The Supreme Court has instructed the government authorities to ensure that exercise of identifying children for adoption is carried out every two months and the list of such children who are open for adoption in the country is updated on a bi-monthly basis.
A bench of Chief Justice of India (CJI) DY Chandrachud with Justice JB Pardiwala and Justice Manoj Misra noted that under the present legal regime, prospective parents have to wait for three to four years to adopt a healthy child.
“Prospective parents have to wait for 3 to 4 years to adopt a healthy young child for adoption … it has come to the fore that generally speaking there is a preference for young children in the age group of upto two years … We issue a direction that exercise of identification shall be carried out on bi-monthly basis,” the Court noted in its order.
The top court was hearing two public interest litigation (PIL) petitions seeking easing of adoption and foster care norms.
The plea by NGO Temple of Healing sought formulation of an adoption scheme by the Ministry of Women and Child Development.
The other plea sought removal of administrative delays in providing vulnerable juveniles access to adoption, foster/kinship care and sponsorship facilities as per the Juvenile Justice Act of 2015 (JJ Act).
That petitioner flagged the declining adoption rates in the country, specially those for specially-abled kids, as well as the virtual non-existence of foster care and sponsorship despite being provided for in the JJ Act.
The Court was informed that the Central Adoption Resource Authority (CARA) in conjunction with the National Informatics Centre (NIC) has developed a child adoption resource guidance system.
As on August 1 this year, the portal had registered 36,967 prospective parents as against 7,107 children.
In its order, the Court directed that the nodal department of every State government in charge of enforcing the Juvenile Justice Act, shall collect and compile data to be made available to Union Women and Child Ministry.
The States and Union Territories that have not set up adoption agencies were directed to do so.
The case will next be taken up on January 31, 2024.
Additional Solicitor General Aishwarya Bhati appeared for the Central government.
Party in person Dr Piyush Saxena and Senior Advocate Rohah Shah appeared for the petitioners.
During an earlier hearing, the Supreme Court had remarked that it is high time that the process for adoption of children in India is simplified.
The top court had noted that lakhs of children were waiting to be adopted even as couples are in queue for the same for many years.
In a bid to simplify adoption processes, the Delhi High Court had in September 2021 asked the Union Ministry of Women & Child Development to lay down a permanent mechanism for inter-country adoption under the 1956 Hindu Adoptions & Maintenance Act (HAMA).
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