Child Protection – Adoption Procedure & Safeguards

Why in news?

3 year old ‘Sherin Mathews’, an adopted Indian-American child, was found dead in mysterious circumstances in Dallas, USA.

What are the adoption statistics?

• Between 2010 and 2017, adoptions have gone down drastically.
• While 5,693 children were adopted within India in 2010, the 2016-17 figures were only 3,210.
• Even adoptions from outside fell from 628 in 2010 to 578 currently.
• The fall has been attributed to tightened norms to protect the adopted children.
• Despite the safeguards though, not all adoptive children stay safe.

Who do the present Indian guidelines in say?

• Adopting parents must be financially capable, physically, mentally and emotionally stable.
• They should also be free from life threatening health conditions.
• While singles less than 55 years of age too are eligible for adopting, a single male cannot adopt a girl child.
• A couple must be married at least two years and their cumulative age at the time of adoption cannot exceed 110 years.
• The minimum age difference between the child and either adoptive parent should not be less than 25 years.
• Preference shall be given to place the child in adoption in his/her own socio-cultural environment, as far as possible.

What is the procedure for adoption by overseas residents?

• All prospective parents irrespective of nationality have to register with the Central Adoption Resource Authority (CARA).
• Then, the appropriate local authorities are called for a home study.
• Subsequently, registration with the ‘Child Adoption Resource Information and Guidance System’ is done.
• After registration, children are assigned by turn, and foreign couples are treated at par with Indian ones.
• Countries that are signatories to the ‘Hague Adoption Convention’ have standardised and streamlined such processes.
• Alternatively, the Indian diplomatic missions in the respective countries can also be approached.

How is the match done?

• The home study report, which looks at the couple’s family, circumstances etc.., is prepared by the adoption agency.
• It remains valid for two years, and is the basis of any adoption attempts that the couple make during that period.
• Parents are given a chance to adopt on a first registered, first served basis.
• Photographs, child study reports and medical examination reports of up to six children in their preferred category are shown.
• The process of matching must be completed in 15 days.

When is a child eligible to be adopted?

• A child has to be declared legally free to be adopted before being shown to a couple for adoption.
• If an unclaimed child is found, the ‘District Child Protection Unit’ has to advertise the particulars and photograph in a state-level newspaper with wide circulation within 72 hours.
• Local police have to submit a report about the child’s parents or any living family.
• Subsequently, if there isn’t any response ‘Child Welfare Committee’ can declare the child legally free for adoption.

What legal process has to be followed?

• The adoption petition is filed in court by the adoption agency and the proceedings are to be completed within two hearings.
• The petition has to be disposed within two months of its filing and the certified copy of the order has to be obtained within 10 days.
• Obtaining the birth certificate of the child with the names of the adoptive parents also has to be done.

Source: Indian Express