14th October 2023,Mumbai: The Supreme Court of India has raised serious concerns over the significant delays in the adoption process for children, highlighting the pressing issue of adoption in the country. With an alarming contrast between the number of orphans and adoptions, the Court seeks answers from the Central Adoption Resource Authority (CARA) and the government.
The Supreme Court, in a recent hearing, brought the issue of child adoption to the forefront. The Court expressed its grave concerns over the prolonged and often frustrating process of adopting children in India, pointing out the stark contrast between the 30 million orphans in the country and the mere 4,000 adoptions that occur annually. Chief Justice of India (CJI) Dhananjaya Y Chandrachud and the bench questioned why the adoption process is stalling and why CARA has not taken adequate measures to simplify it.
A Plea from the NGO Temple of Healing
NGO Temple of Healing, a petitioner in this case, is advocating for change in the adoption process, highlighting the urgency of the situation and the desire of prospective parents to provide a better life for children in need. NGO Temple of Healing, represented by its founder Piyush Saxena, informed the Court about the staggering number of orphans in India. With over 30 million children awaiting a chance at a brighter future, the organization emphasizes the humanitarian aspect of adoption and the need for swift action. The Court noted the moral imperative of child adoption and the eagerness of couples to welcome children into their homes.
Delays in Adoption and the Court’s Concerns
The Supreme Court raised concerns about the lengthy waiting periods that adoptive couples endure and questioned the reasons behind the inaction of the Central Adoption Resource Authority. The Court observed that there is a significant delay in the adoption process, with couples often waiting for three to four years before they can embrace parenthood. The bench questioned the reason behind these delays, highlighting the emotional and practical difficulties faced by both prospective parents and children. CJI Chandrachud inquired why CARA has not taken more proactive measures to expedite adoptions.
A call for Simplification
The Court has called for steps to simplify the adoption process, acknowledging the need for more efficient procedures to ensure the well-being of both children and prospective parents. In response to the concerns raised by the Court, Additional Solicitor General (ASG) Aishwarya Bhati requested additional time to respond to the petition. The Court granted an extension and set a date for further hearings, allowing the government to present its plan for simplifying the adoption process. The focus is on streamlining the system to reduce delays and ensure a more timely and efficient adoption process.
The Challenge of Changing Circumstances
The Court deliberated on the challenges posed by the delay in adoption, as the changing circumstances of both prospective parents and children can affect the process. The Court considered the practical difficulties caused by adoption delays, noting that couples who initially sought to adopt may find themselves in different life stages by the time they complete the process. Bhati highlighted that the identification of children for adoption is a time-consuming process, driven by a commitment to the safety and well-being of the child. The Court acknowledged that a collaborative approach, rather than an adversarial one, is essential.
The Role of CARA and the Adoption Process
The Court explored the possibility of involving family courts in the adoption process under the Hindu Adoption and Maintenance Act (HAMA) to expedite adoptions. Saxena suggested that the adoption process under HAMA could be expedited if family courts were allowed to process adoptions without CARA’s intervention, given the increasing number of orphans in India. Bhati clarified that this was possible in the past but, under the current regulations, all adoptions fall under CARA’s purview. Another petitioner, represented by advocate Rohan Shah, emphasized the challenges associated with the adoption of children with special needs, indicating that few parents are willing to adopt these children.
A Commitment to Finding Solutions
The Court agreed to examine all facets of the adoption process and encouraged collaboration between the government and petitioners to develop solutions. The Supreme Court expressed its commitment to addressing the issue comprehensively. In the upcoming hearings, the Court will delve into various aspects of adoption and seek ways to streamline the process. ASG Bhati has been invited to work closely with the petitioners to identify solutions that can alleviate the adoption crisis and ensure that more children find loving and nurturing homes.
-by Kashvi Gala