Answer By law4u team
Adoption in cases of abandoned children follows a detailed legal and procedural framework in India to ensure the child’s welfare, protection, and the legitimacy of the adoption process. When a child is abandoned, it is the responsibility of the Child Welfare Committee (CWC) and accredited adoption agencies to take immediate action, assess the child’s needs, and ensure that the child is legally declared free for adoption. This process involves a combination of legal safeguards, social welfare assessments, and regular monitoring to guarantee that the child is placed in a safe and loving home.
Steps in the Adoption Process for Abandoned Children
Identification and Rescue
When a child is abandoned, local authorities, such as the police, or child protection organizations, typically identify and rescue the child. Abandoned children are often found in public places, hospitals, or orphanages. The first step is to ensure the child’s safety and health, providing immediate care, shelter, and medical attention.
Reporting to the Child Welfare Committee (CWC)
The child is then brought before the Child Welfare Committee (CWC), which is responsible for the care and protection of children who are orphaned, abandoned, or surrendered. The CWC is mandated to ensure that the child's welfare is prioritized and to oversee the process of adoption, fostering, or rehabilitation. The CWC investigates the circumstances of the child's abandonment and ensures that all legal protocols are followed.
Legal Declaration of Free for Adoption
For a child to be adopted, they must be legally declared free for adoption by the CWC. This involves confirming that the child is either an orphan, abandoned, or has been surrendered by their biological parents under the law. The CWC will initiate a detailed inquiry to ascertain whether the biological parents have abandoned their child or are untraceable, and if so, they must legally renounce their parental rights. If the biological parents cannot be located within a specific time frame (usually 2-3 months), the child is legally declared free for adoption.
Registration with Adoption Agencies
Once the child is declared free for adoption by the CWC, the child is registered with an accredited adoption agency that is recognized by the Central Adoption Resource Authority (CARA). These agencies are responsible for processing adoption applications and ensuring that children are placed with legally suitable families. CARA maintains a database of children available for adoption and provides guidelines to ensure that the process is transparent, ethical, and in the best interest of the child.
Matching the Child with Prospective Parents
After the child is registered with an adoption agency, the agency begins the process of matching the child with prospective adoptive parents. This matching is done based on various factors such as the child’s age, gender, and medical needs, as well as the family’s readiness and capacity to care for the child. Home studies of prospective adoptive parents are conducted to assess their suitability for adopting a child, including their financial stability, emotional readiness, and understanding of the needs of an adopted child.
Court Proceedings and Finalization
After a match is made, the adoption process moves to the court for finalization. The court will examine the case, including the reports from the adoption agency and CWC, and ensure that the adoption is in the best interest of the child. Once the court is satisfied with all aspects of the adoption, a legal adoption order is issued, making the adoption official and providing the adoptive parents with full parental rights. The child is now legally the son/daughter of the adoptive parents and is entitled to the same rights, including inheritance, education, and welfare benefits.
Post-Adoption Monitoring
After the adoption is finalized, there is a post-adoption monitoring process to ensure the child’s well-being. The adoption agency conducts regular follow-up visits to ensure that the child is adjusting well in their new home. The adoptive parents are also provided with counseling and support services to help them with any challenges they may face in the adjustment process.
Legal Safeguards in Adoption of Abandoned Children
Juvenile Justice (Care and Protection of Children) Act, 2015
The Juvenile Justice Act provides the legal framework for the care and protection of children, including those who are abandoned. The Act mandates that children must be placed in child care institutions or foster care until they are legally free for adoption. The Act also specifies the time frame within which the biological parents must be located, and if they do not come forward to claim the child, the child can be declared free for adoption.
Child Welfare Committee (CWC)
The CWC plays a crucial role in protecting the rights of abandoned children. It ensures that the due process is followed before a child is placed for adoption. The CWC also monitors the child’s welfare during the adoption process and makes sure that children are not trafficked or exploited.
Role of Adoption Agencies
Adoption agencies accredited by CARA play an important role in overseeing the ethics and transparency of the adoption process. These agencies are responsible for ensuring that abandoned children are placed in suitable, loving homes, and the process is conducted in a non-exploitative manner.
Regulations and Guidelines by CARA
CARA provides guidelines to ensure that the adoption of abandoned children is carried out according to the best practices and in the best interest of the child. This includes ensuring that children are not placed in unsuitable environments, and that ethical standards are followed by all involved parties.
Example
Amit and Neha live in a small town and decide to adopt a child after several years of marriage. They are informed about a 5-year-old boy, Ravi, who was abandoned by his biological mother at a local hospital. The local Child Welfare Committee (CWC) investigates the case and finds that the biological mother is untraceable. After completing all legal formalities and ensuring that the child is free for adoption, Ravi is registered with an adoption agency. Amit and Neha undergo a home study and are approved as potential adoptive parents. After a thorough process, the adoption is finalized in court, and Ravi is legally adopted by them. Post-adoption monitoring ensures that Ravi is well-adjusted in his new home.
Summary
Adoption of abandoned children in India follows a structured legal process to ensure the child’s welfare and the legitimacy of the adoption. The Child Welfare Committee (CWC) is responsible for ensuring that abandoned children are legally free for adoption, and accredited adoption agencies manage the matching process with prospective parents. The Juvenile Justice Act, 2015, safeguards the rights of the child throughout the adoption process. The final adoption is legally approved by the court, and post-adoption monitoring ensures the child's well-being. This entire process aims to protect the abandoned child and provide them with a safe, loving family environment.
