The rights and welfare of children who are orphaned, abandoned, or given up by their biological parents are significantly protected by adoption laws in India. The legal structure for adoption in India offers a procedure for placing these kids in loving and secure homes with adoptive parents, who afterwards become their legal parents and have all the rights, benefits, and obligations that go along with that.
The Indian adoption laws outline the qualifications for potential adoptive parents, the adoption process, and the specifications for adoption orders. Adoption agencies are essential in locating adoptable children, linking them with potential adoptive parents, and offering assistance and direction during the adoption procedure. Follow-up visits after adoption are also necessary to guarantee the welfare of the child.
But there are difficulties and cracks in the laws and procedures around adoption, including delays, strict eligibility requirements, prejudice against specific groups, and a lack of openness and regulation. To guarantee that all children in need of care and protection are placed in safe and loving families and that the rights and welfare of all parties involved are maintained, efforts are being made to reform the adoption laws and procedure in India.
Laws at place:
The Juvenile Justice (Care and Protection of Children) Act, 2015, which replaced the earlier Juvenile Justice (Care and Protection of Children) Act, 2000, reflects the considerable evolution of India’s adoption laws throughout time. According to the Act, adoption is the procedure by which a kid is legally removed from their biological parents and raised as the adoptive couple’s child. Additionally, it outlines the adoption processes, including the qualifications for adoptive parents, the function of adoption agencies, and the specifications for adoption orders. There are still some issues that need to be resolved, such as the adoption process’s delays and the restrictive eligibility requirements for potential adoptive parents.
Loopholes:
Although Indian adoption regulations have improved over time to provide a framework for adoption, several gaps still need to be closed. Delays in the adoption procedure, a lack of openness, a lack of eligibility standards for potential adoptive parents, a lack of options for children with special needs, and a lack of support for adoptive families are a few of these. Overall, there is certainly need for improvement to make sure the adoption process is quick, clear, and open to anybody who is ready and able to provide a child a loving home.
In India, a number of incidents have brought attention to the shortcomings and difficulties in the adoption laws and procedures. Here are a few illustrations:
Case of Baby Falak: In 2012, a two-year-old girl named Falak was brought into a Delhi hospital with terrible wounds, including a cracked skull and bite marks all over her body. Later, it was discovered that she had been fraudulently adopted by a young housekeeper. The case made clear the necessity of tighter regulation and oversight of adoption agencies and the adoption procedure.
Tamil Nadu baby selling racket: In 2015, it was discovered that infants were being sold to childless couples in Tamil Nadu for a lot of money. The case revealed both the exploitation of weak women and infants as well as the lack of transparency and regulation in the adoption process.
Gujarat adoption case: In 2017, a Gujarati couple who were both HIV positive were refused permission to adopt a child. The case brought attention to the stringent requirements for potential adoptive parents as well as the prejudice experienced by people living with HIV/AIDS.
Case involving an international adoption in Meghalaya in 2018: Concerns regarding the absence of control and regulation of international adoptions were highlighted by this case. A baby girl who had been adopted by a Spanish couple was in this case later returned to India and placed in a children’s home. The incident made clear the necessity of tighter oversight and control of international adoptions in order to protect children’s welfare and safety.
In order to ensure that children in need of care and protection are placed in secure and loving homes and that the rights and welfare of all parties involved are respected, these cases and others like them highlight the need for ongoing improvements to the adoption laws and procedure in India.
Name: SARAH GARIMA TIGGA, SEMESTER VI , COLLEGE: SYMBIOSIS LAW SCHOOL (PUNE)
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