Will take steps to address gaps in child adoption mechanism, central agency tells Kerala HC

Kochi: The Central Adoption Resource Authority (Cara) has informed the high court that it would examine measures to address gaps in safeguards under the existing child adoption mechanism, including restricting multiple replacements of a child and establishing an annulment review board or an adoption ombudsman.Cara deputy director Richa Ojha made the submissions in response to a report filed by the victim rights centre (VRC) of the Kerala Legal Services Authority (KeLSA), suggesting amendments to the Adoption Regulations, 2022, with a focus on strengthening safeguards for children during and after adoption. The case arose from a petition filed by a single parent who had adopted a child and sought permission to surrender the child, citing the child’s mental ailment.In a counter affidavit filed by Ojha on behalf of Cara, it was stated that several recommendations made by the VRC were already addressed, fully or substantially, under the existing statutory framework of the Juvenile Justice (Care and Protection of Children) Act, 2015. However, certain suggestions, including restricting multiple placements of a child and establishing an annulment review board or an adoption ombudsman, would be examined as part of the ongoing review and amendment of the Adoption Regulations, 2022.Regarding the restriction on repeated placement of a child from one family to another, the VRC stated that such placements could disrupt a child’s sense of security, continuity and belonging. It recommended that foster care should be clearly understood as temporary unless converted into a permanent arrangement, and that foster families should receive adequate financial, social, counselling and professional support. Cara, in its reply, stated that the issue was partially addressed, with Regulation 9(4) barring adoptive parents responsible for disruption or dissolution from adopting again. However, no specific provision presently prescribes a limit on repeated re-placement of a child in foster care.Similarly, the VRC suggested a multidisciplinary annulment review board with mandatory representation from Cara and its state counterpart, or an adoption ombudsman, which should exhaust alternatives such as counselling, respite foster care or mediation before allowing disruption or dissolution. Cara replied that the suggestion would be examined during the ongoing review and amendment of the regulations.In another major recommendation, the VRC proposed that financial support for the child should continue following dissolution. Subject to applicable law, adoptive parents should continue to bear responsibility for the child’s financial, educational, medical and other essential needs, ensuring continuity of care, stability, dignity and protection from sudden financial deprivation following termination of the adoptive relationship. Cara replied that specific provisions to secure the child’s financial interests by adoptive parents in cases of annulment or dissolution were under active consideration.The recommendations also include clarifying the role of specialised adoption agencies in dissolution proceedings, strengthening the role of legal services institutions and strengthening pre-adoption preparation of children, among other measures. The bench of Justice Shoba Annamma Eapen will consider the petition on Oct 23.You Can Also Check: Gold Rate in Kochi | Silver Rate in Kochi | Bank Holidays in Kochi | Public Holidays in KochiStay updated with the latest Kochi news. Download the TOI App.