This article has been written by Ms. Mahi Agrawal, a first-year student at Hidayatullah National Law University, Raipur.
Abstract:
The article examines intra-family adoptions in India, where a child is legally adopted within their own family unit. Common in remarriage situations or when biological parents cant fulfil caregiving roles, the adoption process is explored in regard with Juvenile Justice (Care and Protection)Act, 2015. Societal perspectives and emotional dimensions surrounding intra-family adoptions, particularly involving step-parents or close relatives, are discussed. Beyond legalities, the article emphasizes the serious commitment demanded from relatives, step-parents, infertile couples, or benevolent families, delving into emotional complexities and challenges associated with the unique needs of adopted children. Importance of reassurance, support, and a proactive approach in addressing these emotional challenges has been highlighted.
Introduction
Adoption is a legal procedure facilitating the placement of a child into the case of a married couple who commit to nurturing the child as their own and assuming full responsibility. It unfolds usually when expectant mothers or couples in relationships come to the difficult realization that they are unable to raise their unborn child, encouraging them to consider the alternative of adoption. Adoption could be classified into various types, depending on both the birth mother and the prospective adoptive parents. Among diverse forms of adoption, intra-family adoption emerges as a distinctive approach, specially referring to situations where a child becomes legally adopted within their own family unit. The familial adoption commonly occurs when a step-parent assumes legal responsibility for the child after the biological parent has remarried. Additionally, intra-family adoption can unfold in the unfortunate circumstances where a child’s biological parents are no longer able to fulfil their caregiving roles due to death or incapacity. In such cases, an eligible family member steps forward, expressing the intent to adopt the child and provide a stable and loving home. One of the notable advantages of intra-family adoption lies in its ability to maintain a sense of continuity for the child. Unlike other forms of adoption that may involve a complete change in cultural and environmental surrounding, intra-family adoption ensures that the child remains connected to their familial and cultural roots. This becomes particularly crucial for older children, as the preservation of familiar surroundings contributes significantly to their emotional well-being during the adoption transition. The subsequent sections of this article delve into the legal complexities, societal perspectives, and emotional dimensions surrounding intra-family adoption in the Indian context.
Legal Complexities of Intra-Family Adoptions in India
Historically, adoption options were primarily available to the Hindu community through the Hindu Adoption and Maintenance Act of 1956. This legislation facilitated the adoption of Hindu children within the Hindu community, excluding other communities such as Muslims, Christians, and Parsis. Those belonging to non-Hindu communities had to resort to the Guardians and Wards Act of 1890, which established a relationship of a guardian and ward but did not provide a comprehensive legal structure for adoption. The initiation of a secular adoption law took place with the enactment of the Juvenile Justice (Care and Protection)Act in 2000. Subsequently, this legislation underwent amendments in 2015. According to the Act, children up to the age of 18 years are eligible for adoption (Section 2(12) of Juvenile Justice (Care and Protection) Act, 2015). The Act outlines various provisions regarding eligibility and procedures for adoption. Section 56(1) allows a couple or a single parent to adopt an orphan, abandoned, or surrendered child. Furthermore, Section 56(2) permits in-country parents to adopt children of relatives, and Section 60 facilitates inter-country adoptions.
Prospective adoptive parents are subject to stringent criteria outlined in Section 57 of the Act. Eligibility requires them to be physically fit, financially sound, mentally alert, and highly motivated to provide a good upbringing of the child. In the case of a couple, the consent of both spouses is necessary for adoption. Single or divorced are also eligible, provided they meet the specified criteria and adhere to the adoption regulations framed by the Authority. Certain restrictions and conditions are in place, such as the ineligibility of a single male to adopt a girl child. Additionally, couples must have a stable martial relationship of at least two years before being considered for adoption. The Act sets a minimum age difference of twenty-five years between the child and either of the prospective adoptive parents. However, these age criteria do not apply to relative adoptions and adoptions by step-parents. Furthermore, couples with three or more children are generally not considered for adoption, except in special cases involving special needs children, hard-to-place children, or relative adoptions and adoptions by step parents.
In the event of step-parents seeking to adopt their spouse’s children, the initial steps involves obtaining consent from the biological parent with whom the child is residing or, if not residing with either parent, from the relevant biological parent. Subsequently, the step-parents, in collaboration with the consenting biological parent, are required to submit an application to the court for the acquisition of an adoption order. Also, registration with the Central Adoption Resource Authority (CARA) in mandatory. If the child’s custody is subject to legal proceedings, the initiation of the adoption process is contingent upon the resolution of the court case.
Uncles, aunts, and grandparents from both sides of the family have the option to adopt a child. The process is comparatively straightforward when undertaken by these relatives, especially if the child is of the opposite gender compared to their biological child. For other relatives, a similar process is followed, although it may often necessitate court involvement.
Societal Perspectives and Emotional Dimensions Surrounding Intra-family Adoptions
In the context of Indian society, intra-family adoption has gained significance as a means to provide parental care to children, especially during their crucial formative years. Every child deserves a nurturing environment for optimal mental, emotional, psychological, and physical development. Intra-family adoptions, whether by step-parents or close relatives, are considered a viable and compassionate solution to ensure a child’s well-being. It is during the early years of a child that they form crucial attachments and bonds that significantly impact their future well-being. In the absence of biological parents, adoption by step-parents or close relatives becomes a key instrument in providing the necessary care and support.
Step-Parents as Real Parents:
When a child is adopted by a step-parent at a young age, a profound familial bond begins to develop. The child often starts regarding their step-parent as their real parent, reciprocating the love and respect that they would have bestowed upon their biological parents. In return, the step-parents, with genuine affection, embrace the child as their own, blurring the lines between biological and adoptive relationship.
Secure Foundations in Intra-Family Adoptions:
Intra-family adoptions hold a unique advantage as the child is already connected by blood to at least one of the adoptive parents. This inherent biological link provides a sense of security and stability for the child, fostering a more seamless integration into the adoptive family. The absence of personal or mercenary interest in these cases ensures that the child’s welfare remains paramount.
In Indian society, there is a positive view of intra-family adoptions as an effective and compassionate way to facilitate a child’s growth within a familial environment. The cultural emphasis on family ties and relationships further strengthens the acceptance of these adoptions. The community often views this practice as an altruistic act, demonstrating a collective commitment to the welfare of children who have lost their biological parent. In conclusion, adoption by step=parents or close relatives is seen as a genuine expression of love and responsibility, fostering a supportive environment for the child’s holistic development. The societal embrace of intra-family adoptions reflects a collective commitment to ensuring that every child grows up with love, care, guidance, and stability they deserve.
Challenges Associated with Intra-family Adoptions
Beyond the initial legal formalities, the adoption process demands a serious commitment from relatives, step-parents, infertile couples, or benevolent families. This commitment often triggers a range of emotions, form initial misgivings and fears about the future to the challenges associated with the unique needs of adopted children.
Adoptive Family Concerns:
The decision to adopt, whether by a relative, stepparent, or benevolent family, is a profound commitment that requires reassurance and support. adoptive families may grapple with uncertainties and fears, particularly if the adopted child has special needs. Offering early and continuous reassurance becomes crucial to establishing a sense of partnership in this journey.
Further, some adoptive parents may anticipate gratitude from their adopted children, only to be surprised when children exhibit typical self-absorption and demanding behaviour. Setting realistic expectations, applying consistent limits, and offering extra love and reassurance becomes essential components in creating a healthy adoptive family dynamic.
Children’s Grief and Identity:
Children involved in intra-family adoptions, unless very young, may experience grief over the loss of their biological parent(s), whether due to death, dysfunction, or other factors. Adopted children often grapple with questions of self-worth, wondering why their biological parents seemingly abandoned them. Addressing these emotional challenges requires a delicate balance of truth-telling about their origins and consistent reassurance of the love and permanence of their adoptive parents. Problems may surface in adolescence, when rebellion and identity exploration are common. Adoptive parents may grapple with fears that their adoptive children will display characteristics perceived as negative of their biological parents. Understanding the unpredictability of parenthood and providing ongoing support can help solve this problem.
Age-related challenges:
Adopted children who join their families at a young age tend to navigate these emotional challenges more smoothly when honesty remains a constant. However, challenges may intensify with older children who have experienced abuse or neglect, potentially testing the commitment of adoptive parents by exhibiting difficult behaviours. Acknowledging these issues and providing access to counselling, community resources, or support groups becomes imperative to support families though tough times. Also, acknowledging the dedication of adoptive parents, especially those who embrace special needs children, is crucial to foster shared understanding.
In conclusion, intra-family adoptions, while fulfilling and rewarding, come with their share of psychological and emotional challenges. Recognising and addressing these complexities requires a commitment to openness, honesty, and ongoing support.
Conclusion
Adoption, a deeply personal decision, bring forth a range of concerns for adopting parents, from parenting apprehensions to navigating interactions with relatives, communities, and schools. While post-adoption counselling exists in the form of aftercare.it is currently offered only upon request. It would be helpful to make post-adoption counselling mandatory. Furthermore, a fundamental aspect of ensuring a healthy family environment and the success of adoption lies in cultivating realistic expectations. Both parents and children should feel comfortable in their roles, building a relationship on mutual understanding, support and efforts. Encouraging children to be comfortable rather than demanding gratitude is key to nurturing a positive and harmonious family dynamic. It is through informed practices, mandatory counselling, and an empathetic understanding of the psychological dimensions involved that we can create a supportive environment for all parties involved in the adoption journey. References
- This article was published on Indian Parenting. The link for the same is herein:
https://www.indiaparenting.com/types-of-adoption.html
- This article was originally written by Bryanne Farr and uploaded on LinkedIn. The link for the same is herein:
https://www.linkedin.com/pulse/what-intrafamily-adoption-bryanne-farr/
- This article was originally written by Rachit Garg and published on Ipleaders. The link for the same is herein:
- This article was originally written by Anubhutti Matta and published on The Swaddle. The link for the same is herein:
https://www.theswaddle.com/know-your-rights-adoption-in-india
- This article was originally written by Aditi and published on Legal Service India. The link for the same is herein:
- This article was originally written by Dr. Barbara Howard and published on CHADIS. The link for the same is herein:
https://www.site.chadis.com/adoption-and-its-challenges