CHAPTER-1

INTRODUCTION

1.1 Aims and Objects

The objective of the Guidelines is to provide a sound basis for inter-country adoption within the framework of the norms and principles laid down by the Honourable Supreme Court of India in the series of Judgments delivered in L.K. Pandey vs. Union of India and Others between 1984 and 1991 and various other court orders from time to time and to take all other measures necessary for the promotion of in-country adoption of children as well as welfare of children in general.

1.2 The goal is to find a family for as many orphan children as possible and to safeguard their interests as visualized in the UN Convention on Child Rights and Hague Convention on Inter-country Adoption (both ratified by India). 

1.3 The Government of India, in pursuance of its constitutional mandate, has evolved a National Policy for the welfare of children. The thrust of this policy is summed up in the following words:

“The Nation’s children are a supremely important asset. Their nurture and solicitude are our responsibility. Children’s programmes should find a prominent part in our national plans for the development of human resources, so that our children grow up to become robust citizens, physically fit, mentally alert and morally healthy, endowed with the skills and motivation needed by society. Equal opportunities for development to all children during the period of growth should be our aim, for this would serve our larger purpose of reducing inequality and ensuring social justice.” 

1.4 The National Policy for the Welfare of Children also stresses the vital role which the voluntary organisations have to play in the field of education, health, recreation and social welfare services for children and declares that it shall be the endeavor of the state to encourage and strengthen such voluntary organisations.

1.5 India has signed the Hague Convention on Inter-country Adoption-1993 on 9 January, 2003 and ratified the same on 6 June, 2003 with a view to strengthening International Cooperation and Protection of Indian Children placed in Inter-country adoption.  For the purpose of implementation of the Convention in our country, Ministry of Social Justice & Empowerment is functioning as the Administrative Ministry and Central Adoption Resource Authority (CARA) as the Central Authority.

1.6 Need of Family Support for the Development of Children

It is the responsibility of the community and of the state to provide both institutional and non-institutional support to orphans and destitute children. The Government of India considers adoption as the best non-institutional support for rehabilitation of such children because only a family environment can provide them the best opportunity to fulfill their potential.

1.7 Review of Adoption Procedure


 The “Revised Guidelines for the Adoption of Indian Children-1995” were issued by the Govt. of India on 21st May’1995 and it has now been decided to further revise this Guidelines keeping in view the developments such as the ratification of the Hague Convention on Inter-country Adoption-1993 by India on 06.06.2003 etc. since then.


Before finalization of the Guidelines, suggestions and opinions were sought from the State Governments/UTs., Recognised Indian Placement Agencies, Adoption Coordinating Agencies and Adoption Scrutinizing Agencies.


The “Guidelines for Adoption from India – 2006” will supersede all previous Guidelines issued in this regard by the Ministry of Social Justice & Empowerment, Govt. of India, New Delhi.

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