International Adoptions are also governed under the same act, where the adoptive
parents has the reach to the doors of justice for adoption permission.
Lacunae in Child Welfare and Parentage under Adoption
Under the Indian legal framework the procedural delay and wastage of time of
everyone is the grave concern, even adoption law are seem to be a lot time
consuming as due to the elongated process. Many opinions came up with the
suggestion for modernisation of the procedure, and on behalf of State there
shall be awareness of adoption way of process. Mostly it takes a number of
months and even years for domestic and international adoptions. However adoptive
parents at times use distinct illegal ways, to avoid this long awaited approach
and this shall be aimed by the State to resolve, otherwise in a few specific
cases this shall be legal procedure.
Secondly, too much complicated and strict regulations towards the adoptions
procedure also inspection process of adoptive parents and families and their
eligibility as per rules. Such strict rules complicates the adoption process
very difficult and most of the time the family fails to adopt a child.
Conflicts Arising Due To Such Lacunae
Due to such regulations and laws there are two perspective one is in the favour
of child welfare and the other supporting the suffering prospective parents in
the procedure. The procedure is strict and time consuming due to the
formalities and documentation, whereas if such process is streamlined then the
criminal offence relating to children like Child Trafficking, Child Beggary,
Child Labour in foreign and domestic boundaries, etc. Furthermore, the issues
might arise if the inspection process of the prospective adopting parents is not
strong then situations might occur of Post-Adoption Negligence by the adoptive
families and many more such circumstances are skip through the legal
restrictions and regulations
Social Challenges to Adoption In India
Various cases are there of adoption agencies which perceive to be money printing
through child deal, also due to lack of data research are not proper and
reliable. Even though judicial advancement have promoted single parent as
adoptive parent, yet society doesnít follow such norms.
The adoption laws for Hindu has improved tremendously and so the position of
women in the society. It is unreasonable that in India Muslims cannot legally
adopt a child just because of lack of a uniform civil code on
adoption. Furthermore, Only on the basis of religion children are not adopted
in the name of religious restrictions. Therefore, there exists the restriction
on prospective parents as due to the religion.
Wherefore to correct such religious mistakes the secular law of adoption as
uniform civil code shall be focused on and brought to limelight.
For child welfare it is important to resolve such issue with statutory
amendments. And enactment of UCC can permit other religions adoptive parents as
well as single parents to adopt the child legally. The Govt. would not only help
prospective parents with legal heir, but also ensure proper care and protection
of the helpless child.
Furthermore the Gender biasness in adoption laws, also discredit the more
prospective and caring parent the right over the others. Unless her husband dies
or suffers from any disability or renounces the world or so, a married woman
cannot adopt, not even with the approval of the husband. On the other side,
with the wifeís approval, a husband may adopt. But such schemes shall be removed
for social equality.
Suggestions and Conclusion
Family courts should make easements in the way towards promotion of child
welfare in the welfare process of adoption and keep distance from time
engagement and wastage. The statutory bodies and educated people are required to
promote well-being and social infrastructure, so as to maintain the welfare is
considered with the lengthy process of adoption the committee shall be set up to
pray for enactments of laws in such a way that the social evil is not given way
and the good prospective parent are not denied of adoption.
Furthermore, to the situation where the Inter-Country Adoption is considered, it
is referred several times to be a new life to the helpless child, and they will
have the best environment to grow up in well being with a good cause. However no
compromise shall be made with respect to the security and identity of the child
However the legal framework has developed through a lot with the statutory
improvements, the concerned committees, NGOs, Govt. Departments seems to work in
proper guidance with the law, and effectively for the best advantage of the
child and the parents.
The children constitute the most fundamental and valuable resource of any
society and there is justice to the child as in the words of Rabindranath Tagore:
ĎEvery child when born brings with the hope that god is not yet disappointed