Bombay High Court Takes Suo Motu Action On India's 3.5-Year Adoption Waiting Period

The Bombay High Court has launched a suo motu petition addressing the extended waiting periods confronting prospective adoptive parents in India, which currently averages approximately 3.5 years. During Monday's proceedings, the court issued notices to both central and state governments, as well as to the Central Adoption Resource Authority (CARA).

A bench comprising Chief Justice Alok Aradhe and Justice MS Karnik initiated the case based on communication received by the Chief Justice on April 3, supplemented by recent media coverage highlighting adoption challenges. To facilitate the proceedings, the court appointed senior advocate Milind Sathe as amicus curiae, with advocate Gaurav Shrivastava providing assistance.

Current statistics reveal a significant imbalance in India's adoption landscape. While 35,701 prospective adoptive parents (PAPs) are registered on CARA's Carings portal—the mandatory first step in the adoption process—only 2,435 children are available nationwide. Of these available children, merely 897 are categorized as "normal," while 1,538 are children with special needs. Many applicants specifically seek children between 0-2 years of age, further constraining availability.

Despite these challenges, adoption rates have shown improvement. The 2024-25 period recorded over 4,500 adoptions by March 31, marking the highest figure since 2015-16. In the current financial year, 420 children from the Orphan/Abandoned/Surrendered (OAS) category have already found new homes.

The court has scheduled further hearings on this matter for June 23, as it seeks to address the systemic issues affecting adoption processes across the country.