HC takes up suo-motu cognisance of delays in adoption process

Mumbai: The Bombay high court on Monday took suo-motu (on its own) cognisance of a media report highlighting that prospective parents in India have to wait for an average of three-and-a-half years to adopt infants and young children.

A division bench of chief justice Alok Aradhe and justice MS Karnik sought a response from the Centre, the Central Adoption Resource Authority (CARA), and other relevant authorities on the matter.

The court also appointed senior advocate Dr Milind Sathe and advocate Gaurav Shrivastava as amici curiae to assist it in adjudicating the suo-motu proceedings. The matter is scheduled to be heard on June 23.

The bench referred to a news report published in The Times of India on April 3, citing CARA data as of March 31, which showed that over 35,500 prospective parents had registered for adopting children, but only 2,400 children were available for adoption.

The report also referred to a parliamentary panel’s recommendations to revisit adoption laws and streamline protocols. It highlighted concerns such as the low adoption rate among older or special-needs children, and a separate adoption mechanism under Hindu laws that differs from CARA guidelines.

In India, the journey of orphaned, surrendered or abandoned children, from the day they are handed over to a shelter home to the day when they are placed in an adoptive home, is long and rigorous. Children cannot be given up for adoption without the Child Welfare Committee’s clearance. Child Welfare Committees are autonomous bodies established under the Juvenile Justice (Care and Protection of Children) Act, 2015, whose primary function is to address the needs of children who are abandoned, orphaned or in need of care and protection.

To adopt a child, a prospective parent must first apply online with relevant documents on CARA’s website. A social worker then visits the home to counsel the family and completes a home study report. Adoption agencies then share a child’s profile identified as legally free for adoption with the prospective parents based on their preferences regarding gender, age and medical history. A district magistrate then reviews the case, ensuring that all legal requirements are met.

However, due to conditions of a previous high court order, reviews in Maharashtra are taken up by the respective district courts. If satisfied, the court issues the adoption order, formally recognising the prospective adoptive parents as the child’s adoptive parents. This order is crucial for obtaining a birth certificate for the adopted child, reflecting the names of the adoptive parents.