Interest of Child Comes First: SC

The Supreme Court has directed the Centre and the States to frame regulations under the Juvenile Justice (Care and Protection) Act, 2015 to implement the new guidelines for in-country and inter-country adoption of children to make the process transparent, friendly and fool-proof. Whether it is in -country or inter-country adoption, the interest of the child should be the supreme according to the Chief Justice of India, leading a three-judge Bench.

The new juvenile law

  • Declares adoption as the process in which the adopted child is permanently alienated from his biological parents and becomes the lawful child of his adoptive parents with all the rights, privileges and responsibilities that are availed to a biological child.
  • Section 2 of the 2015 Act mandates that adoption regulations should be framed by the authority notified  for the purpose by the Centre

                Governments Role in Implementing the Act

  • The government’s statistics on child adoption in 2007, there were 1,560 in-country adoptions and 770 inter-country adoptions. In 2011, there were 5,964 in-country adoptions and 589 inter-country adoptions whereas in 2014-15, there were 3,988 in-country adoptions and 374 inter-country ones.
  • The government, represented by both Additional Solicitor-Generals said the new Act brings adoption under the subject “care and protection of children” and “totally allays the fears of trafficking of children linked to inter-country adoption by making it transparent.”

Terming the new law and its guidelines “comprehensive” and in line with the U.N. Convention on the Rights of the Child of 1989, the Supreme Court said it “puts in place safeguards against trafficking of children in the name of adoption.”