With 329, Maharashtra has most pending adoption cases

Out of the 997 adoption cases that had been pending before courts as on September 12, 2022, a total of 858 adoption orders have now been issued by DMs.

The Ministry of Women and Child Development on Tuesday revealed that the highest pendency in adoption cases in the country is in Maharashtra with as many as 329 cases pending till date. There are 174 cases awaiting adoption orders as of September 2022, and another 35 fresh cases which are pending with District Magistrates in the state.

However 329 cases are pending at either Specialised Adoption Agency (SAA) or District Child Protection Unit (DCPU) level, ministry sources have said.

Ministry sources have indicated that the pendency is due to the uncertainty created by the Bombay High Court’s January order, granting an interim stay on the transfer of pending adoption cases from courts to DMs.

On January 11, the Bombay HC directed the state governments not to transfer pending adoption proceedings to DMs, as mandated under the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021. The directive came during the hearing of a writ petition filed by advocates and Kandivli residents Nisha Pandya and Pradeep Pandya that challenged the constitutional validity of the 2021 amendment.

However, a division bench of Justice Gautam S Patel taking cognisance of an article published by The Indian Express on June 16 clarified that it has not stayed adoption processes in any manner and that there is no question of any ongoing or fresh adoption matters being transferred to District Magistrates (DMs) until the HC decides the constitutional challenge. In the order, the court directed that any case papers or documents which are transferred to the DMs be sent back to the concerned courts.

The Prospective Adoptive Parents (PAPs) raised concern that this transfer of documents would further delay the adoption process by three to four months. They sought that the HC should intervene and direct fast-tracking the transfer of papers within 15 days to expedite the adoption process. “The District Child Protection Units (DCPU) are government bodies, so until the instruction comes from the Centre, they will not transfer the files back. Amid this back and forth, the children especially those in need of medical treatment are suffering,” said a PAP.

The PAPs residing abroad adopt children only through CARA authorised agencies known as Authorised Foreign Adoption Agency(AFAA). The foreign PAPs informed The Indian Express that due to the ongoing issue with the adoption in Maharashtra, “AFAAs are no longer matching kids from Maharashtra, and others are cautioning families considering a child from Maharashtra,” said a foreign PAP on email.

The ministry has further revealed that since the notification of the Adoption Regulations-2022, as many as 2,297 adoption orders have been issued by district magistrates in the country.

Out of the 997 adoption cases that had been pending before courts as on September 12, 2022, a total of 858 adoption orders have now been issued by DMs.

Ministry sources have further revealed that the entire process of adoption has been streamlined, including the functioning of DMs and Child Welfare Committees, with government agencies uploading orders pertaining to adoption and status of cases in real time.