Recently, the Women and Child Development (WCD) Ministry has revised guidelines for fostering and adopting children.
Foster Care System in India
- Definition of Fostering: Fostering is a temporary arrangement where a child lives with extended family or unrelated individuals.
- Eligible children for fostering must be over six years old, living in child care institutions, or classified as “hard to place” or having special needs.
- Eligibility Criteria for Foster Parents: The age criteria for foster parents are specified as 35 to 55 years for single individuals fostering children aged 6 to 12, and 35 to 60 years for children aged 12 to 18.
- Online Registration: Prospective foster parents can now register online through the Child Adoption Resource Information and Guidance System (CARINGS), streamlining the process for District Child Protection Units.
- Child Adoption Resource Information & Guidance System (CARINGS) is an online platform, building bridges and creating links through a robust web-based management system designed to bring transparency in the adoption system and also curtailing delays at various levels.
- Central Adoption Resource Authority (CARA) is a statutory body of the Ministry of Women & Child Development.
- It functions as the nodal body for adoption of Indian children.
- It is mandated to monitor and regulate in-country and inter-country adoptions.
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Foster Care System around the World
USA:
- Local Jurisdiction: The foster care system is managed at the state level, with each state having its own regulations, policies, and procedures.
- Federal Oversight: Federal guidelines and funding support, but states have the autonomy to implement their own systems.
- Placement:
- Reunification: The primary goal is to reunite children with their biological families, provided it is safe and in the child’s best interest.
- Adoption: If reunification is not possible, adoption is pursued as an alternative permanency plan.
- Guardianship: In some cases, long-term guardianship is arranged if adoption is not feasible.
- Foster Parent Requirements:
- Eligibility: Prospective foster parents must meet state-specific requirements, including background checks, home studies, and training. They must undergo state specified training.
France:
- Centralised System: The French foster care system is managed by the national government through the Ministry of Solidarities and Health, in coordination with local child welfare services.
- Legal Requirement: In France, the law requires support to be provided to the child’s family, and for them to remain involved in the child’s care, as much as possible, even while the child is, temporarily, in an out-of-home placement
- Professional Foster Care Model: France has been developing professional foster care as a distinct model of service provision, with careers recognized as salaried professionals and as members of multidisciplinary teams.
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Laws for Adopting a Child in India
- Governing Acts
- Hindu Adoptions and Maintenance Act, 1956 (HAMA): Applies to Hindus, Buddhists, Jains, and Sikhs for adoption.
- Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act): Governs adoption procedures and is managed by the Ministry of Women and Child Development.
- Non-Hindu Adoption
- Guardians and Wards Act, 1980 (GWA): Was the means for non-Hindus to become guardians, not adoptive parents. Guardianship under GWA ends when the ward turns 21, as it does not confer full parental rights.
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Revised Foster Care Guidelines (2024)
- Single Individuals Now Eligible: The Women and Child Development (WCD) Ministry has expanded eligibility, allowing single individuals (unmarried, widowed, divorced, legally separated) aged 35 to 60 years to foster a child.
- Single women can foster and adopt children of any gender, while single men are restricted to fostering and adopting male children.
- Adoption After Two Years: Foster parents can now adopt a child after two years of fostering.
- Earlier there was a five-year requirement for the adoption of the child by the fostering parent.
- Eligibility for Married Couples: Married couples must have a stable marital relationship of at least two years to be eligible for fostering.
- The guidelines specify a composite age requirement for couples, set at a minimum of 70 years.
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Possible Impact of the Revised Guidelines
- Clarification and Discrepancies: The revised guidelines address previous discrepancies where single individuals could adopt but not foster. The change aligns fostering eligibility with adoption laws.
- Limited Awareness and Participation: Despite these changes, foster care remains less known and less common compared to adoption, with only 1,653 children in foster care as of March 2024.
- Potential Increase in Foster Care Applications: The changes may encourage more individuals to apply for foster care, but the temporary nature of fostering needs to be clearly understood.
- Focus on Child Welfare: The guidelines emphasise that fostering is intended to provide temporary care until the child’s biological family is deemed capable of resuming care.
Fostering vs. Adoption: Key Differences
- Purpose:
- Fostering: Temporary care until the child can return to their biological family or be adopted.
- Adoption: Permanent legal parenthood.
- Legal Status:
- Fostering: Guardianship remains with the state or biological parents.
- Adoption: Full parental rights transfer to the adoptive parents.
- Reversibility:
- Fostering: Reversible; the child may return to their biological family.
- Adoption: Permanent and legally binding.
- Parental Rights:
- Fostering: Biological parents retain rights.
- Adoption: Biological parents rights are terminated.
- Financial Support:
- Fostering: May include state financial support.
- Adoption: Adoptive parents assume full financial responsibility.
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August 20, 2024
