I want to foster a child before adopting, is that possible?

Many prospective adoptive families have this fear of unknown and hence they think of various ways to mitigate it.  One such measure a few think of is to foster a child before adopting.  But is that possible under the law/ rules governing adoption in India.  This blogpost explores it.

Before I answer this question, I would like make a point that there are no 'fool proof' children even in biological births.  If anyone is considering to foster a child to see if he/she fits into their preferences to make a determination about adoption, my piece of advice is this:  Please refrain from it, it is wrong.

There is a difference between foster care and pre-adoption foster care and you must understand it before proceeding with it.

Having said that, Juvenile & Justice model rules (sub rule (i) of rule 44) clearly states that adoption is a preferred destination for a child that is legally declared free for adoption but the same rule also makes provisions for those children that are legally declared free for adoption but no prospective adoptive parents have come forward to take such children.

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Which child (that is legally declared free for adoption) then is eligible to be placed in foster care?  Here is the JJ rule 44:

(ii) If adoptable children between the age of 6 to 8 years do not get a family either in in-country adoption or in inter-country adoption within a period of two years after they are declared legally free for adoption by Child Welfare Committee, such children to be eligible to be placed in family foster care or group foster care, as the case may be, by the Committee on the recommendation of District Child Protection Unit or Specialised Adoption Agency. 

(iii) Children in the age group of 8 to18 years, who are legally free for adoption but have not been selected by any Prospective Adoptive Parent (PAP) for one year to be eligible to be placed in family foster care or group foster care, as the case may be, by the Committee on the recommendation of District Child Protection Unit or Specialised Adoption Agency. 

(iv) Children with special needs, irrespective of the age, who do not get a family either in in-country adoption or in inter-country adoption within a period of one year after they are declared legally free for adoption by Child Welfare Committee, such children to be eligible to be placed in family foster care or group foster care, as the case may be, by the Committee on the recommendation of District Child Protection Unit or Specialised Adoption Agency, provided the Home Study Report of the foster family supports their fitness and group setting has facilities for care of such children. 

Now, it is clear that the legally declared children free for adoption can be placed in foster care when they don't get a family to adopt them after the prescribed time frames but the question is this:  Is fostering family eligible to apply for adoption? 

Yes, they can and they are given preference over others.  JJ model rule 44 again says the following:

(v) Where the child has remained with a foster family for a minimum of five years other than in pre-adoption foster care, the foster family may apply for adoption and shall be given preference to adopt the child after the child has been declared legally free for adoption and after registering in Child Adoption Resource Information and Guidance System (CARINGS) and according to procedures laid down in Adoption Regulations.

Here the recognized adoption agencies too ought to recognize this rule to make sure that no child who is legally declared free for adoption and couldn't be placed in adoption (normal or special needs) is been sent to a children's home without developing linkages with such a children's home (JJ model rule 48) through Child Welfare Committee (CWC) and District Child Protection Unit (DCPU).

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