ent to codify the law relating to adoptions among Hindus. Even the JJ Act, permits adoption of orphaned, abandoned, neglected and abused children through institutional and non-institutional methods. But there is no statutory law which permits non-Hindus who are foreign nationals or professing other religions to adopt children in India.
For them, the limited recourse is to the GWA to become guardians which enables them to use the guardianship order obtained in India under the GWA to ultimately gain adoption in foreign jurisdictions. In this event, Indian statutory law does not permit adoption to foreign nationals and persons professing other religions to adopt in India.
HAMA gives a conclusive status to an adoption deed recording an adoption in compliance with its provisions. However, all foreign embassies or the High Commission in India still insist that the adoption deed is not enough. Rules of foreign jurisdiction stipulate that the adoptive parents have to thereafter obtain guardianship orders from a Guardian Judge under the Hindu Minority and Guardianship Act, 1956 (HMGA) for Hindus and a similar order under the GWA for non-Hindus.
Genuine transfer of parental responsibility by an irrevocable adoption deed is rendered redundant. This results in a paradox in law. A valid adoption deed under HAMA is not acceptable to foreign jurisdictions for immigration purposes unless it is supported by a guardianship order under the GWA or HMGA. Strange but true, that is how the law is read by foreign embassies and High Commissions in India.
Against this backdrop, what should CARA do? It should resolve the conflicts and not compound them. CARA could well send a recommendation that before it enacts any guidelines, they should confirm to statutory law. Any guidelines which differ from the codified law will only add but not subtract to the current muddle of inter-country adoptions law.
The mechanics of inter-country adoptions, stringent adoption procedures, insurmountable technicalities, high refusal rates of visas for children in adoption matters and inordinate delay in Indian court procedures have been a deterrent to adopt a child from India. What do we need? Where is the change desired?
A general law for adoption in India enabling any person, irrespective of his religion, race or caste to adopt a child from India will help. Further, keeping in view the Supreme Court's guidelines in adoption by foreign nationals to prevent trafficking of children and to protect their welfare, a uniform streamlined statutory procedure acceptable to foreign jurisdictions would also sere the purpose better to mitigate the plight of the adoptive child.