JOURNAL OF THE NATIONAL HUMAN RIGHTS COMMISSION, INDIA
VOL. 21, 2022
Prior and Post Adoption Counselling of Child: The Adoption Rules, 2022, don’t provide
much space for counselling of children that could help them in preparing themselves for
adjustment. It is only mentioned under the provision of preparation of home study report
and functions of specialised agency that the State Adoption Resource Agency or District
Child Protection Unit shall be responsible for providing pre-adoption counselling to PAPs.42
The counselling centres, however, should be established under the CARA where pre and post
adoption counselling can be done of PAPs and children, especially above seven years of age.
It shall be made mandatory when there are linguistic and cultural differences or when the
child is of special need or an older child because it takes a lot of efforts on the part of PAPs as
well as the child to bring changes in their attitude and lives and, therefore, external guidance
and support is a must and such sessions must be registered by respective agencies. The term
‘older child’ should be defined to ensure that there shall be no misunderstanding. Further, in
case of in-country adoption, the provision of counselling for adoptee child is only available in
case of non-adjustment and that too to avoid disruption or dissolution and once dissolved,
no provision exists for counselling of children for their reinstatement and to help them in
trauma that they might have faced during the transition phase.43 Moreover, the provision
stipulated under Section 20(4) of the Act, stating that on dissolution of adoption, the adopted
child should be provided with necessary counselling, care, protection and rehabilitation44 for
inter-country adoptions should also be implemented in case of in-country adoptions where,
sometimes, even before finalisation of adoption, the child is sent back to the institution on
account of non-adjustment.
Commercialisation and Mechanisation of Adoption: The process of adoption under
the Hindu Adoption and Maintenance Act, 1956, has a humane touch and Adoption Rules,
2022, actually present adoption as a soul-less act of taking the child by looking at his/her
photographs and child study reports. The entire life of a baby and the home he or she will
go to depends on one photograph that CARA will upload along with a bunch of documents
on the child’s health status and basic background and what kind of justice is this in asking
parents to pick one or children getting refused mostly on the ground of their looks.45 Moreover,
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Regulation 10(7) of Adoption Rules, 2022
Regulation 14(4) and 14(6) Adoption Rules, 2022
Follow-up of progress of adopted child by Non-resident Indians, Overseas Citizens of India Cardholder and foreign adoptive parents,
Adoption Rules, 2022
Dr. Aloma Lobo, Adoption available at: https://www.thenewsminute.com/article/adoption-must-stop-being-about-saviours-and-focuschild-rights-instead-107850 (Visited on October 15, 2022)