ADOPTION LAWS: CHALLENGES CONCERNING PROCEDURE FROM HUMAN RIGHTS PERSPECTIVE
be taken from such state agencies.”40 The child care institutions and specialised adoption
agencies are not allowed to have much interaction with prospective adoptive parents
(PAPs), thus causing conflicting situation in later stage as, sometimes, they expect a few
things by looking at photographs of children and child study report and when they actually
meet children, the reality strikes differently with a few differences in the child’s physique
or intelligence quotient. The procedure is not child-centric in its entirety, as on the basis of
parent’s requirements and after studying their home study report, the profiles of children
are shared with them instead of prior understanding and looking at the child’s need. The
digitalisation of adoption procedure has actually made it difficult for both adoptive parents
and children to understand each other’s emotional and psychological needs before taking
final decision, especially when there are cultural and language barriers unlike traditional
adoption system where prior meetings and visits were used to take place to sensitise both
the parties. The author is of the opinion that the digitalisation process is fine to the extent
of registration by parties with CCIs and suggests that interactive sessions at the special
adoption agency or child care institutions after the stage when three or two profiles of
children have been shared with prospective adoptive parents in case of inter-country and incountry adoptions, respectively, should be arranged to provide an opportunity of interaction
and to see if a level of comfort can be achieved for children, especially for children above
seven years of age, who are capable of understanding and developing a relationship. In Laxmi
Kant’s case,41 the Hon’ble Supreme Court has also asserted that at least in case of in-country
adoption, whenever an Indian family visits a recognised social or child welfare agency for
adoption, provisions shall be made to ensure that PAPs can meet and interact with a child,
who is in adoption pool and if requested, the child study report of respective child should also
be provided to them so that decision can be made effectively. Further, in case of inter-country
adoption of older children, the facilities shall be arranged for foreigner PAPs to visit and meet
him/her in person so that knowledge about their behaviour, environment can be learnt at
first hand and adjustments can be made prior to escorting such child to their own nation. The
respective practice would surely enable PAPs and the child to develop a cordial relationship in
child’s own comfortable space, so that the primary objective of adoption – child’s welfare is
the first and foremost, which can be achieved.
40
41
S. Sastry, Adoption: Online, but without a soul? available at: https://www.deccanherald.com/specials/insight/adoption-online-but-withouta-soul-791471.html (Visited on October 13, 2022).
supra note 3
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