Author: Anjali Bansal, LNCT University, Indore
Abstract
The adoption framework in India, governed primarily by the Central Adoption Resource Authority (CARA) under the Juvenile Justice Act, has long faced structural, legal, and social challenges. To protect children and make the adoption process easier for prospective adoptive parents (PAP), the Supreme Court recently criticized the adoption system as “cumbersome and frustrating.” While adoption demand in India has reached a decade-high, systemic delays, parental preferences, poor implementation, and societal stigma continue to create barriers. This article explores the challenges within India’s adoption system, judicial interventions, and measures required to streamline the process, with a focus on shifting towards child-centric adoption policies that uphold children’s rights to care, safety, and family.
To the point
In the recent hearing of the Supreme Court, a division bench of Justice B.V. Nagarathna and K.V. Vishwanathan has pointed out serious loopholes in the adoption system, stating it as “overly cumbersome and frustrating” for prospective adoptive parents (PAP) while hearing a matter related to child trafficking.
Having a child is a social stigma that will continue to exist in society, and for childless parents, adoption becomes the only way to fulfill their desire and get some social standing in society; however, due to the long and complex adoption procedure, parents are resorting to unlawful means. The bench said a couple desperately want a child, but the process is time-consuming and frustrating.The Central Adoption Resource Authority (CARA) was ordered by the Supreme Court earlier in July 2025 to speed up and simplify the adoption procedure.
Legal Jargon
Central Adoption Resource Authority (CARA)
The goal of CARA, a statutory and autonomous organization founded in 1990 by the Indian Ministry of Women and Child Development, is to assist in the domestic and international adoption of orphaned, abandoned, and surrendered children.
For domestic adoption, it regulates and monitors via the Juvenile Justice (Care and Protection of Children) Act, 2015.
In addition, CARA handles international adoption, serving as a Central Authority in accordance with the 1993 Hague Convention on Inter-country Adoption, which India joined in 2003.
Concerns and Challenges for Adoption
High Adoption: In 2025-26, CARA has received more than 4,500 adoptions, which is the highest in a decade. And this demand outweighs the supply by over 36,600. Prospective Adoptive Parents (PAP) are registered with only 2756 children legally available for adoption.
Long Waiting Period: The process of adoption remains a challenge for couples, as it has a long waiting period of 3.5 years for both infants and young children.
Poor CARA Implementation: CARA has been unable to bridge the gap between the number of children available for adoption and the number of parents waiting to adopt.
Structural and Legal Challenges: Weak implementation, inadequate training, and poor coordination among agencies are the challenges faced by the JJ Act of 2021which is causing delays in adoption.
Age Mismatch and Parental Preference: While 34% of children up for adoption are older than 14, the majority of Indian parents prefer to adopt infants between the ages of 0 and 2.
High Child Return Rate: Between 2017-2019, there high return rate of adopted children by their parents, out of which 60% were girls and 24% had special needs.
LGBTQ+ Adoption: Due to the formal societal stigma, LGBTQ+ individuals have often been rejected for adoption, which has led to informal and illegal adoption.
Informal Placement: Many children are placed with families by the hospital without following proper legal adoption procedures, which makes children prone and vulnerable to human trafficking and child abuse.
Steps taken to streamline the Adoption Process
Child-Centric Approach: Convert parent-centric adoption policies to child-centric ones that are in line with the UNCRC in order to prioritize children’s rights to family, care, and safety.
Simplify Adoption Procedures: By introducing time-bound clearances, digital CCI–CARA integration, and adoption officials with specialized training, the 2021 JJ Act and the 2022 Adoption Regulations can be made simpler.
Enhance Psychosocial Support: To reduce interruptions and promote family bonding, make sure CARA’s counseling requirement is properly implemented with qualified specialists.
Encourage Awareness & De-Stigmatize Adoption: Start IIEC (Information, Education, and Communication) campaigns to encourage adoption of older and special needs children and to combat the stigma associated with non-biological parenthood.
Conclusion
The Supreme Court’s recent remarks underscore a critical reality: India’s adoption system, despite being legally structured under CARA and the JJ Act, remains inadequate to meet the growing demand. The disparity between available children and waiting parents, coupled with stigma around older children, special needs, and LGBTQ+ adoption, has resulted in both illegal adoptions and child vulnerability. Moving forward, reforms must simplify procedures, enforce accountability, and place children—not parental preferences—at the center of the adoption ecosystem. A rights-based, child-centric framework aligned with UNCRC principles, supported by digital integration, trained adoption officers, and awareness campaigns, can ensure that every child in need of care finds a safe, nurturing family.
FAQs
Why did the Supreme Court call for a change to the adoption process?
The existing adoption procedure is too complicated, time-consuming, and frustrating for potential parents, according to the Court.. It emphasized that delays often push families toward illegal practices, endangering children’s welfare.
What are the main challenges in India’s adoption system?
Key challenges include the long waiting period (3.5 years), poor CARA implementation, parental preference for infants, stigma against older or special needs children, and societal discrimination against LGBTQ+ adoptive parents.
How can the adoption system be improved?
Reforms should focus on simplifying procedures under the JJ Act and Adoption Regulations, ensuring time-bound clearances, strengthening psychosocial support, promoting awareness campaigns, and shifting towards child-centric adoption policies that prioritize children’s rights to family and safety.
