1000 adoptions pending but new rule sows confusion

Subject: Governance

There is confusion over implementation of new adoption rules that require transfer of adoption petitions from courts to District Magistrates, and parents, adoption agencies and activists are worried that this could lead to further delays in a long and arduous procedure.
The Parliament in July 2021 passed the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021,which empowers DMs to give adoption orders.
Ironically, the intent of the amendment was to prevent court-related delays during adoptions because of a large number of pending cases.
Thereafter, amendments to the Juvenile Justice (Care and Protection of Children) Model Rules, 2016 were notified which state, “all the cases pertaining to adoption matters pending before the Court shall stand transferred to the District Magistrate from the date of commencement of these rules.”
In the absence of an adoption order parents can’t obtain birth certificates for adoptees which impacts school admissions.
In case of inter-country adoptions by foreigners or NRIs who live abroad, parents can’t take home a child without the court order and a passport.

Central Adoption Resource Authority (CARA)

Central Adoption Resource Authority (CARA) has been set up as a statutory body of the Ministry of Women and Child Development.
It functions as a nodal body for the adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoption.
CARA is designated as the Central Authority to deal with inter-country adoptions in accordance with the provisions of the Hague Conventions on Inter-Country Adoptions, 1993, ratified by the Government of India in 2003.
CARA primarily deals with adoption of orphan, abandoned and surrendered children through its associated / recognised adoption agencies.

What are the Laws to Adopt a Child in India?

The adoption in India takes place under Hindu Adoptions and Maintenance Act, 1956 (HAMA) and the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act).
- HAMA, 1956 falls in the domain of Ministry of Law and Justice and JJ Act, 2015 pertains to the Ministry of Women and Child Development.
- As per the government rules, Hindus, Buddhists, Jains, and Sikhs are legalized to adopt kids.
Until the JJ Act, the Guardians and Ward Act (GWA), 1980 was the only means for non-Hindu individuals to become guardians of children from their community.
- However, since the GWA appoints individuals as legal guardians and not natural parents, guardianship is terminated once the ward turns 21 and the ward assumes individual identity.