New Rules of Adoption Procedure

Table of Contents

Adoption Procedure in India

The Hindu Adoption and Maintenance Act, 1956 (HAMA) and the Juvenile Justice Act, 2015 govern Adoption Procedure in India.
- Individuals applying under the JJ act have to register on CARA’s portal after which a specialised Adoption Procedure agency carries out a home study report.
If the study finds a candidate eligible according to Adoption Procedure, a child declared legally free for adoption is referred to the applicant.
- To obtain irrevocable adoption rights under HAMA, a “dattaka hom” ceremony or an Adoption Procedure deed or a court order is sufficient.
There are no rules for monitoring adoptions and verifying sourcing of children and determining whether parents are fit to adopt.
Problems in the Adoption Procedure:
- Lesser children: There are fewer children in CARA’s registry. There are about 2,188 children in the adoption pool, while there are more than 31,000 parents waiting to adopt.
- Corruption: The centralized system CARA was aimed to reduce corruption and malpractices in Adoption Procedure but has not been successful completely.

The changes were brought in through the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021. They are:

Adoption Procedure Changes: One of the changes made in the act authorizes District Magistrates and Additional District Magistrates to issue adoption orders under Section 61 of the JJ Act by removing the word “court”.
Adoption Procedure Aim: The aim of the change was to ensure speedy disposal of cases and enhance accountability.
Powers and functions: The District Magistrates have been empowered under the Act to inspect childcare institutions and also evaluate the functioning of district child protection units, child welfare committees, juvenile justice boards, specialised juvenile police units, childcare institutions etc.
Other key changes for Adoption Procedure:
- Appeals: Adoption Procedure Bill provides says that person against an adoption order passed by the District Magistrate can file an appeal before the Divisional Commissioner within 30 days.
- Membership of CWC: The law provides eligibility for being a member of Child Welfare Committees (CWCs).
- Removal of members: A member of CWC, who fails to attend the proceedings of the committee consecutively for three months without any valid reason or if they fail to attend less than three-fourths of the sittings in a year can be removed.
- Type of offence: The new law provides that an offence which is punishable with imprisonment between three to seven years to be non-cognizable (arrest is allowed without warrant).

Restart Adoption Procedure: Cases that were before the courts for the past several months will have to be transferred and the process will have to restart.
Adoptive parents in the country are concerned that the transfer process will further delay the already long and tedious process.
Confusions regarding new Adoption Procedure law: Neither judges, nor DMs are aware about the new changes in the JJ Act leading to confusion in the system and delays.
Unable to access education and healthcare: A child can’t get admission into a school as parents don’t yet have a birth certificate, or parents are unable to claim health insurance if a child is admitted to a hospital.
Future validity: There are also questions raised whether an order passed by the executive will hold when an adopted child’s rights on succession and inheritance are contested before a court.

It is a statutory body under the Juvenile Justice Act, 2015, working under the aegis of Ministry of women and child development.
Its objective is to regulate and monitor inter-country and in-country adoptions.