International Journal of Pure and Applied Mathematics

Volume 120 No. 5 2018, 4325-4333

ISSN: 1314-3395 (on-line version)
url: [Link]
Special Issue
[Link]

CHILD ADOPTION IN INDIA – ISSUES AND CHALLENGES

1
[Link] , [Link]
1
Student at Saveetha school of law, Saveetha Institute of Medical and Technical Sciences, Saveetha
University, Chennai. Tamil nadu , India.
2
Assistant Professor, Saveetha School of Law, Saveetha Institute of Medical and Technical Sciences,
Saveetha University, Chennai, Tamil nadu , India.
1 2
mvkartik1995@[Link], [Link]@[Link]

ABSTRACT
Adoption as a development of a family has drawn overall research since three decades.
India as one of the antiquated nations in the Asian mainland has experienced real changes in the
field of adoption. From a casually embracing male child for performing last customs after the
demise of the received guardians, India has demonstrated dynamic changes. Amid the social
change in the 1950's, India centered around discovering home for relinquished, dejected, ill-
conceived and surrendered children. These children were regulated and in the long run set for
residential and between nation adoption.(Dudley) The residential adoption in India picked up its
energy just in late 1980's. From that point forward, vital changes have occurred in the field of
adoption. In this phenomenological approach, we utilized meetings in conjunction with audit of
writing what's more, books on adoption. After a short authentic viewpoint from Indian and
Western part, we concentrated on three territories in this field. Firstly advancement of
arrangements and lawful rules in India what's more, its effect on adoption as a composed
division, Current difficulties and future patterns of household adoption.(Friesendorf)
KEY WORDS: Child welfare, domestic adoption, intercountry adoption, Indian adoption
policy
INTRODUCTION
"Adoption is the foundation of a parent-child relationship through a lawful and social
process other than the birth procedure. It is a procedure by which a child of one arrangement of
guardians turns into the child of another arrangement of guardians or parent. Indian adoption

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approaches are etched, by quite a long while of continuous endeavors by social change lobbyists
and child welfare associations. This is clear from the laws and approaches put forward by the
Government of India. A later policy in the Section IV of the Juvenile Justice Act of 2000
executed the idea of mainstream adoption whereby, with no reference to the network or religious
influences of the guardians or the child concerned, a privilege seems, by all accounts, to be
conceded to all subjects to embrace, and all children to be embraced.(Friesendorf; Stoll) While
this was a positive change, this idea still did not give the lawful and true blue status to the child
equivalent to that of a natural, honest to goodness child. Afterward, the Juvenile Equity (Care
and Protection of Children Act of 2006) cleared the issue, where the adoption was characterized
as the procedure through which the received child is for all time isolated from the organic
guardians and turns into the genuine child of the new parents with all rights, benefits and duties
that are connected to the relationship. This demonstration presented the articulation child
needing consideration and security. Through this paper, our motivation is to address the past,
display, and the eventual fate of adoption in India. For that, one should first get it more about the
verifiable point of view of Indian adoption.(Friesendorf; Stoll; Biswas-Diener)
RESEARCH QUESTION
Has the changes in adoption policies and legal guidelines affect adoption of children in India?
OBJECTIVE
1. To study developmental of policies and legal guidelines and its impact on adoption.
2. To study adoption scenario in South India.
3. To study current challenges and future trends of domestic adoption.
HYPOTHESIS
Ha: Adoption in India is on the rise.
REVIEW OF LITERATURE
In the book, “Adoption in India: Policies & Experiences‟ by Vinita Bhargava, it
researches child adoption in India and challenges prevalent in theories of adoption. In the book,
“Sociology of Adoption” by Elfreeda Momin, it states that Cultural Norms and practices related
to adoption varies from society to society. The book, “Child Rights in India Challenges and
Social Action” by Geeta Chopra, is a comprehensive compendium on child rights in India from a
child development perspective.

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STUDY DESIGN
The research paper uses the descriptive method of study the secondary sources are given
more importance in this paper. The secondary sources of information used are the articles of
research journals working papers thesis and books of famous sociologist and e-sources are
referred.
HISTORICAL PERSPECTIVE OF INDIAN ADOPTION
In India, adoption has been practiced for thousands of years. Hinduism being the major
religion practiced in India, epics and history has records of saints and royals who were adopted
and who did adopt. Ramayana and Mahabharata are the two such great epics of Hinduism which
bear references to adoption. Historically, where a lack of male offspring happened, couples went
in for embracing a male child to assign him as legal beneficiary. As per Hindu convention,
children are vital and a dead parent's spirit can just accomplish paradise on the off chance that
that individual has a child to light the memorial service fire, and salvation can be accomplished
through children who offer tribal love. To see more, a concise portrayal on adoption practices of
two old civic establishments in the historical backdrop of mankind is thought about in the
following area to discover the purposes behind adoption.(Bhargava)
SOCIAL CHANGES IN INDIAN ADOPTION
Children who became orphans due to abandonment, poverty and wars created a reason
for the authorities to look into their wellbeing. Initially such children were automatically
included into their families by the next kin, from either side of the family. This transformation of
the children‟s welfare created a pathway to Indians adopting unrelated children during the
1920‟s. Because there was no awareness about documentation, the number of unrelated children
being adopted during this time is not available.(Tolfree)
ADOPTION LAWS IN INDIA
Adoption policies and social transformation could have developed because of the way
that India amid those circumstances was led by the British. The primary Children's Act was
established in the Madras and Bombay Presidencies in 1920, giving the express the duty to care
for dejected and ignored children. The fundamental motivation behind drafting this enactment
was to give care and assurance to children. Additionally changes that went with Independent
India since 1947 achieved changes in the social enactment and arrangements. These progressions

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additionally positively affected family arrangements concerning children's prosperity.(“Parental

Contact with Children Fostered and in Residential Care after the Children Act 1989”)
CURRENT CHANGES AND ATTITUDES TOWARDS DOMESTIC ADOPTION
The state of mind towards adoption in India has changed altogether in two decades.
Forthcoming new parents are starting to comprehend the legitimate and social procedures of
adoption and perceive the need to experience sorted out child welfare associations.(National
Academies of Sciences, Engineering, and Medicine et al.) It is intriguing to take note of that over
the most recent couple of years, children coming into organizations, either in the type of
relinquishment or surrendering has diminished extensively. This is caused by Family Arranging
and administering Medical Termination of Pregnancy. Instruction, globalization and
contemporary musings have realized attitudinal changes in a more extensive point of view. In
rural parts of Tamil Nadu at least, the girl child remains a casualty. Interestingly enough, the
records of ICCW show that between 2001-2009, of all domestic adopted children, 78% were
female children, and 22% male children. This clearly indicates that the female children are still
being abandoned or surrendered more often than the male children. Prospective parents with high
education and a higher economic status are self-assured to adopt girl children and they do not
perceive a girl child to be an economic burden.(National Academies of Sciences, Engineering,
and Medicine et al.; Ananthalakshmi) On the contrary, the researcher finds that some families in
certain region with better economic status still consider raising a girl child as a burden because
they do not want to spend money for her marriage,( [Link] T and Rajeshkumar S) and do not
want to deal with teenage love interests. The conservative belief is still present in certain regions
that a male child could be an investment.(“Prevention Is Still the Best Medicine: „Child Health
Day‟ Finds Utah Kids Healthy, But Could Be Better”)
CHALLENGES IN DOMESTIC ADOPTION
Although state approved agencies are providing adoption, the fact is that private adoptions are
still taking place in some hospitals through agents and with unorganized sectors.
● Most of the times, adoption agencies are perceived to be “money makers” and so they are
constantly put under “scanner‟ by the whistleblowers.
● There is a lack of consistent and complete data in some states which makes it difficult to
conduct research studies.

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● If and when there is a budget downturn, many of the agencies who are normally
responsible for collecting data may find it difficult to continue their work.
● As opposed to the Western nations, Indian culture does not empower "open adoption".
Since India takes after "shut adoption", classification about the birth parent/s isn't
uncovered. Starting today, it is watched both in country and a few families in urban
regions, new parents are additionally not open to enlightening their children concerning
the adoption status. If a child accumulated this data from others, the trust could turn into a
noteworthy issue in parent child relationship.
● Single parent adoptions are legal, yet there is no study or evidence of any increase in
single parents who have adopted children. There are no data available on the success rate
of single parent adoption.
● Clinical experience of the creator is that over liberality and over defense are two wonders
that are normal in assenting child rearing. Despite everything they think about that, these
children who have landed because of unique conditions require extraordinary methods for
taking care of which may be not the same as organic child raising practices.
FUTURE OF DOMESTIC ADOPTION
Family courts should move towards 'child well disposed' arrangements to finish the
adoption process and stay away from time slip by. The Judicial Academy should give periodical
preparing to the District Court Judges on delicate treatment of adoption cases. NGO's and Child
Welfare Agencies need to give vital direction to bring up children with uncommon requirements.
Since same sex couple adoption is picking up force, soon arrangements should be set up. Starting
at now, Indian Government is legitimizing same sex marriage in a few States. With expanded
attention to mental ramifications in the adoption procedure, we may figure that preparation and
instruction for adoption guiding ability will be a field that will increase significantly more
consideration in the following decade.(Thukral and Ali)
GUIDELINES FOR ADOPTION
CARA has issued separate policy guidelines for inter- country and in- country adoptions.
The main policy adopted is placement agencies involved in adoption should strictly follow and
comply with the guidelines of CARA and register with respective state governments. No
Objection Certificate [NOC] from CARA is made mandatory in case of all inter- country
adoption, before placement agency process the application in competent Judicial Courts.

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POSITION UNDER HINDU LAW

Hindus are allowed to legally adopt a child. Other communities could only act as legal guardians
of the children.(Bajpai) Under Shastric Hindu Law, two main aim of adoption are as follows:
● This aim is religious i.e. to obtain a son who will take part in the funeral ceremonies of
the father.
● This aim is secular i.e. to carry out family‟s name
It was believed that a person who died without leaving a son behind would go to [Link], this
was a reason to adopt a son. (Trishala A , Lakshmi T and Rajeshkumar S)
Under Shastric Hindu Law only a male child can be adopted and has to be from the same
caste as his adoptive parents. In India, now several changes to the law regarding adoption have
been made under the Hindu Adoption and Maintenance Act, 1956. The most important changes
that this act brought are that it reduced the aim of adoption to secular only and also gave women
equal rights to a man i.e. now, under this act both boys and girls may be adopted. The problem of
having same caste has also been eradicated by this act.(Mayne)
POSITION UNDER MUSLIM LAW
Under Muslim law adoption is not recognized. Muslims have no adoption law and
thereby have to approach a court under Guardianship and Wards Act, 1890. When a Muslim
adopts a child under this act, it is considered to taken under foster care under the act. Before the
Shariat Act, 1937, adoption among Muslim was recognized by custom. Under the Oudh Act,
1869, Section 29, a Muslim talukadar was permitted to adopt.(Bhargava)
RESULT
● There has been a huge development of policies and legal guidelines in the sphere of
adoption.
● The government has been really quick and effective in providing help for the adoption
procedure and the government had provided many adoption policies.
● The development and policies and legal guidelines had a huge impact on adoption and it
brought out various problems of adoption and simultaneously provided the solutions to
those problems too.

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CONCLUSION
This investigation gives data on adoption as a development of family in South India.
Adoption offices are presently working as sorted out parts intently observed by the state and
local government. Residential adoption has picked up its force once the legislature of India got
engaged with observing and managing between nation adoption laws. General number of
children being deserted or surrendered has significantly diminished due to legitimate restorative
end of pregnancy administered by the Family Planning of India, and the change of the Indian
economy. Adoption is an individual decision; new parents require help with inquiries in regards
to child rearing, families, managing network and school.
Post adoption advising as aftercare is as of now accessible however is offered to the
guardians just on ask. It is suggested that post adoption directing is ordered to help and guide
guardians with the change in their parts and adapting to parenthood. Another imperative segment
is that the emotional well-being network should be sharpened about adoption process and the
mental effect of couple who are childless and who experience adoption. In light of the present
pattern, it might be inferred that there will come a need in future to present adoption treatment
preparing.
REFERENCES
1. Ananthalakshmi. Child Adoption and Thereafter: A Psycho-Analytical Study. 2001.
2. Bajpai, Asha. Child Rights in India: Law, Policy, and Practice. Oxford University Press,
2018.
3. Bhargava, Vinita. Adoption in India: Policies and Experiences. SAGE, 2005.
4. Biswas-Diener, Robert. Positive Psychology as Social Change. Springer Science &
Business Media, 2011.
5. Dudley, William. Issues in Adoption. Greenhaven Pr, 2004.
6. Friesendorf, Cornelius. Strategies Against Human Trafficking: The Role of the Security
Sector. 2009.
7. Mayne, John Dawson. A Treatise on Hindu Law and Usage. 1878.
8. National Academies of Sciences, Engineering, and Medicine, et al. Parenting Matters:
Supporting Parents of Children Ages 0-8. National Academies Press, 2016.
9. “Parental Contact with Children Fostered and in Residential Care after the Children Act
1989.” British Journal of Social Work, 1995, doi:10.1093/[Link].a056185.

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10. “Prevention Is Still the Best Medicine: „Child Health Day‟ Finds Utah Kids Healthy, But
Could Be Better.” PsycEXTRA Dataset, 2007, doi:10.1037/e548012009-001.
11. Stoll, Jane. Surrogacy Arrangements and Legal Parenthood: Swedish Law in a
Comparative Context. 2013.
12. Thukral, Enakshi Ganguly, and Bharti Ali. Status of Children in India Inc. HAQ Centre
for Child Rights, 2005.
13. Tolfree, David. Roofs and Roots: The Care of Separated Children in the Developing
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14. [Link] T and Rajeshkumar S , March 2018. “In Vitro Evaluation of Anticariogenic
Activity of Acacia Catechu against Selected Microbes”, International Research Journal of
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