Child welfare is universally accepted as one of the important needs of society. India too has a national policy for a child which has been adopted by the Parliament. The policy lays down a 15 point programme among which the programmes of maintenance, education and training of orphan and destitute children have been accorded priority. The policy resolution also provides protection for children against neglect, cruelty, and exploitation.
Several pressures on our family life due to industrialization led to a break in the joint family system which resulted in growing destitution among children. These children are generally deprived of participation in social benefits available in a welfare state. The working group of policy and programmes for destitute children set on by the Planning Commission estimated that about 0.5 per cent of children in the age group 0 to 14 years are destitute. According to this estimation there are 1.15 million children who need homes. These children have to be provided with institutional or non-institutional care in order to protect them from exploitation by others in society. While institutional facilities would include orphanages, children’s homes and homes provided under the Juvenile Justice Act, the non-institutional alternatives would serve the interest of the child even better since they provide a family or near family atmosphere. These include adoption, foster care and sponsorship which are effective in reaching out to a child in need. Among these, adoption is undoubtedly the best non-institutional alternative available since adoption provides that most basic aspect of security which a child needs-a family. Adoption to a greater extent, satisfies the emotional needs of both the parents and the child, gives the child a separate individual entity and lays the foundation for their healthy development towards responsible adulthood.
Adoption is a legal process by which a set of parents become parents of the child of another set. Thus adoption of a child is a process of his/her rebirth in a new adoptive family and therefore, is the most complete means by which family life can be restored to a child deprived of his natural family. The motive for adoption is quite different for the developed than the developing countries. In the case of developed countries, adoptive parents can be classified under following categories.
1. Involuntarily childless couples (majority of the adoptive parents).
2. Couples with two or more children.
And their motives are normally influenced by danger of overpopulation in the world, deep sympathy for children in very difficult circumstances and compassion towards war victims. In the developing countries families with no children or only with female children are the ones who come forward for adopting a child (especially male child). Hence, old age protection, perpetuation of the family name and continuance of family lineage, security of the family property and solemnization of latest rites, are generally considered to be the motives of the adoptive parents in developing countries. In India, it has been observed that childlessness is the primary motive of parents in adopting destitute, homeless children.
The tradition of adopting children within the Indian joint families has been prevalent since ancient times. In those days, usually a child was adopted from their own extended family or at least belonging to their own caste and community. For instance, Shanta, the daughter of King Dasharatha and the elder sister of Sri Rama was adopted by Ramapada, the king of Auga, as Ramapada had no children and Dasharatha expected to have more children. Shanta was given away in adoption. It is the practice of adopting destitute a child from outside which is of recent origin. Thus this attitude of the couples to adopt a child from outside their family circle to avoid divided loyalties and possible interference in the care and upbringing of the child they adopt is a quite recent phenomenon in India.
India has no adoption law that covers the whole country. The Hindu adoption and Maintenance Act of 1956, which is existing in India, is applicable only to Hindus. Adoption according to this act takes place in civil court and is irrecoverable. For Non-Hindus, the child comes under the Guardianship and Ward Act, 1890. No adoption order is given according to this Act, but the parents are given the guardianship of the child by an order from the High court. And the child thus adopted has no right to the surname of the adoptive parents, neither has he inheritance rights.
