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7.3 Adoption and Related Problems in India

Adoption in India is a legal process aimed at providing children without families a stable home, governed by various laws including the Hindu Adoption and Maintenance Act and the Juvenile Justice Act. Despite its purpose, the adoption system faces significant challenges such as bureaucratic delays, societal stigma, child trafficking, and legal complexities. Addressing these issues through legal reforms and awareness campaigns is essential to protect children's rights and improve the adoption process.

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217 views

7.3 Adoption and Related Problems in India

Adoption in India is a legal process aimed at providing children without families a stable home, governed by various laws including the Hindu Adoption and Maintenance Act and the Juvenile Justice Act. Despite its purpose, the adoption system faces significant challenges such as bureaucratic delays, societal stigma, child trafficking, and legal complexities. Addressing these issues through legal reforms and awareness campaigns is essential to protect children's rights and improve the adoption process.

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kashvid78
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Assignment on Adoption and Related Problems in India

1. Introduction

Adoption in India is a legal process by which a child is permanently placed with


parents who are not their biological parents. The concept of adoption in India is
shaped by various personal laws, and while there are multiple legal frameworks,
it is often viewed as a way to provide a child with a permanent family
environment and protect their rights. Adoption provides many children who
may have been abandoned, neglected, or orphaned the opportunity for a loving
and stable home.

However, despite its noble intentions, adoption in India faces several issues,
such as societal stigma, bureaucratic delays, and legal complexities.

2. Meaning of Adoption

Adoption is a legal procedure wherein a child, who is not the biological


offspring of the adopting parents, is legally made their son or daughter. Once
adopted, the child gains the same rights as a biological child of the adoptive
parents, including inheritance rights.

There are two primary legal frameworks for adoption in India:

 Hindu Adoption and Maintenance Act, 1956 (HAMA): Governs


adoption for Hindus, Buddhists, Jains, and Sikhs.

 The Juvenile Justice (Care and Protection of Children) Act, 2015:


Governs adoption for non-Hindus, including Muslims, Christians, and
others.

 The Adoption Regulations, 2017: Operate under the Juvenile Justice Act
and govern the adoption process.
3. Legal Framework for Adoption in India

 Hindu Adoption and Maintenance Act, 1956 (HAMA):

o Only Hindus can adopt under this Act.

o Adoption is permitted for both males and females, with specific


procedures for adopting a child.

o The adopted child becomes a legal heir and has the right to
inheritance.

o In the case of a girl child, the adoption is required to be with the


consent of the female adopter (in case of a married woman, the
husband’s consent is required).

 The Juvenile Justice (Care and Protection of Children) Act, 2015:

o Governs adoptions for non-Hindus, including Muslims, Christians,


and others.

o Provides a uniform process for adoption and protects the rights of


children in need of care and protection.

o This Act includes provisions for institutional care, foster care, and
adoption.

 The Adoption Regulations, 2017:

o The regulations provide a detailed procedure for the adoption


process, including registration, home studies, and the final
adoption.

o They ensure that the child's best interests are protected and that the
adoption process is transparent.
4. Problems Related to Adoption in India

Adoption in India, while meant to protect the rights of children and give them a
family, faces several challenges and problems:

 Bureaucratic Delays:

o One of the major issues is the time-consuming nature of the


adoption process. The legal procedures and paperwork are often
delayed due to inefficiencies in the system.

o The child protection services and adoption agencies are often


understaffed or overburdened, which contributes to long waiting
times for adoption.

 Child Trafficking:

o There have been reports of illegal adoptions and child trafficking,


where children are sold or coerced into being adopted by
unscrupulous individuals.

o The legal framework to prevent trafficking is sometimes


insufficient or not properly enforced.

 Lack of Awareness:

o Many people in India are still unaware of the legal process of


adoption, and there is often confusion about how to go about it.

o Social stigmas and myths surrounding adoption lead to fewer


people being willing to adopt children.

 Socio-Cultural Factors:
o In Indian society, adopting a child can be considered taboo or
stigmatized, particularly due to concerns over lineage and
inheritance.

o Some families may not be open to adopting children, especially if


the child is of a different caste, religion, or ethnic background.

 Limited Number of Available Children:

o Despite the large number of children in orphanages, only a small


proportion of children are available for adoption, due to factors like
parental consent and guardianship issues.

o Most children available for adoption are either older children or


those with special needs, and there are fewer newborns and infants.

 Legal Complexities:

o Different personal laws for different religions create complications


when attempting inter-religion adoption.

o Issues like guardianship and consent from biological parents can


also cause delays and complications in the adoption process.

5. Case Law Related to Adoption in India

1. L. K. Verma v. Union of India (1998)

o The case examined the constitutional validity of the Juvenile


Justice Act and its provisions concerning adoption. The court
emphasized the need for a uniform adoption law for all children,
irrespective of their religion, to ensure better protection of
children's rights.
o It held that adoption should be based on the child's welfare, not on
the religion or social background of the adoptive parents.

2. Shahid Sardar v. State of Gujarat (2001)

o This case highlighted the difficulties in the adoption process,


including bureaucratic delays and the complexity of obtaining
consent from biological parents. The court observed that these
delays violate children's rights to family care and proper
upbringing.

3. K. K. Verma v. Union of India (2016)

o This case brought attention to child trafficking in the adoption


process, with an emphasis on the exploitation of vulnerable
children. The court called for stricter enforcement of child
protection laws, particularly the need to track and verify the
background of adoptive parents.

4. Pradeep Kumar Jain v. State of Tamil Nadu (2017)

o This case involved a legal challenge regarding the availability of


children for adoption under the Juvenile Justice Act. The court
ruled in favor of simplifying the adoption procedure to make it
more efficient, transparent, and in the best interests of the child.

6. Conclusion

Adoption plays a vital role in giving orphaned and abandoned children a chance
at a better life. However, adoption in India is marred by several challenges,
including bureaucratic delays, legal complexities, societal stigma, and child
trafficking. Legal reforms and greater awareness campaigns are crucial to
address these issues and ensure that the rights of children are protected. By
improving the adoption process, India can ensure that more children are placed
in loving, stable homes and have the opportunity to grow up with the support
and care they deserve.

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