This article is written by Mr. Yashvardhan Chauhan a BA.LLB 3rd year student of Lloyd Law College, Greater Noida.
Abstract
This comprehensive article explores the multifaceted landscape of adoption in India, with a specific focus on the evolving paradigm of special needs adoption. Beginning with an overview of adoption laws, it delves into the eligibility criteria for prospective adoptive parents and the corresponding criteria for children eligible for adoption. The narrative emphasizes the legal, ethical, and compassionate dimensions of the adoption process.
A significant portion is dedicated to understanding the challenges faced by children with special needs in India, including societal stigma, limited access to education and healthcare, and a historical trend of institutionalization. The article underscores the benefits of special needs adoption, portraying it as a transformative journey for both the adoptive families and the children, contributing to personal growth and fostering inclusive communities.
The challenges associated with special needs adoption, particularly the scarcity of support systems and financial considerations, are candidly discussed. The article then explores the changing landscape of adoption practices, highlighting increased awareness, media influence, and the crucial role of non-governmental organizations (NGOs) in providing support services and advocating for enhanced adoption policies.
INTRODUCTION
Adoption stands as a legally sanctioned means of establishing a parental connection with an individual not biologically related to the adopting party. This intricate process involves the formal acceptance of a person as one’s lawful child, culminating in the severance of the individual’s prior familial bonds. Subsequently, the adopted individual is regarded as having been born into the adoptive family, thereby acquiring a spectrum of rights, duties, and social standing.
In recent years, there has been a growing recognition of the importance of special needs adoption in India. It emphasizes the exceptional care required for children with special needs in India, encompassing various challenges across physical, emotional, and developmental dimensions. Sensitivity and empathy become integral in addressing these unique needs, making the adoption process not only a legal and ethical commitment but a compassionate endeavour tailored to each child’s specific requirements.
LAWS GOVERNING ADOPTION IN INDIA
Adoption in India is subject to a comprehensive legal framework that has evolved to address the contemporary needs of society. The legal landscape encompasses various key legislations that shape the adoption process. The historical Children’s Act of 1920 paved the way for child welfare by allowing the adoption of abandoned or orphaned children, with adoption being subject to personal laws, rendering it a religious concern.
The Guardians and Wards Act of 1890, though primarily addressing guardianship, played a crucial role in situations where adoption was not permissible under personal laws, allowing individuals to assume guardianship. A landmark development was the Hindu Adoption and Maintenance Act of 1956, providing a dedicated legal structure for adoption within the Hindu community, including Sikhs, Buddhists, and Jains. This legislation established procedures for adopting a child and ensured the seamless transfer of parental rights and responsibilities to adoptive parents.
The more recent Juvenile Justice (Care and Protection of Children) Act of 2015 marked a pivotal shift, emphasizing a child-centric approach. It focuses not only on adoption but also on broader issues related to the care and protection of children, aligning with contemporary welfare principles. The Central Adoption Resource Authority (CARA) plays a pivotal role in regulating adoption, with the 2017 Adoption Regulations providing detailed guidelines. CARA operates under the Ministry of Women and Child Development. Amendments strive for a uniform and inclusive adoption framework, incorporating international standards and ethical considerations.
WHO CAN ADOPT IN INDIA:
- Eligibility Criteria for Prospective Adoptive Parents (PAPs):
- Age: The minimum age for adopting parents is 25 years, and there should be a minimum age difference of 25 years between the child and either of the adoptive parents.
- Marital Status: Both married couples and single individuals are eligible to adopt. However, a single male cannot adopt a girl child.
- Health: Prospective adoptive parents should be physically and mentally fit.
- Financial Stability: PAPs should have a stable income to provide for the child’s well-being.
- Adoption Agencies:
- Adoption can be facilitated through adoption agencies that are recognized by the Central Adoption Resource Authority (CARA).
- Prospective adoptive parents need to register with a recognized adoption agency.
WHO CAN BE ADOPTED UNDER INDIAN LAW:
- Eligibility Criteria for the Child:
- Age: A child up to the age of 18 years can be adopted.
- Abandoned, Surrendered, or Orphaned: Children who are abandoned, surrendered, or orphaned are eligible for adoption.
- Availability: If a child cannot be placed with his or her biological family or extended family, and efforts to rehabilitate the child with the biological family fail, the child may be declared legally free for adoption.
- Preference for Adoption:
- Efforts are made to place children in adoption with Indian citizens, and non-resident Indians (NRIs) are also allowed to adopt.
- The adoption of children with special needs, older children, or siblings is encouraged.
It’s important to note that the adoption process involves various legal procedures, documentation, and counselling sessions. Prospective adoptive parents need to adhere to the guidelines set by CARA and work through recognized adoption agencies to ensure a legal and ethical adoption process. Adoption laws and regulations may be subject to change, so it’s advisable to check for the most recent updates or consult legal professionals for the latest information.
UNDERSTANDING SPECIAL NEEDS ADOPTION:
Special needs adoption involves adopting children who have physical, emotional, or developmental challenges. These challenges can range from medical conditions and disabilities to a history of trauma or neglect. In the context of India, where societal attitudes toward disabilities are evolving, there is a pressing need to address the specific needs of children with diverse abilities.
CHALLENGES FACED BY CHILDREN WITH SPECIAL NEEDS:
Children facing special needs confront a multitude of challenges, among which societal stigma and discrimination loom large. Rooted in deep-seated cultural beliefs, prevalent misconceptions about their capabilities and potential often hinder their acceptance within communities.
The accessibility to education and healthcare poses another formidable hurdle for these children, particularly in a diverse country like India. Disparities in the availability of specialized services result in many children being deprived of essential interventions that could significantly enhance their overall quality of life.
Compounding these challenges is the historical trend of disproportionately placing children with special needs in institutional care in India. The absence of family-based care options not only impedes their developmental progress but also poses a threat to their emotional well-being. This institutionalization trend has far-reaching consequences for the holistic growth of these children, emphasizing the urgent need for a more inclusive and supportive approach.
BENEFITS OF SPECIAL NEEDS ADOPTION:
Embracing the journey of special needs adoption offers families a profound and enriching experience. One of the most significant rewards is the opportunity to provide unconditional love and acceptance to a child who may have experienced rejection or neglect in the past. This act not only transforms the life of the adopted child but also brings a deep sense of purpose and joy to the adopted family.
The process of adopting a child with special needs is not without its challenges, requiring adaptability and resilience. Families embarking on this transformative journey often find themselves experiencing substantial personal growth. Navigating the unique needs of their adopted child fosters qualities of patience and compassion, contributing to the family’s overall resilience.
Beyond the individual family unit, special needs adoption plays a crucial role in fostering inclusive communities. By choosing to embrace diversity and challenge societal norms, adoptive families become advocates for a more compassionate and inclusive society. Their actions not only reshape the narrative around special needs but also inspire others to embrace a broader understanding of acceptance and humanity.
CHALLENGES IN SPECIAL NEEDS ADOPTION:
Special needs adoption comes with its own set of challenges, primarily stemming from the existing limitations in support systems. Despite increasing awareness, adoptive families often find themselves grappling with a scarcity of resources, including therapy and educational tools tailored to address the unique needs of the children they welcome into their homes.
Financial considerations further compound the challenges associated with special needs adoption. The responsibility of caring for a child with special needs brings additional financial burdens, encompassing costs related to medical care, therapeutic interventions, and specialized education. These financial implications can prove to be a significant hurdle for families keen on special needs adoption, potentially impacting their decision-making process and the overall accessibility of this compassionate avenue of parenting.
CHANGING LANDSCAPE OF ADOPTION PRACTICES
The transformation in adoption practices signifies a substantial evolution in societal perspectives, policies, and the functions of diverse stakeholders. The following key aspects provide a detailed exploration of this shift:
- Increased Awareness and Advocacy:
- Shifting Perspectives: Notable transformations in societal attitudes toward adoption have emerged. A heightened understanding of the needs of orphaned or abandoned children, coupled with an increased awareness of the benefits of adoption, has led to a more favourable perception.
- Media Influence: Movies, documentaries, and media campaigns have wielded considerable influence in shaping public opinions and debunking prevalent myths surrounding adoption. Positive portrayals in popular culture actively challenge stereotypes, inspiring potential parents to seriously consider adoption.
- Education Initiatives: Both governmental and non-governmental organizations (NGOs) have spearheaded educational programs and campaigns. These initiatives serve to enlighten the public about the intricacies of the adoption process, its legal aspects, and the emotional dimensions associated with adopting children.
- Non-Governmental Organizations’ Role:
- Support Services: NGOs play a pivotal role in furnishing essential support services to adoptive parents and children. This encompasses counselling, provision of educational resources, and assistance in navigating the often intricate adoption process.
- Advocacy and Lobbying: NGOs are frequently at the forefront of advocating for enhanced adoption policies and legislation. Their efforts are directed towards establishing a legal framework that is unequivocally supportive of adoption. Furthermore, they actively lobby for reforms that streamline and expedite adoption procedures.
- International Adoption: Certain NGOs specialize in international adoption, facilitating the seamless adoption of children from one country by families in another. Negotiating the complexities of legal and cultural nuances, these organizations connect children with families in diverse geographical and cultural contexts.
- Breaking Societal Barriers:
- Stigma Reduction: A gradual reduction in societal stigma related to adoption is underway. Endeavours by advocacy groups, celebrities, and influential figures to share positive adoption stories have been instrumental in dismantling the enduring stigma associated with adopting children.
- Inclusive Policies: Governments are increasingly enacting policies that foster inclusivity in adoption, irrespective of variables such as race, ethnicity, or marital status. These policies are instrumental in dismantling traditional societal barriers that may have previously impeded certain groups from engaging in adoption.
- Cultural Sensitivity: Adoption practices are now characterized by an enhanced level of cultural sensitivity. Efforts are consciously made to preserve the cultural identity of adopted children, recognizing the paramount importance of heritage. Families are provided with support to navigate the complexities inherent in transracial or transcultural adoption.
CONCLUSION
In conclusion, the landscape of adoption in India, particularly in the context of special needs adoption, reflects a transformative journey marked by legal evolution, societal awareness, and compassionate endeavours. The article underscores the legal intricacies surrounding adoption, emphasizing the evolving framework that addresses contemporary needs. The specific focus on special needs adoption sheds light on the challenges faced by these children, from societal stigma to institutionalization trends, emphasizing the urgent need for inclusive approaches.
Despite the challenges, the benefits of special needs adoption are highlighted as families embark on a profound and enriching experience, contributing to personal growth and fostering inclusive communities. The article delves into the changing adoption practices, emphasizing increased awareness, media influence, and the instrumental role of NGOs in advocating for supportive policies. The societal shift toward reducing stigma, inclusive policies, and cultural sensitivity signifies a positive trajectory. As India embraces a compassionate approach, the nation moves closer to meeting the unique needs of every child, fostering a society grounded in diversity, acceptance, and the transformative power of unconditional love.
REFERENCES
- B.M. Gandhi’s Hindu Law, Sumeet Malik, 9789351453949, 4th
- The Guardians and Wards Act, 1890
- The Hindu Adoption & Maintenance Act, 1956
- Juvenile Justice (Care and Protection of Children) Act, 2015
- https://cara.wcd.gov.in/