Adoption | KeLSA Proposes Legal Aid For Children, Post-Adoption Support, Financial Responsibility Of Adoptive Parents After Dissolution

 Justice Shoba Annamma Eapen was considering a writ petition by a single mother seeking dissolution of adoption.

The Court had earlier referred the matter to the Victim Rights Centre (VRC) of the Kerala State Legal Services Authority (KeLSA). After several rounds of deliberations and interactions with both the petitioner-mother and the child, the Project co-ordinator, VRC had facilitated an interim arrangement whereby the child was initially shifted to a children's home. Thereafter, steps were taken for the child's repatriation to the child's home State.

During the course of the proceedings, the counsel for the petitioner and the Project Coordinator, VRC, also placed before the appropriate authorities certain suggestions for amendment of the Adoption Regulations, 2022, with a view to addressing similar situations in the larger public interest and strengthening the safeguards available in adoption-related cases.

"As directed by this Court, on behalf of the first respondent/the Secretary, Ministry of Women and Child Development, Smt. Bhavna Saxena, CEO, Central Adoption Resource Authority, New Delhi - the third respondent appeared online. She agreed to consider the suggestions put forward by Adv.Parvathi Menon.A, Project Coordinator, Victim Rights Centre, KeLSA, as well as the suggestions made by Adv. Shibin K.F, the learned counsel for the petitioner," the order notes. 

Agency responsible for adoption dissolution

One of the key recommendations in KeLSA's report concerns uncertainty over which Specialized Adoption Agency (SAA) should initiate proceedings for dissolution of an adoption when an adopted child has moved to another district or State.

The report points to an apparent gap between Regulations 13 and 14 of the Adoption Regulations, 2022. While Regulation 13 links adoption proceedings to the district where the child is located, Regulation 14 places post-adoption follow-up responsibilities on the agency that prepared the Home Study Report and also contemplates involvement of authorities in the district to which the family has relocated.

The report says Regulation 14(6) consequently creates an interpretational issue regarding which SAA is responsible for initiating dissolution proceedings after relocation.

It recommends expressly defining the respective roles of the original SAA, the SAA and District Child Protection Unit (DCPU) in the child's new district, and the manner in which responsibility should be transferred or coordinated.

According to the report, giving a clearly defined role to the agency in the district where the child is presently residing would enable authorities with direct access to the child to assess the child's safety, welfare, emotional condition and immediate needs.

Legal assistance for children

The report also recommends a greater role for Legal Services Institutions at different stages of the adoption process, particularly when a child's rights and welfare are directly affected.

It calls for meaningful participation of children who are of sufficient age and maturity, allowing them to express their wishes, concerns and preferences, with their views receiving due consideration based on their age, maturity and evolving capacity.

Independent legal assistance should also be made available to children in proceedings concerning adoption, placement, relocation or possible dissolution, the report says.

It suggests that Legal Services Institutions across India could consider adopting a model similar to the Child Legal Assistance Programme (CLAP) functioning under KeLSA. Under the proposed model, a child-support lawyer could work alongside a qualified psychologist or child-care professional to ascertain the child's views and place relevant welfare considerations before the competent authority.

The report further proposes a specialised legal-aid mechanism based on the Project VRC–Kerala model for adoption-dissolution cases. Such assistance could extend to adoptive parents facing legal and emotional difficulties during dissolution proceedings.

Home Study Reports should assess parenting capacity

The report recommends that Home Study Reports should move beyond a checklist-based verification exercise.

They should substantively assess prospective adoptive parents' parenting capacity, motivation for adoption, understanding of the long-term implications of adoption and their ability to respond to a child's emotional and developmental needs.

Pre-adoption preparation for children

Another recommendation seeks age-appropriate preparation of children before adoption.

Children who are sufficiently mature should, to the extent appropriate, be informed about prospective adoptive parents, the meaning of adoption and possible changes involving their name, residence, school and social environment.

The report also highlights the need to address continuity of relationships with siblings and relatives and questions concerning biological origins and identity.

It says children should not merely be the subjects of adoption decisions but, according to their age and maturity, should participate in decisions fundamentally affecting their lives.

Permanent post-adoption support

The report recommends treating post-adoption services as a continuing support system rather than merely an inspection or monitoring mechanism.

Such services could include counselling, parenting assistance, psychological services, educational support, disability-related services, assistance during adolescence, family counselling, relationship counselling and mediation in cases of family conflict.

Safeguards against repeated placements

The report also proposes safeguards against repeated replacement of children from one family or placement to another.

It notes that repeated transfers can affect a child's sense of security, continuity and belonging. Foster care, it says, should be clearly understood as a temporary arrangement unless converted into an appropriate permanent arrangement in accordance with law.

The report calls for financial, social, counselling and professional support for foster families, accompanied by appropriate accountability and standards of care.

Adoptive parents' financial responsibility after dissolution

The report observes that children may develop emotional bonds with adoptive families and become accustomed to their care, social environment, education and standard of living. A sudden disruption can consequently have emotional, psychological, social and financial consequences.

It proposes that, subject to applicable law and the circumstances of each case, adoptive parents should be required to address the child's continuing financial, educational, medical and other essential needs as part of dissolution proceedings.

Adoption Ombudsman

The report has proposed the creation of a multidisciplinary Annulment Review Board or Adoption Ombudsman.

The proposed body should mandatorily include personnel from the Central Adoption Resource Authority (CARA) or State Adoption Resource Authority (SARA) and should exhaust alternatives such as counselling, respite foster care and mediation before permitting disruption or dissolution.

It is also recommended that the child's voice should also be heard in decisions wherever necessary.

The matter has been posted on October 23 for further consideration.

Case Title: X v The Union of India and Ors.

Case No: WP(C) 6428/ 2025

Counsel for Petitioner: Shibin K.F, Seby JOseph, Aneena Roy

Counsel for Respondent: O.M. Shalina (DSGI), A. Parvathi Menon (Advocate By Court Order)