'Very serious issue that parents are waiting to adopt children for 4-5 years', says SC

A bench led by Chief Justice of India DY Chandrachud and comprising justices JB Pardiwala and Manoj Misra on Friday voiced displeasure over the failure to set up Specialised Adoption Agencies (SAA), meant to streamline the adoption process of abandoned and surrendered children in 370 districts across the country, reports ETV Bharat's Sumit Saxena.

New Delhi:The Supreme Court on Friday expressed its discontent over the delay in constituting specialised adoption agencies (SAA), meant to streamline the adoption process of abandoned and surrendered children, in 370 districts across the country.

A bench led by Chief Justice of India D Y Chandrachud and comprising justices J B Pardiwala and Manoj Misra said, “This is a very serious issue that parents are waiting to adopt children for 4-5 years….”. “Situation in life changes, you would want to adopt a child at 30, by the time you are 35, you say oh my god! Life has completely changed, can’t possibly adopt ….”, said the CJI. “We are passing these orders....whether we are really making any difference on the ground at all”, said the CJI.

The apex court warned the states and union territories of “coercive steps” for non-compliance of its directions, while expressing its anguish that out of 760 districts in the country, 370 do not have functional SAAs, which is a necessary legal requirement under the Juvenile Justice Act. The bench said that if the directions issued by it on November 20, 2023, are not complied with, then it will be constrained to take coercive steps.

The apex court also asked states and UTs to provide the latest data by April 7 to the Union Ministry of Women and Child Development on setting up of SAAs and the number of adoptions.

Additional solicitor general Aishwarya Bhati, representing the Centre, said, in order to make the adoption process smooth, states should be asked to provide the data to the Centre for effective implementation of court orders.

The apex court was hearing a plea by “The Temple of Healing”, represented by Piyush Saxena, which sought simplification of the legal process for child adoption in India, saying only 4,000 adoptions take place annually in the country.

In an order passed on November 20, the apex court had said, “All States and Union Territories are peremptorily directed to ensure that within every district falling within their jurisdiction, SAAs as required by the Juvenile Justice Act 2015, shall be set up by 31 January 2024”.

The SAAs prepare the home study report of the prospective adoptive parents, and after finding them eligible, refers a child declared legally free for adoption to them along with the child study report and the medical report of the child.

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