Adoption Crisis in India: A Legal Paradox in a Land of Orphans

By Suryavanshi IAS

“Every child deserves not just food and shelter, but a family.”
Yet in India — home to over 3 crore orphans — only a few thousand are legally adoptable.

🔍 Why This Topic Matters for UPSC

This issue is multidimensional — touching upon:

Governance and policy failures (GS II)
Child rights and social justice (GS II)
Statutory bodies and legal reforms (GS II)
Essay themes: Vulnerable children, ethics in welfare, state accountability

📌 Key Definitions You Must Know

Term	Definition
CARA	Central Adoption Resource Authority, statutory body under Ministry of Women and Child Development (MWCD) for monitoring and regulating adoptions in India.
Legally Free for Adoption	A child declared adoptable after meeting legal conditions under the Juvenile Justice (Care and Protection of Children) Act, 2021.
CCI	Child Care Institution – homes for orphaned, abandoned, or vulnerable children.
Prospective Adoptive Parents (PAPs)	Individuals or couples registered and approved by CARA to adopt a child.
Juvenile Justice Act, 2021	India’s principal law governing child protection, juvenile delinquency, and adoption procedures.
Special Needs Children	Children with physical, mental, or developmental challenges that make them harder to place in adoption.

📊 Ground Reality: The Data Gap

Year	Prospective Parents	Children Legally Free	Ratio
2021	26,734	2,430	11:1
2025	36,381	2,652	13:1

Over 22,000 children are in CCIs.

Only 2,652 legally free for adoption.
Himachal Pradesh (2025): 829 children in CCIs, but only 1 child free for adoption.

⚖️ Legal and Administrative Challenges

1. Complex Clearance Process

Juvenile Justice Act (2021) mandates time-bound declaration of adoption clearance.
But implementation is weak due to:
- Poor coordination
- Lack of accountability
- Resource constraints in District Child Protection Units

2. Parental “Existence on Paper”

Some children have guardians on paper who never visit.
This legal grey area delays their eligibility.

3. Age and Disability Bias

34% of adoptable children are aged 14–18 — least preferred.
Children with special needs often wait indefinitely.

🛑 Why Adoption Delays Matter

Delays increase institutionalisation, impacting emotional and mental well-being.
Longer wait times (3.5 years) discourage prospective parents.
May encourage illegal adoptions, as warned by the Parliamentary Committee.

🧠 UPSC Previous Year Questions (Relevant)

GS Paper II

2017: “Welfare schemes for vulnerable sections often fail due to poor implementation rather than poor design.” Discuss in the context of child welfare programmes.
2020: “Institutional support is essential for protecting the rights of children in India.” Critically examine.

Essay Paper

2018: “Reality does not conform to the ideal, but confirms it.” (Can be linked to adoption ideals vs reality)
2020: “Life is a long journey between human being and being humane.”

✅ What Needs to Be Done: Reform Recommendations

Area	Recommendation
Policy	Streamline adoption clearance with fixed deadlines and digital tracking.
Institutional Reform	Hold CCIs and District Officers accountable for delays.
Awareness	National campaigns to promote adoption of older and special needs children.
Training	Sensitize officials on child psychology and adoption laws.
Incentives	Offer support systems and tax benefits for adoptive parents.

🔗 Case Example: Maharashtra

5,284 children in CCIs, only 236 legally adoptable.
Indicates a clear failure in processing, follow-up, and eligibility verification.

✍️ Model UPSC Mains Question for Practice

Q. Despite having a robust legal framework, India's adoption ecosystem suffers from low child clearance rates, long wait times, and poor coordination. Discuss the challenges and suggest a comprehensive strategy to make adoption more efficient and inclusive.
(Answer in 250 words)

🧭 Conclusion: A Call for Humane Governance

The Constitution of India, under Article 39, directs the State to ensure that children are given opportunities to develop in a healthy manner and in conditions of freedom and dignity. Adoption must be seen not as charity, but as a right of the child to have a loving home.

Let’s shift from institutional care to family-based care — from statistics to empathy.

Suryavanshi IAS

Thursday, July 17, 2025

A Legal Paradox in a Land of Orphans