Lengthy process, foreign adoptions take a hit

NEW DELHI: Apparently frustrated by red tape, pop star Madonna has given up on the thought of adopting another child from Africa and is planning to adopt a child from India instead. What the 'material girl' probably does not know is that the wait here is equally frustrating. The process of inter-country adoption takes up to six months to one year, claim foreign agencies. Also, priority is first given to domestic adoption.  

Figures show that foreign adoptions have taken a hit — the number has come down from 852 in 2006 to 770 in 2007. The reason, agencies claim, is that not many children are available with them. In 2006, maximum number of children went to USA (327), followed by Italy (141) and then Spain (67)."It is preferred that children from registered adoption agencies are given up for domestic adoption first, only after that children can be sent for foreign adoption," says J K Mittal, chairperson, Central Adoption Resource Agency (CARA).  

So, what's the procedure for a foreigner to adopt an Indian child? The applicant needs to first contact or register with an enlisted foreign adoption agency or a government department in their country, which calls them for an interview and prepares a Home Study Report (HSR) based on their preferances, financial status, medical report and police clearance.  

At least, 90 foreign enlisted agencies and 46 government departments/central authorities are working with CARA. Of this, 41 foreign agencies are in the US itself. These agencies forward the applications and HSR to any of the 65 Recognised Indian Placement Agencies (RIPA) in India. On their part, the Indian agency makes an effort to find a child who matches the preferences and is legally free for inter-country adoption.  

RIPA then sends a copy of the child study report, prepared by it, to the prospective parents. And if they wish to go ahead with the adoption, both the home study and child study reports, along with other documents, are sent to CARA for a no-objection certificate. On receipt of this NOC — a copy of which is also sent to the foreign agency — RIPA is supposed to file a petition for adoption in the local courts within 15 days. As per Supreme Court directions, the court concerned should dispose of the case within two months. After which, RIPA has to apply for a passport and visa for the child and call the parents to India to take the child with them.  

But these time-frames often remain on paper. As a foreign agency operating in Washington says: "The problem is that the procedure of foreign adoption is cumbersome. What should take four to six months even drags on to a year. Once petitions are filed in court, it takes very long for the child to be declared legally free for adoption. CARA is doing a good job, but their guidelines are not being followed by many family courts."  

The Central agency, however, claims that foreign adoptions are now sometimes cleared within a month. Foreigners are also encouraged to adopt under the JJ Act to speed up the process. "All adoptions should preferably be done under the Juvenile Justice Act and not the Guardianship and Wards Act (GAWA). That's because the child gets citizenship in the foreign country immediately and also gets benefits of social security," says Mittal.  

Foreigners keen to adopt disabled kids  

In a country where disabled children have the odds stacked against them — particularly when it comes to adoption — foreigners seem to be showing the way. Last year, when not a single disabled child was adopted by an Indian couple, foreigners showed interest in taking care of 57 such children.  

The reason probably lies in our social welfare system — or rather the lack of it — as families cannot afford to adopt disabled children without financial assistance. As Laila Baig, the secretary of Coordinating Voluntary Adoption Resource Agency (CVARA) which handles in-country and foreign adoptions, points out: "Attitudes are very different in Delhi. Most parents coming to us want healthy children, which is also understandable, as unlike in developed countries there is no social welfare system in India. So, looking after a medically unfit baby becomes a financial problem here."  

Though CVARA encourages couples to have a broader outlook and consider children with minor disabilities, the silver linings are few and far between. Two years ago, a couple based in Delhi was keen to adopt a child with a hearing impairment because the mother, an American woman, was trained in sign language. They did adopt such a child and now have three adopted children and one biological child of their own. The couple later shifted base to the US. This was the lone case Baig could recall when asked whether any Indian ever showed interest in adopting a disabled child. More recently, a heartwarming story made headlines where a family embraced a eight-month-old girl despite her disability. Prarthana was adopted from Matruchaya, an adoption agency in Bhopal, by Anil and Nutan Mudgal. Unlike most couples who shy away from disabled children, the Mudgals had urged the courts to speed up the paperwork.  

Many a times parents even return a child to the adoption agency if they discover a medical problem. "When parents find out about some medical problem with the child they have adopted, they often return the child to the agency. And the poor child ends up bearing the brunt," says Baig.  

J K Mittal, chairperson of CARA, points out that "foreigners feel they are doing a service of god. That is why they come in search for disabled children".  

"Ten years ago, a two-year-old child who was born with no legs was adopted by a Swiss couple. Last year, when I went for a conference in Switzerland, I visited the family and was surprised to see them carry the 12-year-old girl in their arms. They have three biological children but that has not changed how they feel about this girl. They treat her like a princess," says Mittal.  

Understandably, adoption agencies feel foreigners are a better bet when it comes to a disabled child. "Education and medical expenses are free abroad. The society is also more sensitized and foreigners are less ambitious when it comes to their kids. It all bodes well for adopted kids," says Loren Campos of Delhi Council for Child Welfare.  

Adoption agencies claim children are often rejected by Indian couples because of various other reasons too, including dark complexion, sex (males are preferred), age (lower the better) and medical condition. In 2007, about 134 children of which six were disabled, 51 medically unfit, 27 siblings, 43 older than one year and five dark in complexion were cleared for foreign adoption from Delhi by CVARA. In the same year, 235 children were adopted by Indian couples and 32 children were adopted by NRIs.  

deeksha.chopra@timesgroup.com