This article has been written by Gaurangi, BA.LL.B 3rd year, Lloyd Law College

Introduction

Adoption, a transformative journey shaping the lives of children and parents alike, holds a unique place in the diverse cultural territory of India. In recent years, single-parent adoption (SPA) has emerged as a distinctive facet of this transformative process, challenging societal norms and fostering inclusivity. This article deals into the landscape of adoption in India, shedding light on the challenges faced by single parents and the diverse dimensions of this evolving journey.

Understanding Adoption in India

Adoption in India is intricately woven into the fabric of diverse personal laws, encompassing Hindus, Muslims, Christians, and Parsis. The Juvenile Justice (Care and Protection of Children) Act, 2015, serves as the overarching legal framework, emphasizing the paramount importance of the child’s welfare. The Central Adoption Resource Authority (CARA) acts as a pivotal regulatory body, overseeing and facilitating adoptions throughout the country.

Legal Framework for Single-Parent Adoption

While legal provisions for adoption exist, the landscape varies across religious affiliations. The Hindus Adoptions and Maintenance Act, 1956, permits unmarried females and mentally sound males to adopt. Muslim Personal Law recognizes “kafala,” a form of legal guardianship, and Christians can adopt through the Guardians and Wards Act of 1890. Despite these variations, the Juvenile Justice Act provides a common ground, allowing single individuals, including single parents, to adopt through CARA.

Challenges Faced by Single Parents

1. Societal Stigma and Perceptions:

   – Single parents, especially in the Indian context, often confront societal stigmas associated with non-traditional family structures. The prevalent belief that a child should be raised by a conventional heterosexual couple poses a significant challenge for single parents.

2. 2. Eligibility Requirements:

   – Adoption agencies and states may impose stringent eligibility criteria, encompassing factors such as age and income. These criteria can present obstacles, making it more challenging for single parents to qualify and navigate the adoption process.

3. Home Study Process:

   – The home study process, a pivotal component in assessing the suitability of adoptive parents, becomes more intricate for single parents. Additional documentation and the demonstration of a robust support system are often required to prove their capability to provide a nurturing environment.

4. Financial Burden:

   – The financial implications of adoption can be burdensome, and for single parents, the entire financial responsibility falls solely on their shoulders. This added burden can be a significant challenge in the adoption journey.

5. Emotional Support:

   – The emotional journey of adoption, marked by anticipation and longing, can be overwhelming. Single parents may require additional emotional support and guidance throughout the process, necessitating a robust support system.

Single Parent Adoption: An Indian Perspective

In their insightful article, “Single Parent Adoption: An Indian Perspective,” Dr. Piyush Gupta and Payal Gupta shed light on the nuanced challenges and prevailing perceptions surrounding SPA in India. The authors emphasize the societal biases and discriminatory practices that single parents often encounter. Despite legal provisions, the article underscores the pressing need for a more inclusive and supportive approach toward single-parent adopters.

Research and Perspectives on Single Parent Adoption

1. Limited Scientific Work:

   – The article acknowledges the scarcity of scientific research on SPA in India, highlighting the resulting uncertainties surrounding this unique adoption model. This paucity of research contributes to an environment of uncertainty and skepticism surrounding SPA.

2. Adjustment Issues and Outcomes:

   – Existing studies, both in India and globally, suggest common adjustment issues for adoptees, irrespective of single or two-parent adoptions. The psychological and educational outcomes of children in single-parent households are comparable to those in two-parent households, challenging prevalent misconceptions.

3. Rise in Single Parent Adoptions:

   – Contrary to challenges, there has been a steady increase in SPA in recent times in India. The article posits that, in some cases, SPA might be better suited to emotionally disturbed children, citing studies that indicate lower emotional and behavioral issues in adoptees of SPA.

Policy Considerations and the Way Forward

The article raises critical questions about streamlining the approval process for single parents. It advocates for policy decisions rooted in the best interests of the child, emphasizing the importance of abolishing discriminatory policies against SPA. The authors argue that, in many instances, the alternative for children is life in an orphanage, making the need for a more inclusive approach paramount.

Ethical Considerations and the Vicious Loop

The article underscores a perceived “vicious loop” in adoption research, where studies routinely compare SPA with a “two-parent model.” The authors contend that this comparison is unreasonable and unfair, as it denies single parents the joys of parenting and children the opportunity to experience life outside the confines of an orphanage.

Conclusion

In conclusion, the evolving landscape of adoption in India signifies a departure from traditional norms, with single-parent adoption emerging as a significant aspect. While challenges persist, the pressing need for a more inclusive and supportive approach becomes evident. As India progresses, embracing diverse family structures is not only a testament to societal evolution but also crucial for the well-being of adopted children and the fulfillment of the desires of prospective single parents.

The Need for Inclusivity

India, with its rich cultural tapestry, is witnessing a paradigm shift in the understanding of family dynamics. The rigid definition of a conventional family, with a mother and a father, is giving way to a more inclusive perspective. Single-parent adopters, driven by a genuine desire to provide a loving home, challenge societal norms and contribute to the growing acceptance of diverse family structures.

Research and Perspectives on Single Parent Adoption: Unraveling the Skepticism

The skepticism surrounding single-parent adoption often stems from a lack of extensive scientific research. Dr. Piyush Gupta and Payal Gupta’s article delves into this gap, acknowledging the limited scientific work on SPA in India. The uncertainty surrounding SPA, as highlighted in their work, underscores the need for more comprehensive studies to unravel the complexities and benefits associated with single-parent adoptions.

Adjustment Issues and Outcomes: Challenging Misconceptions

Contrary to prevalent misconceptions, research indicates that the adjustment issues and outcomes for adoptees in single-parent households are comparable to those in two-parent households. Studies conducted both in India and globally emphasize that the emotional and behavioral stability of children in SPA setups can be on par with, or even better than, their counterparts in traditional family structures.

Rise in Single Parent Adoptions: A Testament to Resilience

Despite the hurdles and challenges, the steady increase in single-parent adoptions in India is a testament to the resilience and determination of individuals seeking to become parents. The notion that SPA might be better suited for emotionally disturbed children challenges stereotypes and encourages a more nuanced understanding of what constitutes a nurturing family environment.

Policy Considerations and Advocacy for Change

As we navigate the complexities of adoption policies, it becomes imperative to consider the best interests of the child. The article by Dr. Piyush Gupta and Payal Gupta advocates for a policy shift, urging authorities to abolish discriminatory practices against single-parent adopters. The argument rests on the premise that denying adoption to single parents may lead to children remaining in orphanages rather than experiencing the warmth of a home.

Ethical Considerations: Breaking the Vicious Loop

The perceived “vicious loop” in adoption research, as highlighted in the article, prompts a reevaluation of the methodologies used in comparative studies. Instead of pitting single-parent adoption against a “two-parent model,” the focus should shift towards comparing the lives of children in single-parent households with those in orphanages. This nuanced approach is grounded in the understanding that, in many cases, the alternative for a child without a single parent is no parent at all.

Embracing Diversity: The Way Forward

The evolving narrative of adoption in India reflects broader societal changes. Embracing diversity in family structures is not only a reflection of progress but also a commitment to the well-being of children. Single-parent adopters, along with their counterparts in traditional families, contribute to the mosaic of love, care, and support that defines the essence of parenting.

References

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