Adoption- Introduction

Even though India has no general law of adoption, the concept of adoption has its recognition in the society, which has the sole base of Child Welfare. In legal terms Adoption is a kind of affiliating a child, and in India personal laws govern it. Statutorily there is Hindu Adoption and Maintenance act, Guardians and Wards Act. Furthermore the conceptual clarity in numerous practices like Foster Care, Sponsorship, Open Shelter, Special Homes, Place of Safety, Children’s Home, Fit Facility, Government Shelter Homes, Child Welfare Committee, and many more elaborates the development of adoption laws in India.

Parentage and Child Love is recognised as aim of life in a social institution, therein adoption is the best blessing for child and parent welfare. It gives god’s child parents, and childless people child, the society observe this practice to help the society grow and groom. Since Muslims, Christians, Parsis, and Jews don’t have separate personal act for adoption, they all are governed by Guardians and Wards Act, under which they go through foster care. Wherein at the time being major under the foster care scheme, he may breach all his connections, and he has no inheritance rights as well. Furthermore, International Adoptions are also governed under the same act, where the adoptive parents has the reach to the doors of justice for adoption permission.

Lacunae in Child Welfare and Parentage under Adoption

Under the Indian legal framework the procedural delay and wastage of time of everyone is the grave concern, even adoption law are seem to be a lot time consuming as due to the elongated process. Many opinions came up with the suggestion for modernisation of the procedure, and on behalf of State there shall be awareness of adoption way of process. Mostly it takes a number of months and even years for domestic and international adoptions. However adoptive parents at times use distinct illegal ways, to avoid this long awaited approach and this shall be aimed by the State to resolve, otherwise in a few specific cases this shall be legal procedure.

Secondly, too much complicated and strict regulations towards the adoptions procedure also inspection process of adoptive parents and families and their eligibility as per rules. Such strict rules complicates the adoption process very difficult and most of the time the family fails to adopt a child.

Conflicts Arising Due To Such Lacunae

Due to such regulations and laws there are two perspective one is in the favour of child welfare and the other supporting the suffering prospective parents in the procedure. The procedure is strict and time consuming due to the formalities and documentation, whereas if such process is streamlined then the criminal offence relating to children like Child Trafficking, Child Beggary, Child Labour in foreign and domestic boundaries, etc. Furthermore, the issues might arise if the inspection process of the prospective adopting parents is not strong then situations might occur of Post-Adoption Negligence by the adoptive families and many more such circumstances are skip through the legal restrictions and regulations

Social Challenges to Adoption In India

Various cases are there of adoption agencies which perceive to be money printing through child deal, also due to lack of data research are not proper and reliable. Even though judicial advancement have promoted single parent as adoptive parent, yet society doesn’t follow such norms.

The adoption laws for Hindu has improved tremendously and so the position of women in the society. It is unreasonable that in India Muslims cannot legally adopt a child just because of lack of a uniform civil code on adoption.[1] Furthermore, Only on the basis of religion children are not adopted in the name of religious restrictions. Therefore, there exists the restriction on prospective parents as due to the religion.

Wherefore to correct such religious mistakes the secular law of adoption as uniform civil code shall be focused on and brought to limelight.

For child welfare it is important to resolve such issue with statutory amendments. And enactment of UCC can permit other religions adoptive parents as well as single parents to adopt the child legally. The Govt. would not only help prospective parents with legal heir, but also ensure proper care and protection of the helpless child.

Furthermore the Gender biasness in adoption laws, also discredit the more prospective and caring parent the right over the others. Unless her husband dies or suffers from any disability or renounces the world or so, a married woman cannot adopt, not even with the approval of the husband.[2] On the other side, with the wife’s approval, a husband may adopt. But such schemes shall be removed for social equality.

Suggestions and Conclusion
Family courts should make easements in the way towards promotion of child welfare in the welfare process of adoption and keep distance from time engagement and wastage. The statutory bodies and educated people are required to promote well-being and social infrastructure, so as to maintain the welfare is considered with the lengthy process of adoption the committee shall be set up to pray for enactments of laws in such a way that the social evil is not given way and the good prospective parent are not denied of adoption.

Furthermore, to the situation where the Inter-Country Adoption is considered, it is referred several times to be a new life to the helpless child, and they will have the best environment to grow up in well being with a good cause. However no compromise shall be made with respect to the security and identity of the child is considered.

However the legal framework has developed through a lot with the statutory improvements, the concerned committees, NGOs, Govt. Departments seems to work in proper guidance with the law, and effectively for the best advantage of the child and the parents.

The children constitute the most fundamental and valuable resource of any society and there is justice to the child as in the words of Rabindranath Tagore:
‘Every child when born brings with the hope that god is not yet disappointed with man.’

End-Notes:

1. https://www.scribd.com/document/363121610/Family-Project
2. https://thelawbrigade.com/family-law/adoption-law/child-adoption-in-india-a-comprehensive-study/