From Placement to Permanence: KeLSA Report Proposes Sweeping Adoption Reforms to Kerala High Court

KOCHI – In a significant move that could reshape the landscape of adoption and foster care in India, the Victim Rights Centre (VRC) of the Kerala State Legal Services Authority (KeLSA) has submitted a comprehensive report to the Kerala High Court, advocating for a fundamental shift from merely placing children with families to ensuring the long-term success and stability of those placements.

The report, submitted by Adv. Parvathi Menon A., Project Co-ordinator of the VRC, was prompted by a writ petition before Justice Sobha Annamma Eapen. The petition was filed by an adoptive mother seeking judicial direction for the Child Welfare Committee (CWC) to accept the surrender of her adopted child. Recognizing the deeper systemic issues at play, Justice Eapen suo motu impleaded Adv. Menon, leading to the creation of this forward-thinking document. The Court has since asked the Deputy Solicitor General of India (DSGI) to seek instructions from the union government on the suggestions, with the next hearing scheduled for October 22.

The report's central thesis is a call for the legal and social framework to view adoption and foster care not as a one-time event, but as a "long-term commitment." It argues that the system must evolve to focus “on sustaining such placements to ensure stability, security and holistic development” for the child. This perspective informs a wide array of detailed, practical suggestions aimed at bolstering support for children and adoptive families at every stage of the process.

Fortifying the Pre-Adoption Process: A Proactive Approach

The VRC report places significant emphasis on preparing prospective adoptive parents (PAPs) for the complex realities of raising an adopted child, who may have experienced trauma or disruption. It proposes several key reforms to the pre-adoption stage:

• Mandatory Training and Counselling: The report suggests that all PAPs should undergo mandatory, in-depth training on crucial topics such as behavioural and psychological issues, trauma-informed care, gender sensitivity, and adolescent development. This aims to equip parents with the necessary skills to navigate potential challenges effectively.
• Psychological Assessment: A thorough psychological assessment and counselling for PAPs are recommended to ensure they are emotionally and mentally prepared for the lifelong commitment of parenthood through adoption.
• Trial Foster Placement: Perhaps one of the most significant procedural changes suggested is that final adoption orders should only be granted after a supervised "trial foster placement." This period would allow both the child and the prospective family to adapt, with professional oversight to identify and address any nascent issues before the adoption is legally finalized.

A Robust Framework for Post-Adoption Support

Recognizing that challenges can arise long after a child has been placed, the report outlines a comprehensive architecture for post-adoption care. The VRC opines that a robust support system is critical to prevent placement disruptions. The key recommendations include:

• Dedicated Support Infrastructure: The establishment of dedicated counselling centres, 24/7 helplines, access to family therapy, and the creation of peer support groups for adoptive families.
• Access to Mental Health Professionals: Ensuring free and easy access to child mental health professionals is highlighted as a non-negotiable component of post-adoption care.
• Structured Follow-Up Mechanisms: The report advocates for periodic home visits by social workers, the implementation of confidential child feedback mechanisms, and the creation of conflict resolution panels. This proactive monitoring aims to resolve issues at the outset before they escalate.

The VRC also astutely addresses the sensitivity of long-term follow-ups, particularly for older children who may be unaware of their adoption. It acknowledges that "extended follow-up might be emotionally harmful as the child may come to know about the adoption." Consequently, it recommends that these systems, while stringent, must be well-structured and implemented with extreme care and sensitivity to the unique circumstances of each family.

Addressing Adoption Annulment: A Child-Centric Last Resort

The report delves into the difficult and emotionally fraught issue of adoption disruption or annulment. It strongly argues against treating children as disposable assets, stating, “Children cannot be treated as mere chattels, with little regard for their emotional security.”

To ensure that annulment is truly a last resort and handled in a manner that protects the child's best interests, the VRC proposes:

• Multidisciplinary Annulment Review Board: A specialized board, including personnel from the Central Adoption Resource Authority (CARA) or State Adoption Resource Agency (SARA), should review every proposed return of a child to institutional care.
• Procedural Safeguards: This board must hear directly from the child (in an age-appropriate manner) and confirm that all alternative dispute resolution mechanisms, such as intensive counselling and mediation, have been exhausted.
• Ensuring Financial Security: In the rare event that annulment is deemed unavoidable, the report makes a powerful recommendation: "the adoptive parents should be required to ensure the child's financial security as an integral part of the annulment process." This provision seeks to mitigate the profound financial upheaval a child faces when abruptly removed from a stable home.

Expanding Legal Aid and Reunification Protocols

The report also champions the role of legal services in safeguarding children's rights. It suggests that "Legal Services Institutions across the country can provide child legal assistance by adopting model such as Child Legal Assistance Program (CLAP) functioning under the aegis of the Kerala State Legal Services Authority.” This, combined with the dedicated assistance of a child support lawyer and a psychologist from the state's Department of Women and Child Development, would create a powerful advocacy team for every child in the system.

Furthermore, the VRC addresses the delicate process of reuniting a child with biological parents after a period in foster care. It recommends a "gradual and child-centric" process involving phased visitations, joint counselling, and the active involvement of the foster carer to provide continuity and reassurance for the child.

The report concludes by noting the absence of the concept of "emancipation" in the current legislative framework, suggesting that adoption should be an irrevocable commitment that cannot be annulled simply because a child has reached the age of majority. With a final prayer for the union and state governments to consider these suggestions for legislative and regulatory amendments, the VRC report sets a new, higher bar for the discourse on child welfare in India.