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Building a better tomorrow
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Kinney is referring to the changes made in the State and National system of adoption dating back to a landmark judgment made by Justice Bhagwati in 1984 wherein the Rights of child were given legal consideration and recognition in State Law, and where the promotion of Indian adoption was legalised through the judiciary. "This way there is no grey area as far as legal protection for the child is concerned." This was important in streamlining and standardising the adoption procedures. In Maharashtra there are currently as many as three Acts which govern the adoption system and give it legal adjudication, thereby making it law: Hindu Adoption and Maintenance Act, 1956, (HAMA), Guardian and Ward Act, 1890, (GWA), and the Juvenile Justice Act 2000
In India as in Russia (Ref. The Times of India, November 15, 2004) preference is given to adoptive parents from the same country.
According to Mrs. Apparao, President Indian Association for Promotion of Adoption in Mumbai, "The Government of India is protective about Indian children remaining in India and close to their culture. Thus preference is given firstly to local Indian parents, then to NRIs and the child's name is entered for international adoption only as a last, least preferred option, wherein the child may go abroad with foreign foster parents."
Checking statistics:
So what do the numbers tell us and do they matter? It is generally advocated by academics that international adoption, especially in the US is prompted by poverty, social upheaval, etc. Historically, US citizens start adopting children from other countries after World War II (wherein children of mostly European and Japanese origin were adopted), the Civil War in Greece (1946-1949), the Korean War (1950-1953) and the Vietnam War (1954-1975).
Factors involving poverty and social upheaval are evident in the increase of adoptions from Latin America, the break-up of the USSR (former Soviet Union), and civil strife in Eastern Europe in the last twenty-odd years. Gender statistics, of boys in comparison to girls, are also based on country-specific factors. For example, in China where more infant girls are abandoned to orphanages, the girl child leads in adoption figures. In India till date there are no conclusive studies on personal factors leading to a person's decision to adopt a child, or for their preference regarding the child's sexual identity.
- However, Indian statistics do reveal that between 1991-2000 just over 6,000 adoptions took place (6,018) with 57% being Indian adoptions and 43% foreign adoptions under the HAMA and GWA Acts.
- The male-to-female ratio differed dramatically under both Acts, with adoptions conducted under HAMA holding a 54:46 male-female ratio while those under GWA had a 31:69 male-female ratio.
- Perhaps the most interesting and revealing statistic was concerning foreign adoptions, wherein female adoptions jumped to 76% as compared with male adoptions which were a mere 24%. Another disturbing trend confirmed by these figures was the decrease in total Indian adoptions between 1991 and 2000, dropping by as much as 18% to only 285 adoptions nationwide for the year 2000.
Despite such statistics and the seeming discrepancies that occasionally percolate in the media over the streamlining of the relevant legislation at the regional, national and international levels, adoption still remains a viable and important option for couples who are childless and also for couples who can conceive but choose to adopt by choice and for large-hearted families who have the proper background, experience and education to offer a less fortunate child an opportunity to make his/her life not just better, but also worth living. Just like it is beautiful, for you and I.
Next week read first person accounts of parents who have adopted
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