Answer By law4u team
In India, the issue of gender selection in adoption is highly sensitive, both legally and ethically. While many prospective adoptive parents may have a preference for the gender of the child they wish to adopt, the legal framework governing adoption in India does not allow for gender selection in the adoption process. The primary focus of adoption laws is to prioritize the welfare of the child and ensure a fair and non-discriminatory process, free from gender bias.
Legal Provisions on Gender Selection in Adoption
Central Adoption Resource Authority (CARA)
CARA, the apex body under the Ministry of Women and Child Development, regulates and monitors adoptions in India. According to CARA guidelines, prospective adoptive parents cannot specify a preference for the gender of the child they wish to adopt.
The adoption process in India is designed to prioritize the best interests of the child, and any requests for gender selection are typically not entertained by authorized adoption agencies.
Adoption Guidelines
Preference for Gender: While prospective adoptive parents may express a preference for adopting either a boy or a girl, the final decision is made based on the availability of children and the child's best interests.
- If the adoption agency has a child of the preferred gender, it may consider the request, but this is not guaranteed, and the ultimate goal is to ensure a healthy, stable environment for the child.
- The adoptive parents are matched with children based on other factors such as age, medical needs, and the child’s overall compatibility with the family, rather than the gender preference.
Gender Bias in Adoption
India has long faced challenges with gender bias, where preference for male children has led to sex-selective practices and female foeticide. The Indian government and adoption agencies are committed to counteracting this bias and promoting the equal value of girls and boys.
As such, there are strict regulations against gender-based selection in both adoption and the larger societal context. The focus is on finding the best possible home for a child, rather than catering to gender preferences.
Ethical and Social Considerations
Allowing gender selection in adoption would reinforce gender stereotypes and could lead to discriminatory practices. Adoption should be seen as a process of providing a loving home to a child in need, not fulfilling the specific desires of the adoptive parents.
The practice of gender-based preferences in adoption can also have broader social implications, particularly in a country like India where female children are often viewed as less desirable due to cultural preferences.
International Guidelines and Ethics
Similar to the situation in India, international adoption laws generally do not allow for gender selection. The United Nations Convention on the Rights of the Child (CRC) emphasizes the child’s right to have the best interests of the child as the primary consideration, and not the personal preferences of the adoptive parents.
This principle is reflected in the Intercountry Adoption Guidelines, which also stress that a child’s welfare should be prioritized over specific desires of the adopting parents.
Matching Process
The adoption process in India is designed to ensure that children are placed in homes where their emotional, physical, and psychological needs will be met. This includes matching children with parents based on their capacity to care for the child, regardless of gender.
Adoption agencies make placements based on a variety of criteria, including the prospective parents' ability to meet the child’s needs, rather than focusing solely on gender preference.
Example
Sita and Arun, a married couple, express a desire to adopt a girl child after having two sons. They approach a licensed adoption agency, and after completing the required paperwork and assessments, they are told that they are eligible to adopt. However, the agency cannot guarantee that they will be matched with a girl, as the focus is on matching children based on their overall needs and compatibility with the parents. Eventually, they are matched with a 3-year-old boy who requires a loving home, and they accept the placement, understanding that the child’s well-being is the primary concern.
Summary
In India, gender selection in adoption is not allowed under the legal framework governed by CARA and adoption guidelines. The process is designed to prioritize the welfare of the child and avoid gender discrimination. While prospective adoptive parents can express a preference for the gender of the child, it is not guaranteed, and the final decision is based on what is in the best interests of the child.
The adoption process ensures that children are placed in families where they will receive love, care, and support, irrespective of their gender. Gender preferences, if allowed, would perpetuate societal stereotypes and undermine the goal of equal treatment for boys and girls. Thus, the legal framework in India works to ensure that adoption is based on the child's needs and well-being, rather than the desires of the adoptive parents.
