The Bombay High Court has taken suo motu cognisance of the increasing delays in the child adoption process across India, where prospective adoptive parents are now reportedly facing a waiting period of up to three and a half years. The Court expressed concern over this prolonged timeline, which has become a major hurdle for families wishing to adopt.
A division bench comprising Chief Justice Alok Aradhe and Justice Makarand Karnik initiated a suo motu Public Interest Litigation (PIL) on Monday after coming across a news report published in a leading national daily on April 3. The article highlighted the growing frustration among prospective adoptive parents (PAPs), many of whom have been waiting for years to adopt a child.
"We take suo motu cognisance of the communication (letter) written to one of us (Chief Justice Aradhe) on April 3 and also the report published in the Times of India on the same day, which highlights the grievances of the potential parents in waiting for their turn to adopt a child in India," the Chief Justice noted in the order.
The news report was based on data provided by the Central Adoption Resource Authority (CARA). According to CARA's statistics, only 2,400 children are currently available for adoption in India, despite there being a significantly higher number of 35,500 registered prospective adoptive parents. Of these 2,400 children, only 943 have been classified as "normal", making the gap between demand and availability even more alarming.
Highlighting this imbalance, the Court observed that the adoption system needs immediate attention to ensure that children without families are not kept waiting due to administrative delays, and that willing parents are not left struggling for years.
In response, the bench issued notices to the Union of India, CARA, and other concerned authorities, asking them to respond to the concerns raised in the suo motu PIL. The Court aims to examine the reasons behind such delays and whether the existing processes can be improved to shorten the waiting period.
Additionally, the Court appointed Senior Advocate Dr. Milind Sathe and Advocate Gaurav Shrivastava as Amicus Curiae in the matter to assist the bench with legal insight and suggestions.
The bench has made the notice returnable on June 23, when the matter will be heard further.
This move by the Bombay High Court marks a significant step toward reviewing and potentially reforming India’s adoption process. It brings much-needed attention to the emotional and procedural challenges faced by thousands of families hoping to bring a child into their home and to the plight of children waiting to be adopted.
