Changes proposed to streamline adoptions

By IANS

New Delhi : Only one nodal agency, easier procedures for foreigners and Indians, and freeing all abandoned and surrendered children for adoption are some of the proposals mooted to make adoption easier.


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India's adoption laws, criticised for their cumbersome details and delays, should become more transparent and accountable if the changes proposed by the women and child development (WCD) ministry are accepted.

According to an official release, the Central Adoption Resources Agency (CARA), an autonomous body under the ministry, would become the nodal agency to process all claims on adoption.

"The new proposals will bring more transparency, accountability and streamline the adoption procedure," said WCD Minister Renuka Chowdhury.

The proposals, aimed at amending adoption laws, would enable prospective guardians to be able to adopt a child from any part of the country from any registered agency in the country.

"No child adoption agency can deny registration of such prospective parents. For example, a couple from Kerala working in the northeast can adopt without any hassle," the minister said.

According to the proposals mooted by CARA, the new law should be applicable to both domestic and foreign cases. It is expected to ensure that all children adopted by foreigners will automatically acquire citizenship of their adopted parents.

A single window system will be followed in case of sourcing of children for inter-country adoption.

Though the present practice is that foreigners are given the choice of adopting a child only after he/she has been rejected by Indian parents, the CARA proposals hope to change that.

"All abandoned and surrendered children will now be committed to adoption agencies and shall be declared legally free for adoption by child welfare committees after following due procedure," a statement said.

CARA will receive all applications for foreign adoptions for advance approval.

"If foreign agencies/central authorities have given a choice of a particular Indian agency, it will be considered as far as possible, otherwise CARA shall direct foreign agencies/central authorities to transmit their proposal to such places where more children are available for inter-country adoption," the ministry's release said.

"This process will minimise the waiting period of foreign parents and children in the institutions as well," it added.

Adoptions in India have so far been governed by two laws. The Hindu Adoption and Maintenance Act (HAMA), 1956, provides adoption rights to Hindus, Jains, Sikhs and Buddhists.

All other religious groups have to go through the Guardians and Wards Act (GAWA) 1890, which gives adopting couples "guardianship" but not "parenthood". GAWA also applies to foreigners, who are thereafter permitted to take the child out of the country and adopt them under their country's laws.

The government will be circulating the proposals to all concerned agencies for inviting comments and suggestions before giving a final shape to the law.

Although India has an estimated number of 12.4 million orphans, only 5,000 adoptions take place every year.

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