CHILD ADOPTION IN INDIA – AN OVERVIEW

-          Dr. Nilima Mehta *

I.                     Introduction

Among the non-institutional services for children in difficult circumstances, Adoption is the most recommended form of rehabilitation for the orphaned, abandoned and destitute child, since it ensures the Child’s Right to a Family and involves permanency planning. Reciprocally, it also meets the needs of persons who are considering parenthood through adoption.

The attitude towards adoption of children in urban India has witnessed a significant change in the last decade. Adoption of an unrelated child into the family is gaining acceptance and more Indian couples are coming forward to adopt. The national adoption programme received an impetus because of the promotional efforts of social welfare organisations that created   awareness in the community about adoption. The focus is now moving from “parent-centred” to “child-centred” adoptions and from the concept of “child for a family” to “family for a child”.

II.                   Historical perspective

Child adoption in India has been a prevalent social practice from ancient times but with a different perspective. Earlier the practice was to adopt a child from one’s own family and a childless couple took it upon themselves to “adopt” and bring up a relative’s child. The primary consideration was the interest of the childless adoptive parents, namely, the perpetuation of family name and lineage, protection in old age, performance of death rites and salvation of the adoptive parents. Adoption in this case was influenced by patriarchal values and meant the adoption of only a male child – providing a “son to the sonless”. The practice of adoption did not take into consideration the needs of the orphaned, abandoned or destitute child. Adoption was not so much for the child or his/her welfare or to give shelter to the child in need, but a social practice that met the needs of the prospective adoptive parents.   

The adoption of an unrelated child into the family had its beginnings in the sixties. Intervention of child welfare agencies in the process of adoption began only in the early seventies. The professional intervention

·          Chairperson, Child Welfare Committee, Mumbai, India

·          Consultant FSC, IAPA, CRY, CHILDLINE, ICCW

·          Visiting Faculty, College of Social Work

led to a systematisation of the process so that the best interest of the child, adoptive parents and the birth parents could be protected. The adoption programme saw significant changes in the eighties at the legal, social and practice levels. The practice of adoption is also witnessing an evolution where the “Best interest of the Child” is becoming the focus of adoption. With the awareness of the UN Convention on the Rights of the Child (CRC) the attention of child welfare agencies is shifting from “a child for a family” to “a family for a child.”

III.                 Evolving Scenario and Changing Trends

The attitude towards adoption in urban India has changed significantly in the last decade. The adoption of an unrelated child is now receiving acceptance in the Indian society. The sensitisation and awareness of society to this issue has also helped to create a more positive climate for adoption. Now more childless couples and single parents are considering the adoption option. Some years ago it was only the adoption of a male child that was common but today, more couples are coming forward to adopt girl children.

Prospective adoptive parents have now begun to understand the legal and social process of adoption and recognise the need to go through child welfare agencies, since it ensures legal security, both for the adopted child and the parents. Private adoptions that were done earlier directly through hospitals are discouraged because there is a risk involved in the process and there is no future legal security for the child and the parents.

On the legal front, the Supreme Court Judgement pronounced in 1984, gave the desired legal frame of reference to the adoption programme. The judgement provided norms and guidelines for placement of children in Inter- Country Adoption and also brought in the intervention of the government in regulating and monitoring adoption work. The judgement also clearly defined the functions of placement agencies, scrutinising agencies and the voluntary co-ordinating agencies thus bringing in the necessary checks and balances to ensure that there were no malpractices.

Child welfare agencies began to prepare Home Study Reports, Child Study Reports and other relevant documents for legalisation of adoption through courts. Scrutiny agencies were appointed by the Court to peruse all the relevant documents related to the child and to ensure that the adoption was in the best interests of the child. Voluntary co-ordinating agencies that were established facilitated collaboration between adoption agencies to ensure that every child received an opportunity to be rehabilitated within an Indian family. Whenever this was not possible the child would be placed in Inter- Country Adoption.

 The earliest Inter-Country Adoption placements from India were mainly to countries like Sweden, Norway, Denmark, Switzerland and Holland. The adoptions to USA were also a significant number but many of these were not considered Inter-Country Adoptions since they were to families of Indian origin who had migrated to the US. The adoptions done through child welfare agencies were of unrelated children, who were orphans and not of relatives. International Adoptions involve the universal issue of evolving ethical practices that ensure the best interest of the child in the receiving country. Inter-country adoption is the adoption of children from countries that are unable to rehabilitate the orphaned, abandoned and destitute children within their own country. In India, Inter-country adoptions began in the sixties and saw a considerable rise in the next two decades. Adoption agencies in the West established linkages with child welfare agencies in India for the purpose of Inter-country adoption. Several malpractices were brought to light by the media and in response to this a writ petition was filed in the Supreme Court in India. This eventually led to the historical Supreme Court Judgement of 1984, which attempted to regulate Inter-country adoption. The U.N. Convention on the Rights Of the Child clearly enunciates that every country must first make exhaustive efforts to ensure that the child grows up within his/her own social-cultural milieu and with parents of the same ethnic origin because this is in the best interest of the child. However, when there are circumstances that are compelling and it is not possible to locate suitable adoptive parents within their own country, then the next best option is an adoptive family in another country, and the last resort should be residential/institutional care.

As for research related to adoption in India, it is limited and does not give any significant data related to the trends and outcome of adoptions. Some of the findings reflect that, except in larger cities, families in India are still in favour of relative or family based adoptions. In urban areas this attitude is changing and more families are willing to adopt an unrelated child and also the family and community at large have a positive attitude towards adoption. Research related to the Indian children’s adjustment in inter-racial adoption is also quiet limited. Generally domestic adoption placements have been successful as per the experience of most adoption agencies in India.

IV.                 Legal Situation: Laws, Judgements, Guidelines

In India, there is no special law of adoption that is applicable to all Indians, irrespective of their religious affiliation. It is the right of every child to be brought up in a secure and nurturing family to ensure a positive, mental, social, emotional and spiritual growth. It is the responsibility of the State and society to see that this right is guaranteed to the child in his/her own biological family. Where this is not possible due to compelling circumstances, it becomes necessary to create a new family by adoption, so that a child’s long- term needs are met and the future legal status of every child is protected and assured. There is no special law of adoption in India that can protect the right of the child to be brought up in a nurturing family environment, that gives equal rights and opportunities to the adoption of girl children and adoption by women, and which is applicable to all Indians, irrespective of their religion. With the enactment and amendment of the JJ Act, to some extent these issues have been addressed.

The legislation related to adoption are as follows:

·          Hindu Adoption and Maintenance Act, 1956 (HAMA, 1956)

·          Guardians and Wards Act, 1890 (GWA, 1890)

·          Juvenile Justice (Care and Protection of Children) Amendment Act 2006

Adoptions in India are at present governed by personal laws and therefore only Hindus can avail of HAMA, 1956.  Personal laws for Muslims, Christians, Parsis and Jews do not recognise adoption, but only guardianship and hence persons belonging to these communities desirous of “adopting a child” can do so only in guardianship under the provisions of GWA, 1890.  This does not provide the child the same status as that of a child born to the family.  This act confers only a guardian-ward relationship.

The JJ Act is an attempt to provide a legislation to overcome the above lacunae and is applicable to all adoptive parents, so the option is now available to adopt under the JJ Act.

The Supreme Court in its landmark judgement of 6^th February 1984 laid down certain procedures for processing guardianship petitions in the case of inter-country adoptions.

The purpose of the Judgement was to provide certain guidelines, lay down principles, norms and procedures for adoptions with the object of ensuring the best interest of the child, and ensure transparency in the process.

CARA – Central Adoption Resource Authority - Was set up in 1986 as an outcome of the Supreme Court Judgement. CARA issues guidelines periodically to regulate adoptions.

The aims and objectives of these guidelines are to provide a sound basis for adoption within the framework of the norms and principles laid down by the Supreme Court.

The guidelines incorporate within them adoption procedures, the process to be followed and the role of various agencies in the field of adoption.

ROLE OF VARIOUS AGENCIES IN THE PROCESS OF ADOPTION (An Overview)                                                                                 

Role of Central Adoption Resource Authority (CARA)

·          Facilitate and promote In-Country Adoption of Indian children

·          Act as a clearing house of information with regard to children legally free for adoption and to regulate, monitor and develop programmes for rehabilitation of children

·          Receive copies of applications of foreigners from Enlisted Foreign Adoption Agencies (EFAA) for Inter-Country adoption through a recognised child welfare agency and issue a NOC after necessary procedures

·          Monitor and regulate the working of Recognised Indian Placement Agencies (RIPA) recognised by CARA

·          Maintain a list of all Foreign and Indian agencies for adoption, enlisted by the Government of India, CARA

·          Maintain a liaison with Indian Diplomatic missions abroad in order to safeguard the interests of children of Indian origin by foreigners

·          Arrange every year a meeting of all recognised placement agencies, ACAs and scrutinising agencies

·          Receive periodical data from recognised agencies about children available for and children given in adoption

·          Inspect the Indian recognised child welfare agencies and call for the annual audited statement of accounts

·          Obtain periodical progress reports of children adopted by foreigners

·          Mobilise the community and create awareness for promotion of In- Country Adoption

·          Arrange training programmes for social workers and other functionaries involved in the process of adoption

·          Initiate action on any activity related to adoption of Indian children.

Role Of Adoption Coordinating Agency (ACA)

·          Actively promote In-Country Adoption and undertake activities for the same

·          Maintain a central list of prospective adoptive parents and children legally free for adoption, within its area of functioning

·          Co-ordinate between member adoption agencies and other ACAs to ensure that priority is given to In- Country adoption

·          Issue a clearance certificate for children within one month from application, to children who cannot be placed in In-country Adoption so as to enable the child to be placed in Inter-country adoption

·          Call for a meeting of member agencies, at least once in every quarter

Role Of Adoption Scrutiny Agency (ASA)

·          Appointed by the Court to scrutinise all the relevant documents of the child and prospective adoptive parents

·          Ensure that the child is legally free for adoption

·          Ensure that the placement is in the best interest of the child

·          Receive regular follow-up reports and ensure that legal adoption is completed in the receiving country

Role Of State Governments

·          Maintain a list of all Children’s Homes registered, licensed, recognised under various laws

·          Maintain a list of all adoption agencies in the State

·          Issue recognition to agencies as SAA – Specialised Adoption Agency  for In-Country adoption as per procedures laid down

·          Forward applications of SAAs for Inter-Country Adoption Recognition to CARA after proper verification, within 60 days

·          Form a State Advisory Committee on adoption

·          Inspection of all adoption agencies, periodically

·          Monitor the performance of all agencies, in the promotion of In-Country Adoption

·          Monitor the adoption programme within its jurisdiction and co- ordinate the activities of placement agencies, ACAs and Scrutinising agencies

·          Ensure quality standards for child care through inspection and monitoring of all child care institutions

V.                   The Process Of Adoption

Parenthood is an integral stage in the life cycle of a family. Parenting involves nurturing, care and contribution to the growth of another human being. It is much more than procreation and the biological process of birth. A common reason that leads couples in India to consider adoption is their involuntary childlessness – a condition that gives rise to a complex of emotions for the two individuals involved. These emotions have their roots in the fundamental human need and desire for parenthood. Other motivations to adopt could be a desire to give a home to a child who needs one, wanting a child of the other gender, advanced age and the possibility of genetic problems in one’s biological child. Single parent adoptions are also being done in urban cities.

Adoption can be seen as a triad - formed by the child, the adoptive parents, and the birth parents – whose three corners are connected by organisations such as adoption agencies and children’s homes, to form a complete circle.

The process involves “Pre-Adoption counselling” and the preparation of the “Home Study Report”.

The purpose of the Home Study Report is to provide the couple with an opportunity, as prospective adoptive parents, to think through the decision to adopt and to have all their apprehensions and doubts clarified, so that they feel confident of their decision. It is also an assessment of their capacity and emotional readiness to parent a child who is not related to them biologically.

Through individual and joint interviews and a home visit, the agency is assuring itself that the couple will provide a caring and nurturing home for the adopted child.

Preparing the Home Study Report involves in-depth discussion on the following issues:

1.        Social and family background of both parents

2.        Current marital and family relationships

3.        Attitude and motivation for adoption

4.        Attitude towards infertility and childlessness

5.        Anxieties related to the child’s social background

6.        Sharing the fact of adoption with the family and the child

7.        Parenting experiences and anticipated plans after the child’s arrival

8.        Financial stability

9.        General physical and mental health

10.     Views and recommendations of friends and relatives about the prospective adoptive parents

VI.                 Pre-Adoption Counselling

The adoptive couples that come to adoption agencies in India often come with a lot of anxieties, apprehensions and sometimes misconceptions about the process of adoption.

They have doubts and queries in many areas and the first and most important task is to put the couple at ease and reassure them about the concern and availability of the social worker. To dispel doubts and establish a positive rapport with the prospective adoptive parents becomes the primary task of the social worker. A humane and compassionate attitude helps to reassure and convince the couple that they are in the right place. This alone alleviates their doubts and proves to be the motivating factor in engaging in the adoptive process.

When the couples are involved in the adoption process, they are also engaged in a reflective discussion about their own situation. This helps them to clarify their doubts and mitigate their anxieties. This phase can be compared to the gestation period that is provided by nature for the biological birth of the child.

Some of major areas for counselling for adoptive parents prior to adoption focus on the following issues:

·          Emotional readiness and acceptance of adoption as an alternative way of achieving parenthood

·          Coping with childlessness and infertility issues without any residual sense of guilt, blame, inadequacy or deprivation

·          Stability of the marital relationship

·          Issues of “Bonding and Attachment” with a child who is not biologically related

·          Concerns about the child’s social background

·          Heredity and environment issues

·          Process of selecting the child

·          Confidentiality in the adoption process

·          Acceptance of the child by family, friends and neighbours.

·          Requests for “Secret” adoption

·          Anxieties about sharing the fact of adoption with the child in future

Experience has shown that many childless couples in India make their decision to adopt as a last alternative – when all other options of having a biological child have been exhausted. The process of medical treatment itself is both physically and psychologically traumatic for parents. With medical advancements most parents have tried the whole gamut of assisted reproductive technologies (ARI) in the hope of conceiving. Hence, in many cases, when they decide to adopt, it could be with a feeling of “hopelessness” and “reconciliation” with fate.

It is very important that in the counselling process, the couples are helped to overcome this feeling of “helplessness” and explained the joys of parenting through adoption. The bond between a parent and child is one of “love” that comes through “nurturing” and not just the process of biological birth. Once parents are helped to accept this fact, then they would look forward to the joys of adoptive parenthood.

The parental concerns about the child’s social background are understandable to an extent, due to the socio-cultural context in which they live. There is a lot of social “stigma” attached to the fact of “illegitimacy”, and parents can be helped to understand that in the case of a child who is born out of wedlock, it is the “relationship” that is considered “illegitimate” and not the innocent, vulnerable child. Social and religious backgrounds of the child are all acquired factors and do not have any direct genetic influence on the child.

Another major area of Counselling centres around the controversy between “Heredity and Environment” – as to which has a more dominant influence. Heredity provides the “potential”, but it is the environment that helps to maximise this potential. Hence if a nurturing and stimulating environment is provided along with maximum opportunities for development, then the child could progress really well. Predispositions and susceptibility to certain illness are inherited, but this risk can be understood through a complete medical check up prior to adoption.

It is important that the social worker has a very sensitive, humane and caring attitude during the process of child adoption. It is also the role of the social worker to explain that it would be “emotionally” difficult for a couple to cope with seeing many children simultaneously. The social worker makes an assessment based on her understanding of the couple and their expectations and shows a child that appears to be most compatible for them, so that it facilitates “integration” of the child into the new family of a affiliation. Of course, the final decision rests with the parents, but a very sensitive support system is made available to the couple to help them with their decision.

Once the decision is made, the couple is assisted with preparations for the “arrival” or the “homecoming” of their child. The ensuing change in roles and lifestyles which is discussed earlier turns into a reality now. Often parents need assistance to cope with this and the “moral” and emotional support of the social worker is sought.

Parents also express concern about the attitude of the extended family, neighbours and friends towards the adopted child. Parents are counselled that once they themselves are positive, convinced and emotionally prepared, they could cope well with people’s comments and with time the child, is accepted well by others.

In the process of counselling, it is also important to reassure the couple about the “confidentiality” aspect of adoption. Private adoptions done directly through hospitals are not recommended since there is no legal protection for the child and adoptive parents. Utmost care is taken so that identities of both sets of parents are kept completely “confidential” and that due to a legal process being followed the rights of the child and adoptive parents are protected.

Some parents also request for a “Secret Adoption”, whereby they would like to “pose” a pregnancy and pretend that the adopted child is their natural born child. Often the reasons given for justifying this are social pressures and family’s non-acceptance of adoption. However, this is discouraged, because of ethical issues and also of the many difficulties involved in keeping this secret forever.

It is also necessary to help parents with their anxieties related to sharing the fact of adoption with the child. It is recommended that parents share this fact with the child themselves at an age when the child begins to understand. It is important that the child does not hear from an outside source, other than parents. Counselling should also revolve around the fact that no genuine relationship can be based on “untruth” or on fears of being “found out” hence it is best to be honest right from the outset. Post-adoption counselling services should also be made available to the adopted child and the parents to cope better with this problem.

The importance of post-placement follow-up needs to be emphasised at this point. The purpose of the follow-up is to assess the adjustment of the child in his new home and also the adoptive couple’s adjustment into their new roles as parents. The social worker is available to facilitate the process of mutual adjustment and provide guidance and support when required.

VII.               Post-Adoption Counselling

Post-Adoption Counselling focuses on the following issues:

·          Coping with parenthood and change of roles

·          Feelings of bonding and attachment

·          Acceptance of the child by relatives and friends

·          Sharing the fact of adoption with the child _ Why, When, How

·          Disciplining issues in adoption

·          Issues related to the child’s schooling and academic performance

·          Child’s need to search for “Roots” _ Social, Emotional and Legal issues

Coping with Parenthood and Change of Roles

Parents have shared that once the initial “high” of adoption is over, the reality of parenthood begins to sink in. Many adoptive parents choose to adopt at a later stage and hence have had many years of freedom as a “couple”. This shift in role from being a couple to being parents is a difficult one. The man may continue his life as usual, busy with his career and profession and often it is the woman who feels that she has to cope with the restrictions / responsibilities accompanying motherhood. There are mixed feelings of joy and depression, which are very common and natural. Talking about this with the social worker helps adoptive parents cope better with their own emotions. In the experience of social workers, there are also moments of panic when the couple question their decision and feel “should we return the child?”, “Are we ready for this?”, “Do we really want to go ahead with the legal adoption?.” Counselling helps to allay the fear of adoptive parents to recognise that this is more likely a passing phase and that eventually they would settle down to experience the joys of adoptive parenthood.

Acceptance of the Child by Relatives and Friends

In India, the extended family, relations, friends, neighbours play a very crucial role in the lives of adoptive parents. Even though adoption is a very personal decision, attitudes and responses of relatives affect the adoptive parents. If there is any doubt or restraint expressed by relatives, adoptive parents feel very touchy and sensitive about it. They expect that there should be total acceptance of the child and feel disappointed if a family member passes any hurtful remark. Post- placement counselling helps parents accept the fact that any decision that is “different” from the social norm and practice evokes mixed reactions and the social worker helps them to cope with this situation.

Feelings of Bonding and Attachment

Often the Pre-adoption fear of “can we love an adopted child who is not born to us, as much as our own natural born child?” is allayed the moment the child comes home. Many parents share the feeling of immediate and total bonding with the adopted child. After a few days they even comment “We need to be reminded that she is our adopted child!” However, there are also situations where it takes time for the process of bonding to occur. This is also normal and natural. Adoptive parents need reassurance about this because sometimes they may experience immense fear and guilt for not feeling totally “in love” with the adopted child. Post-Adoption counselling is very important in situations like this.

Sharing the fact of Adoption with the Child: Why, When and How?

This is a very sensitive area and most parents wish they did not have to face this. The most obvious reason why adoptive parents need to share the fact of adoption is that a relationship needs to be based on honesty and openness in communication. The child is also likely to find out about it at some stage from an outsider, which would create more of a trauma for the child. Moreover, happiness and security in a relationship cannot be built on an untruth or the fear of “being found out”. Of course, the appropriate time, situation and the manner in which to talk about the adoption varies from family to family.

Parents are able to talk about adoption openly only when they themselves are comfortable, positive and have a sense of pride in their adoption decision. Inhibitions, fears and apprehensions usually come when the adoptive parents have some doubts about their own adoptive status. Counselling helps the adoptive parents regarding how to share the fact of adoption with the child.

Just “what” parents say is not as important as “how” they say it. Parents could use the child’s Baby Book, Photo Album, or the Life Book to share how they became a family. All that a little child needs to know is that being adopted means being loved, being wanted and being part of a family for life. The story of adoption unfolds as the child’s understanding develops. It is not a “one time” situation, but an on going and lifelong process. Counselling helps parents cope with this in a positive manner.

There are two schools of thought regarding this, one that recommends “early” sharing and one that believes in “late” sharing. The first school of thought believes that if a child grows up with the word adoption right from the start he is familiar and comfortable with the situation of adoption and hence has no fear and doubts. The latter school believes that the child has to be older and only after his cognitive development has occurred can he emotionally accept the fact of adoption.

The experience of most adoption agencies and adoptive parents has shown that “early sharing” and “openness” after taking into consideration the developmental level of the individual child has positive results.

Of course, most adoptive parents wish that they did not have to go through this process because they feel so bonded with the children that it is hard to acknowledge that these children were not born to them. However in the best interest of the child and parents, “Sharing the fact of adoption” is an integral part of counselling.

Disciplining and the Adopted Child

Parenting is parenting – and yet parenting through adoption seems to bring in another dimension to the issue of disciplining the adopted child. Overindulgence and overprotection are two phenomena that seem to be common in adoptive parenting. Some parents have shared that in an attempt to “give the best” to their child, there is an unconscious desire to “make up for” or “atone” for the fact that they are not biological parents. There is an underlying fear of “what will people say” or “what will the child feel” if one is strict in disciplining the adopted child. Counselling helps the parents to focus on the fact that they are “like” all parents and that just because their child became a part of their family through the process of adoption and not birth, does not make the issue of disciplining any different. “Best interest of the child” is the guiding factor in all parenting issues.

Issues related to the Child’s Schooling and Academic Performance

As with all children, adopted children may also show a wide range of problems related to behaviour and academic achievement. The adoptees who are referred for counselling in this area have had problems like Attention Deficit Hyperactive Disorders, Learning Difficulties, Dyslexia, Aggressive Behaviour, Bed Wetting, Thumb Sucking, Nail Biting, Truanting, Lying, Stealing and Inappropriate Sexual Behaviour. Adoptive parents get very anxious when faced with such problems in their children. There is an unconscious tendency to attribute these problems to the “adoption” situation and hold the child’s background and genes responsible for all this. A child is a product of both heredity and environment and hence it is important to help the parents to reflect upon their own parenting and create awareness about factors that could have contributed to their child’s problems. Instead of experiencing anxiety, guilt and shame, parents are helped to cope with the situation and handle the problems in a positive manner through the intervention of counselling and child guidance clinics.

Sensitisation programmes in schools also help to create a positive climate for acceptance of the adopted child and prevents “labelling” of adoptees.

Adoptees’ Need to Search for his “Identity” and “Roots” – Social Emotional and Legal Implications

In the Indian socio-cultural context, this issue takes on a unique dimension. The right of the adoptee to search for his / her roots and identity is diametrically opposite to the birth mothers’ right to secrecy and confidentiality of her identity. The “search” has serious repercussions on the emotional well- being of all the three integral corners of the adoption triad, i.e. the Adoptee, the Birth Parent and the Adoptive Parents.

Counselling in this area helps the adoptee to cope with his adoptive status. There are some adoptees who are quite comfortable with this knowledge and there are some who feel a sense of “incompletion” like the oft quoted “missing link” or the “missing piece of the jigsaw” situation. The issue that often lurks in the mind of the adopted child is “why was I given up? Did my parents not love me and want me?.” Counselling the adopted child and the adoptive parents on this issue helps to resolve many unarticulated problems. The whole question of “who is a parent?” is reflected upon and children feel comfortable with the fact that parenting is far more than the biological process of birth.

Experience has shown that there is no co-relation between children who have a need to “search” for the biological “Roots” and their level of adjustment or security in their adoptive homes. Therefore the belief that children who are happy and well adjusted do not have a need to search and vice versa is not necessarily true.

Disruptions in Adoption Placements

In depth Pre-Adoption and Post-Adoption counselling is very crucial to the success of an adoption placement. However there could be situations that result in the disruption of an adoption which need to be handled with a lot of care and sensitivity keeping in mind the “Best Interests of the Child”. Disruptions could occur due to poor marital stability, inability of the adoptive parents to adjust to the new parental roles, inability of the child and adoptive parents to adjust to each other and establish a “bond”, or some other crisis situation. An adoption disruption should not be considered as a “failure” in adoption but as a situation that needs empathetic counselling by social workers of the agency, so that it leaves no trauma on the child or the adoptive parents.

VIII.             Counselling The Birth Parents

Counselling is also very essential for the other set of parents involved in the process of adoption and that is the “Birth Parents” – persons who have biologically given birth to the child, but who are not in position to provide the “parenting” for them. They take a decision to relinquish their rights over the children due to compelling social and economic circumstances, which are beyond their control.

Many cases of surrender and abandonment in India are of young unwed girls who are unable to look after their own child due to a social stigma attached to illegitimacy. These women need help from social workers to make an appropriate decision and then to rehabilitate them so that they can get back into the mainstream of society. Alternatives, like foster care or financial assistance, should be made available to these mothers for prevention of abandonment and in case they want to consider keeping their own children. The final decision of relinquishment should be made of their own volition and without any coercion, or external pressures.

The content of “Document of Surrender” is clearly explained, so that the birth parents are fully aware of what they are signing. The birth parent is explained about the sixty day reconsideration period, so that they are aware of their legal rights and irrevocable nature of the relinquishment, once this period is over. Preferably, there should be an accompanying relative or witness, so that the fact can be verified and there is some supportive evidence.

IX.                 Current Issues facing the Adoption Professional in India

The current issues facing the Adoption professionals are related to both the practice of adoption and the law of adoption in India.  The following are some of the issues related to the practice of child adoption:

·         The first and the most important factor is that the adoption must put the child at the centre of all work, and the best interests of the child should be the guiding factor.

·         The adoption focus must move from “parent centred” to “child centred” adoption and from the concept of “child for a family” to a “family for a child.”

·         It is necessary that the process of adoption is facilitated and streamlined so that there is no undue delay and it does not deter prospective parents from coming forward to adopt.

·         There should be uniformity in the documentation and procedures all over India, so that there is one set of practice in all states.

·         There needs to be a clear, unambiguous interpretation of the Supreme Court Judgement of 1984 and Adoption Guidelines of CARA, Government of India.

·         It is essential that the Juvenile Justice system in India, keeping in mind the best interests of the child, expedites the procedures related to investigating the child’s background and declaring the child legally free for adoption.

·         It must be ensured that in all child adoption placements there is intervention of a licensed/recognised child welfare organisation.  This is necessary in order to prevent any malpractices and prevent direct, private adoptions that do not give any legal protection to the child and the adoptive parents.

·         Since a child adjusts best in his own socio-cultural milieu, it is essential that maximum efforts be made to rehabilitate the child through In-country adoptions, i.e. adoption by parents of Indian origin.

·         The adoption practitioners also need to continuously upgrade their study and knowledge regarding the adoption process, so that there is sensitivity and concern towards adoptive parents in their attitude, and better counselling of adoptive parents in preparing them for adoptive parenthood. Use of “positive Adoption Language” is an important aspect of capacity building workshops.

·         It is also necessary to improve the networks and co-ordination between adoption organisations so that there is sharing of knowledge, resources and discussion of their views and concerns.

·         There is need for developing training and orientation modules for all adoption functionaries and those associated with the adoptive process and develop a Code of Ethics in adoption practice.

·         Within the existing legal situation, there is need to ensure that the adopted child gets a Birth Certificate and the adoptive mother gets special “child care leave” like maternity leave at the time of legal adoption.

·         Finally the most important need is the formation of an Adoption Task force that will review the existing Adoption laws (HAMA, 1956 and GWA, 1890) and that will recommend changes and modifications, and also lobby for the enactment of a Uniform / Common / Special Adoption legislation.

X.                   Conclusion

Child Adoption in India has witnessed a significant change in the last two decades. Adoption of an unrelated child into the family is gaining acceptance and more Indian couples are coming forward to adopt. The national adoption programme received an impetus because of the promotional efforts of social welfare organisations that created awareness in the community about adoption. The focus is now moving from “parent-centred” to “child-centred” adoptions and from the concept of “child for a family” to “family for a child”.

Intervention strategies at the level of lobbying for a special law on child adoption, must focus on the need for a “Child Just” adoption law.

The “Best Interest of the Child” must be the guiding principle in all adoptions.