Child adoption in India: a new era with dm-led processes & lingering gaps

Child adoption in India is a critical social institution that provides a family-based safety net for orphaned, abandoned, and surrendered children. Governed by a robust legal framework and regulated by dedicated agencies, the process aims to ensure that the best interest of the child is paramount. Recent legislative changes have fundamentally reshaped the adoption landscape, aiming for greater efficiency while also highlighting persistent systemic challenges.

The New Legal and Procedural Framework

The primary legislation governing child adoption in India is the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act). This law provides a secular framework, allowing individuals of any religion to adopt. It operates alongside the Hindu Adoption and Maintenance Act of 1956 (HAMA), which is specific to Hindus, Buddhists, Jains, and Sikhs.

A landmark shift occurred with the JJ (Amendment) Act, 2021, and the subsequent notification of the Adoption Regulations, 2022. The most significant reform, which took effect in September 2022, was the transfer of power to issue final adoption orders from civil courts to executive authorities—specifically, the District Magistrate (DM) and Additional District Magistrate. This change was designed to drastically reduce the lengthy delays that plagued the judicial process, which could often take years.

Fun Fact: Despite an estimated 30 million orphaned children in India, only a tiny fraction are legally available for adoption. As of early 2024, only 2,141 children were in the legal adoption pool, while over 33,000 prospective parents were registered and waiting.

The Central Adoption Resource Authority (CARA), a statutory body under the Ministry of Women and Child Development, serves as the central nervous system for the entire process. It regulates both in-country and inter-country adoptions through its online platform, CARINGS (Child Adoption Resource Information and Guidance System), ensuring transparency and standardized procedures.

Key Institutions in the Adoption Ecosystem

The adoption process involves a network of specialized bodies working at different administrative levels:

Mnemonic for Key Institutions: To remember the hierarchy, think “Children Are Safe Due to Caring Support.” (CARA, SARA, DCPU, CWC, SAA)

The Shift to DM-Led Adoptions: An Appraisal

The 2022 reform empowering DMs was a direct response to systemic delays. The goal was to make the process more streamlined and accountable. Since its implementation, over 2,200 adoption orders were issued by DMs by mid-2023, and pendency in courts has reduced. The DM’s role has also been expanded to include comprehensive oversight of all child protection units in their district.

Analogy: Shifting adoption orders from courts to DMs is like moving a critical package from a national highway with frequent traffic jams (the courts) to a newly built, dedicated express lane (the DM’s office), with the hope of faster delivery.

However, this transition has not been without friction. Initial confusion, legal challenges in some High Courts, and concerns about overburdening already busy DMs have been significant hurdles.

Critical Policy Appraisal

Startling Stat: In 2023-24, India recorded over 4,000 adoptions, a significant increase and a return to pre-pandemic levels, showing a growing acceptance of formal adoption.

Analytical Lens: UPSC Focus (Mains & Prelims)

Conceptual Basis: The legal and constitutional foundation for child rights and adoption in India rests on:

• The Juvenile Justice (Care and Protection of Children) Act, 2015 (amended in 2021): The primary secular law.
• Article 21 (Right to Life and Personal Liberty): Interpreted by the Supreme Court to include the right to a dignified life, which for a child includes the right to a family.
• The Hague Convention on Intercountry Adoption, 1993: The key international treaty governing ethical standards for adoptions between countries.

UPSC Integration: Connecting the Dots

• Polity & Governance (GS Paper 2): The topic directly relates to the functioning of statutory bodies (CARA), quasi-judicial bodies (CWC), and the separation of powers, especially with the recent shift of judicial function to the executive (DM). It is a case study in cooperative federalism.
• Social Justice (GS Paper 2): It is a core topic under “Welfare schemes for vulnerable sections of the population” and “Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.”
• Ethics (GS Paper 4): Adoption involves deep ethical considerations, including the emotional intelligence required of parents and officials, the principle of the “best interest of the child,” and the moral responsibility of society towards its most vulnerable members.

Expert Analysis & Future Outlook: The transfer of authority to District Magistrates is a bold administrative experiment aimed at prioritizing efficiency. While it has shown early promise in clearing backlogs, its long-term success hinges on two factors: capacity building and robust monitoring. DMs must be equipped with trained, dedicated personnel to handle the legal and emotional complexities of adoption without it becoming just another administrative task. Furthermore, the focus must now shift upstream—to the Child Welfare Committees and District Child Protection Units—to ensure that more abandoned and orphaned children are identified and brought into the legal adoption system swiftly and safely. The ultimate goal is not just faster adoptions, but ensuring every child’s right to a family.

Prelims Practice Question (MCQ):

Which of the following statements is/are correct regarding the legal framework for child adoption in India?

1. The Juvenile Justice Act, 2015 is the sole legislation governing all adoptions in India.
2. The Central Adoption Resource Authority (CARA) is a statutory body established under the JJ Act, 2015.
3. Final adoption orders are now exclusively issued by the High Courts to ensure judicial oversight.

Select the correct answer using the code given below: (a) 1 and 2 only (b) 2 only (c) 1 and 3 only (d) 1, 2 and 3

Answer: (b) 2 only Explanation: Statement 1 is incorrect because the Hindu Adoption and Maintenance Act, 1956 (HAMA) also exists. Statement 2 is correct; CARA is a statutory body under the JJ Act. Statement 3 is incorrect because the 2021 amendment to the JJ Act transferred the power to issue adoption orders from courts to District Magistrates.

Mains Sample Question (15 Marks):

Critically analyze the efficacy of the Juvenile Justice (Amendment) Act, 2021 in streamlining the child adoption process in India. What are the associated challenges, and what further measures are needed to truly uphold the “best interest of the child”?

Mind Map Outline (Revision Structure)

• Child Adoption in India
  • Core Principle: Best Interest of the Child
  • Legal Framework
    • Primary Secular Law: Juvenile Justice (Care and Protection of Children) Act, 2015
      • Recent Amendment (2021): Transferred power to District Magistrates.
      • Adoption Regulations (2022): Operationalized the amendment.
    • Personal Law: Hindu Adoption and Maintenance Act (HAMA), 1956
    • International Convention: Hague Convention on Intercountry Adoption, 1993
  • Key Institutional Ecosystem
    • National Level: Central Adoption Resource Authority (CARA)
      • Function: Nodal agency, regulation, CARINGS portal.
    • State Level: State Adoption Resource Agency (SARA)
    • District Level:
      • District Child Protection Unit (DCPU)
      • Child Welfare Committee (CWC) - Declares child legally free.
      • District Magistrate (DM) - Issues final adoption order.
    • Implementation Level: Specialised Adoption Agencies (SAAs)
  • Recent Developments & Policy Shifts (Post-2021)
    • Shift from Judiciary to Executive: Courts to DMs.
      • Aim: Reduce delays.
      • Concern: Overburdening DMs, lack of judicial mind.
    • Emphasis on Counseling: Psychosocial support for PAPs and children.
  • Major Challenges & Critiques
    • Structural Imbalance: Massive demand-supply gap.
    • Societal Preferences: Bias towards young, healthy infants.
    • Procedural Delays: Bottlenecks at CWC and SAA levels.
    • Returned Children: Issue of children being returned post-adoption.
  • Way Forward & Opportunities
    • Strengthening CWCs and DCPUs.
    • Capacity building for DMs and their staff.
    • Public awareness campaigns to promote adoption of older/special needs children.
    • Improving post-adoption support services.