Affected by Bombay HC’s stay order, 250 prospective adoptive parents write to Centre seeking help in adoption process
Due to this, the process of issuing adoption orders, birth certificates, and no objection certificates (NOCs) have come to a halt in Maharashtra.
On January 11, the Bombay HC had directed the state government not to transfer pending adoption proceedings to the DMs, as mandated under the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021. (Express Photo)
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A group of over 250 affected prospective adoptive parents (PAP) has written to the Central Adoption Resource Authority (CARA) — the apex government regulating body for adoption — on Monday, after the Bombay High Court’s stay on the transfer of adoption cases to the district magistrates (DMs) of Maharashtra.
On January 11, the Bombay HC had directed the state government not to transfer pending adoption proceedings to the DMs, as mandated under the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021.
Due to this, the process of issuing adoption orders, birth certificates, and no objection certificates (NOCs) have come to a halt in Maharashtra.
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In the backdrop, the group of PAPs including resident Indians, non-resident Indians, and foreigners who have got their referral from Maharashtra for child adoption wrote to CARA CEO Tripti Gurha. “While CARA is issuing referrals of children from Maharashtra, the stay order has put the process on hold. In the absence of adoption orders and birth certificates, there are many children stuck at orphanages due to lack of NOCs and other paperwork… In India, getting medical insurance, passport, official paperwork, or admission to school or travelling abroad has been impossible for children from Maharashtra,” reads the letter.
The adoption process is an emotionally draining process. At present, the waiting period for adoption is over three years, and the ongoing legal battle can further extend this period. The letter also outlined how the specially abled children adopted by foreign PAPs, who need timely medical help, are stuck at adoption centres.
The Indian Express also wrote an email to Gurha with the queries, but did not get any
response.
In July 2021, the Rajya Sabha had passed an amendment that transferred the power to issue adoption orders from civil courts to the DMs. The amendment — aimed at “strengthening” protection to children under the Juvenile Justice (Care and Protection of Children) Act, 2015, and ensuring “faster” delivery of adoption cases — was passed, despite protests and no discussion in the RS.
The Bombay HC’s January 11 directive came during the hearing of a writ petition filed by advocates, and Kandivli residents Nisha Pandya and Pradeep Pandya, which challenged the constitutional validity of the 2021 amendment.
The Indian Express spoke to PAPs and wrote an article in May, highlighting how the final adoption by 170 such parents stalled since January 11; with 25 per cent comprising international PAPs. Unlike domestic PAPs, their international counterparts do not have pre-adoption rights to foster children at home for around two months in between the adoption committee’s assessment of suitability and the final adoption order.
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Citing this article in the letter to CARA, the PAPs have requested the authority to help in making an interim decision and initiate a resolution seeking relief for the pending cases across Maharashtra, in the interest of the children. “The struggle of adoptive parents, who have gone through an extremely long and arduous journey in trying to create a family through adoption, need to be acknowledged, and the adoptive community requests your urgent intervention in the matter,” reads the letter.
The PAPs have also alleged that though the Bombay HC gave an interim order that other courts could continue hearing and approving pending adoption cases, CARA has not been directing DMs to release files and cases pending in courts are not being heard. “I fear the case will go to the Supreme Court, and then sadly children all over India will be impacted. It is crucial for CARA and other authorities concerned to prioritise the needs of these vulnerable children, and ensure that their well-being and health are not compromised,” wrote a foreign PAP in an email, who has also been waiting to adopt her daughter from Maharashtra.