Adoption beyond Religion: Examining Personal Laws & Judicial Decisions and Advancing a Child-Centric Secular Adoption Law in India

Adoption signifies the removal of a child from his birth family and his amalgamation with a new family where the child is considered as a natural member. For those childless couples and single parent, adoption serves as a source of happiness and maintains the legacy of the family. The first and foremost objective of adoption is to protect the best interest and upkeep the welfare of the child, while complying the legal provisions are essential. Laws governing adoption should be uniform and reasonable that ensure equal opportunities for granting adoption to all those who desirous for the same without any discrimination on the basis of caste, creed, religion or gender. Though the practice of adoption is only prevalent under Hindu Law, while other religion lacks legislations exclusively for adoption. Consequently, there is an urgent need for a secular adoption law in India. However, the Juvenile Justice (Care and Protection of Children) Act, 2015 provides certain arrangements for adoption, though it has some limitations. This law is also remained silent regarding inter-country adoption. The CARA Adoption Regulation 2017 as a legal authority governs the adoption emphasising legal and fair procedures for orphans, abandoned and surrendered children. Therefore, the present study proposes some remedial measures that aim to frame a child-centric secular legal framework for adoption with the objective of upholding equality and safeguarding the welfare of children applicable to all communities and religions.