Introduction:

Bombay High Court’s Suo Motu PIL on Adoption Delays

In a significant move addressing the challenges faced by prospective adoptive parents (PAPS) in India, the Bombay High Court has taken suo motu cognisance of the prolonged waiting periods in the adoption process. The Division Bench, comprising Chief Justice Alok Aradhe and Justice Makarand Karnik, initiated a Public Interest Litigation (PIL) based on a news report highlighting that the average waiting time for PAPS has escalated to approximately 3.5 years. This development underscores the judiciary’s proactive stance in ensuring the rights and welfare of both children awaiting adoption and the families eager to welcome them.

Arguments Presented:

Petitioners’ Perspective:

While this is a suo motu PIL and not initiated by specific petitioners, the concerns raised reflect the collective grievances of numerous PAPS across the country. The primary contention revolves around the extensive delays in the adoption process, which not only dampen the hopes of aspiring parents but also affect the welfare of children awaiting familial care. The data indicates a stark disparity: over 35,500 registered PAPS vying for approximately 2,400 children available for adoption, of which only 943 are classified as “normal”. This imbalance exacerbates the waiting period, especially for those seeking to adopt infants or young children.

Respondents’ Perspective:

The Central Adoption Resource Authority (CARA) and the Union of India, as respondents, are expected to provide insights into the systemic challenges contributing to these delays. Preliminary observations suggest that the high demand for younger children, coupled with a limited number of such children legally available for adoption, creates a bottleneck. Additionally, stringent regulations and procedural formalities, while essential for safeguarding children’s interests, may inadvertently prolong the process. The respondents are anticipated to present data-driven analyses and propose measures to streamline the adoption system without compromising our diligence.

Court’s Observations and Interim Measures

Recognising the gravity of the situation, the Bombay High Court has issued notices to the Union of India, CARA, and other relevant authorities, seeking their responses to the concerns raised. To assist in this complex matter, the court has appointed Senior Advocate Dr. Milind Sathe and Advocate Gaurav Shrivastava as Amicus Curiae. Their role will be pivotal in providing expert legal perspectives and recommendations. The bench has scheduled the next hearing for June 23, 2025, emphasising the urgency of addressing the systemic issues plaguing the adoption process.