--: Nazareth Sisu Bhavan

During the early days, i.e in 1940’s, Adoption was not so well known, popular or accepted in India or in the local society. Adoption was mainly done as a customary rite amongst the Hindus, which was done between two Hindu families, for religious and pious obligations, especially for the perpetration of one’s lineage. During this period the inmates of Sisu Bhavan, were looked after, cared and protected in the Institution itself.
It was from 1971 that the children of Sisu Bhavan, were started to be placed inter-country adoption, that is placing of Indian children with foreign nationals. Initially children were placed to persons hailing from Belgium, through a foreign sponsoring agency named `Joy Sowers’. With a few years, the inter-country adoptions became popular, and children from the Institution started being placed in all almost all parts of the world, especially to the Netherlands, France, Italy, Spain, U.S.A. etc. By the mid eighties adoption of children from India, gained momentum and acceptance amongst the people from different parts of the world. Unfortunately there were no statutory laws or guidelines to be followed or practised in adopting a child. Each State, Court and bodies used to adopt their own methods to give a child in adoption.

Within a few years, rackets and controversies arose, that the children of Indian soil, were being sold, transported and traficked to foreign soil, for prostitution, removal of organs, and umpteen other reasons. It was at this point of time in the year 1982, a lawyer named Laxmi Kant Pandey, practising before the Supreme Court of India, filed a writ petition before the Apex Court, bringing to its notice, about the ill-effects of Inter-country adoption and that normative and procedural safeguards had to be laid down to curb such apprehensive abuse, especially since there was no uniform adoption law in India.

His Lordship Justice.P.N.Bhagawathi ( as he then was) of the Apex Court, pronounced a
landmark and illumanitating judgment of all times, which much foresight, which laid down the procedural and normative safeguards that had to be followed by a foreign national and all persons concerned in the field, in placing a child to a foreign national. The basic structure was adopted by various countries for formulating the legislation on adoption, within their country. It is an off-shoot of the guidelines of the said decision that, the Central Adoption Resource Agency, (in short know as CARA) which is an autonomous body now, under the Ministry of Women and Child Welfare, was formed, to act as the Central Clearing/Monitoring House of adoptions within the Country.

The Apex Court in its subsequent judgements modified, clarified and removed certain

practical difficulties, which were faced, in the primary judgment. In the year 1994, CARA formulated guidelines, in tune with the Apex Court Judgments, which were published in the Official Gazette, laying down additional guidelines, to regulate Inter-country adoptions. In 2004 and 2006, CARA formualted guidelines to regulate adoption of children by Indian nationals and Foreign Nationals, respectively, which at present occupies the field, regulating the modus-operandi, the capacity, capability and the persons who can be adopt and be given in adoption etc,.