Adoption (First Amendment) Regulations, 2021

• 24 Aug 2021

Why in News

According to a new clause in the adoption regulations, Indian diplomatic missions abroad will now be in charge of safeguarding adopted children whose parents move overseas with the child within two years of adoption.

• So far, Indian missions have had a role in inter-country adoption of Indian children limited to kids adopted by Non Resident Indians (NRIs), Overseas Citizens of India or foreign parents.

Key Points

• Adoption (First Amendment) Regulations, 2021:
  
  • It amends the Adoption Regulations, 2017.
  • The amendment has been notified in accordance with the relevant sections of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) and it amends Adoption Regulations, 2017.
    
    • Recently passed Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, seeks to strengthen and streamline the provisions for protection and adoption of children.
    • It provides that instead of the court, the District Magistrate (including Additional District Magistrate) will issue such adoption orders.
  • It has been made by the Central Adoption Resource Authority and has been notified by the Woman and Child Development Ministry.
    
    • CARA is a statutory body of the Ministry of Women & Child Development. It functions as the nodal body for adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions.
• Need:
  
  • Some cases came to the attention of the authorities recently when Indian children were adopted by parents in India and who ended up moving abroad later, hence going out of the purview of Indian authorities and also not falling under purview of Indian Missions abroad.
    
    • Such childrens are vulnerable as they can be neglected, exploited, maltreated or abuse of these children can happen.
• Current Responsibility of Indian Missions:
  
  • The Indian diplomatic missions presently send progress reports of an adopted child on quarterly basis in the first year and on six-monthly basis in the second year, from the date of arrival of the child in the receiving country.
  • The Missions are also expected to contact the central authority or other authorities in the receiving countries to ensure safeguards of children of Indian origin adopted by Non-Resident Indian or Overseas Citizens of India or foreign parents.
  • In case of disruption of adoption, the foreign missions shall send a report in this regard at the earliest, and render necessary help and facilitate the repatriation of the child in case required.
• Persons Eligible to Adopt Child under Adoption Regulations, 2017:
  
  • The Prospective Adoptive Parents (PAP) “should be physically, mentally and emotionally stable, financially capable and shall not have any life-threatening medical condition.”
  • A person can adopt irrespective of their marital status and whether or not he or she has a biological son or daughter.
  • A single female can adopt a child of any gender but a single male shall not be eligible to adopt a girl child. In the case of a married couple, both spouses should give their consent for adoption.
  • “No child shall be given in adoption to a couple unless they have at least two years of stable marital relationship,”.
  • Couples with three or more children shall not be considered for adoption “except in case of special need children”, “hard to place children” and in case of “relative adoption and adoption by step-parent”.

Source: IE