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Now we have a new legislation called "Juvenile & Justice Act, 2015" replacing the JJ Act of 2000. In this new act, adoption has assumed a significant importance with an exclusive chapter. Subscribe and follow this blog for more information in the days to come.

Monday, February 15, 2010

So many orphans and so few adoptions in India...Why? (Q and A)

If there are so many orphans in the country then why is there always a long queue for parents to adopt? in Delhi, i believe the queue is of 6 yrs. why cant there be a coordination between ACAs and agencies of different states to provide home for these children in any part of the country.

the answer lies in the definitions of words "Orphan" and "Adoption" in the Juvenile & Justice Act.

According to the sub rule K of rule 2 of JJ rules, "Orphan" means a child who is without parents or willing and capable legal or natural guardian;

According to the sub section (aa) of section 2 of JJ act, "Adoption" means the process through which the adopted child is permanently separated from his biological parents and become the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are attached to the relationship;

Now, it should be clear from the definitions that there many orphans but not free for adoption or those children that are free for adoption do not meet the criteria of the prospective adoptive parents. Incapable legal guardians are more than happy to have their wards study in children's homes with the hope that someday they'll take care of them. These kind of children are whom we all are used to call them as "orphans". They may be as per the dictionary meaning (of not having parents) but still not free for adoption.

So what can anyone do about it? Look for the options that JJ Act offers immediately after biological family and adoptive family and that is "Foster Family" (clause C of sub-section 3 of section 39). Foster family is concept is a well known concept in the west with it's own set of problems but in India it is still not understood by many. It is a viable alternative for all the children in children's homes but it is going to take lot of hard work and creativity to make it work.

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