Today (15th June, 2018) in 'The Hindu' newspaper, there is an article about Central Adoption Resource Authority - CARA, a statutory body governing the adoption of children in/ from India, rejecting people in live-in relationship from adopting children.
This is really a tricky situation for the Government to deal with. Two people chooses to build an informal relationship to build a family by living together. They have no legal commitment towards each other except their love to live together like any legally united couple would.
Now, they want to adopt a child and the Government of India has taken a stand against it. Their argument is this: Supreme Court of India has repeatedly endorsed live-in relationships stating that it is "neither a sin nor a crime" to have a live-in relationship. Here are my thoughts:
One of the fundamental principle of adoption is the 'best interest of the child'. It means the basis for any decision taken regarding the
child, to ensure fulfillment of his basic rights and needs, identity, social well-being and
physical, emotional and intellectual development. If two grown adults cannot have commitment to live in a legally binding relationship, what is the guarantee that they would have a collective commitment to bring up the child in his/ her over all development?
Honorable Supreme Court of India may have consented to the live-in relationship by stating that it is "neither a crime nor a sin" but that verdict must be strictly restricted to the two consenting adults to live in a mutually agreeable (yet non-legal) relationship and doesn't extend to the third individual (a vulnerable child) who has a set of rights of his/ her own which ought to be upheld and protected by the state.
Having said this, what happens when the couple in a live-in relationship doesn't disclose the relationship and one of them applies for adoption as a single parent? I suggest that CARA include an additional undertaking declaring that they are not in a live-in relationship during adoption.
In the last 10 - 15 years that I had known CARA, it has evolved significantly and I can see it now (as a statutory body) that they would factor each and every issue as they become aware of it. That's what a vibrant democracy supposed to do.
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