Govt cuts adoption window for foster kids from 5 to 2 years

Aditi Tandon

New Delhi, December 6

Foster families will no longer have to wait for five years to adopt a child. The process will now take two years, thanks to a Centre’s decision to ease adoption rules for foster families.

Rules amended

• District magistrates start issuing adoption orders under amended Juvenile Justice Rules, 2022
• Roadmap ready to reduce time taken from selection of the child to adoption from two years to two months

The government’s decision will bring the process for foster families on a par with general adoption procedures, wherein a child and adoptive parents are reviewed for two years post-adoption.

“Children placed in foster care by the Child Welfare Committee (CWC) used to wait for five years for adoption. New regulations provide that if the child adjusts well with the foster family, it can adopt the child after two years of fostering,” Women and Child Development Secretary Indevar Pandey said on Tuesday.

The ministry also said it was on track to reduce the average time for the entire process — from selecting a child to adopting one — from two years to two months.

Recent data show considerable reduction in the pendency in issuance of adoption orders. Ever since the new Juvenile Justice (JJ) Rules, 2022, came into force, pendency has majorly reduced.

The new rules, notified on September 23, authorise district magistrates to issue adoption orders, something the judiciary was previously doing.

Ministry statistics shows that on September 23, the date of the notification of the new JJ Rules, 905 adoption orders were pending across courts. It has now come down to 644.

“District magistrates have issued orders in 361 cases within weeks of the new rules coming into force,” said Pandey.

The Secretary added that timelines at various stages of adoption had been fixed and were being enforced — the CWC must upload an LFA (Legally Free for Adoption) document within 10 days; children with special needs should be examined within 15 days and the District Child Protection Unit must verify adoption application documents within five days.

Two months are allowed for a home study report, the first step to check the credentials and intent of prospective adoptive parents.

In a first, prospective parents are being counselled under the new adoption regime to reduce cases of surrender and aid the child’s psychological transition from a child care institution to a home.

At any given point of time, 2,400 children are available for adoption in India, while nearly 28,000 prospective parents keep waiting.