Centre Proposes Gender-Neutral Adoption Policy
- ByAdmin --
- 25 Apr 2025 --
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In a progressive move, the Central Government of India has proposed a gender-neutral adoption policy, marking a significant step towards ensuring equal rights for all individuals seeking to adopt children, regardless of their gender. This proposal, aimed at revising the existing adoption framework, seeks to provide greater inclusivity and fairness in the adoption process. The policy is designed to ensure that adoption rights are available to both men and women on an equal footing, addressing the concerns of gender biases and discrimination in adoption laws.
Background of the Proposal
The Indian adoption system is governed by the Hindu Adoption and Maintenance Act, 1956 (HAMA) and the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act). Currently, the adoption process under these laws often involves specific gender-based distinctions, primarily aimed at single parents or couples. Historically, adoption laws have placed more emphasis on women, with societal stereotypes dictating that women are more suited for caregiving roles.
Under the new policy proposal, the Centre aims to remove gender-based restrictions in adoption laws, ensuring that both men and women are equally eligible to adopt. The proposal also seeks to enhance the rights of same-sex couples, recognizing their right to adopt children.
Key Features of the Gender-Neutral Adoption Policy
- Equality for All Genders:
- The policy aims to remove any gender-based discrimination in the adoption process. It proposes that both men and women will have equal eligibility to adopt, without restrictions based on gender.
- The proposed policy would also extend adoption rights to LGBTQ+ individuals and same-sex couples, aligning with broader goals of inclusivity and equal rights under the Indian Constitution.
- The policy aims to remove any gender-based discrimination in the adoption process. It proposes that both men and women will have equal eligibility to adopt, without restrictions based on gender.
- Eligibility Criteria Overhaul:
- The eligibility criteria for adopting a child will be revamped to ensure that both genders are treated fairly. The current law includes provisions that favor women or marital status, such as the preferential treatment of women for adopting female children.
- The new policy will ensure that gender is not a barrier to adopting children, and both male and female applicants will be given equal priority based on their age, financial stability, and mental and emotional preparedness.
- The eligibility criteria for adopting a child will be revamped to ensure that both genders are treated fairly. The current law includes provisions that favor women or marital status, such as the preferential treatment of women for adopting female children.
- Simplified Adoption Process:
- The new policy will focus on streamlining the adoption process, making it more accessible and user-friendly for potential parents. The online adoption platform, which was introduced in 2015 under the Central Adoption Resource Authority (CARA), will be expanded and made more efficient to accommodate gender-neutral applicants.
- The proposed policy also calls for the training of social workers and child welfare officers to ensure the fair treatment of all adoption applicants, regardless of gender.
- The new policy will focus on streamlining the adoption process, making it more accessible and user-friendly for potential parents. The online adoption platform, which was introduced in 2015 under the Central Adoption Resource Authority (CARA), will be expanded and made more efficient to accommodate gender-neutral applicants.
- Focus on Child Welfare:
- While promoting gender-neutral adoption, the policy emphasizes the best interests of the child as the primary consideration in the adoption process. The welfare of the child will remain at the core of the new policy, ensuring that children are placed in homes where they will receive proper care, attention, and emotional support.
- The policy aims to provide a safe and nurturing environment for children and considers both the emotional maturity and preparedness of potential adoptive parents, rather than focusing on their gender.
- While promoting gender-neutral adoption, the policy emphasizes the best interests of the child as the primary consideration in the adoption process. The welfare of the child will remain at the core of the new policy, ensuring that children are placed in homes where they will receive proper care, attention, and emotional support.
- Support for Same-Sex Couples:
- The proposed policy explicitly extends adoption rights to same-sex couples, marking a historic step towards equal rights for the LGBTQ+ community in India. It recognizes that same-sex couples can provide a loving and supportive environment for raising children, thus advocating for the removal of any barriers in adoption laws that discriminate based on sexual orientation.
Legal Implications
- Constitutional Backing:
- The gender-neutral adoption policy is consistent with Article 14 of the Indian Constitution, which guarantees the right to equality before the law. By extending equal adoption rights to all genders, the government is ensuring that adoption laws are in line with constitutional principles of non-discrimination and equality.
- The gender-neutral adoption policy is consistent with Article 14 of the Indian Constitution, which guarantees the right to equality before the law. By extending equal adoption rights to all genders, the government is ensuring that adoption laws are in line with constitutional principles of non-discrimination and equality.
- Amendments to Existing Laws:
- The proposal may require amendments to various adoption-related statutes, including the Hindu Adoption and Maintenance Act, 1956 and the Juvenile Justice (Care and Protection of Children) Act, 2015, to eliminate provisions that create gender-specific distinctions in adoption.
- Additionally, provisions under the Central Adoption Resource Authority (CARA) will be reviewed to ensure that the online adoption process is inclusive of all genders, and adoption applications will be processed in an equitable manner.
- The proposal may require amendments to various adoption-related statutes, including the Hindu Adoption and Maintenance Act, 1956 and the Juvenile Justice (Care and Protection of Children) Act, 2015, to eliminate provisions that create gender-specific distinctions in adoption.
- Inclusion of LGBTQ+ Rights:
- The policy also aligns with the broader movement towards the recognition of LGBTQ+ rights in India, building upon the landmark judgment of the Supreme Court in Navtej Singh Johar v. Union of India (2018), which decriminalized consensual same-sex relationships. By allowing same-sex couples to adopt, the government is further advancing LGBTQ+ rights and ensuring their inclusion in mainstream societal functions.
Challenges and Concerns
- Cultural Resistance:
- One of the key challenges to the implementation of the gender-neutral adoption policy is societal resistance, especially in a country like India, where traditional gender roles and cultural values still play a significant role in shaping public opinion. While the policy aims to bring about much-needed change, there may be resistance from conservative sections of society who may view the removal of gender-based restrictions as controversial.
- One of the key challenges to the implementation of the gender-neutral adoption policy is societal resistance, especially in a country like India, where traditional gender roles and cultural values still play a significant role in shaping public opinion. While the policy aims to bring about much-needed change, there may be resistance from conservative sections of society who may view the removal of gender-based restrictions as controversial.
- Implementation Issues:
- The proposed policy may face implementation challenges, particularly in ensuring that social workers and child welfare authorities are adequately trained to treat all adoption applicants impartially. Ensuring equal treatment for all genders and sexual orientations will require significant efforts to educate and sensitize the relevant authorities.
Conclusion
The Centre’s proposal for a gender-neutral adoption policy is a progressive step towards achieving equality and inclusivity in India’s adoption system. By removing gender-based restrictions and extending adoption rights to all genders, including same-sex couples, the policy ensures that the adoption process is fairer and more transparent. However, for this proposal to succeed, it will require wide-scale societal acceptance and effective implementation. It will also mark an important moment in India’s ongoing journey towards gender equality and LGBTQ+ rights.
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