The adoption rate within the country as well as those by foreign nationals in India has gone down by nearly 50 per cent in the last five years. While South Indian states such as Tamil Nadu, Andhra Pradesh, Karnataka and Kerala have still maintained a relatively high rate of adoption, states like Bihar, Jharkhand, Goa and Uttarakhand, along with the seven North-Eastern states, have recorded an abysmally low number of child adoption.As per Government records, 6,321 children were adopted in 2010. However, the number of adoptions came down to 4,354 in 2013. Maharashtra has the highest rate of adoption despite the downward trend. Among the foreign countries, the US leads in adopting Indian children.

Reasons for declining rate of child adoption in India  

• Low rate of adoption in North-Eastern states was primarily due to absence of government-recognised adoption agencies.
• States like Bihar, Mizoram, Manipur, Meghalaya and Arunachal Pradesh do not have any registered agency due to which adoption of children has taken a hit in these states.
• Tedious adoption norms and slow judicial process further slowed down the adoption process. FIRs are registered in nearly 80 per cent of the cases and hence, adoption cannot be done without getting clearance from the local courts.
• Cases pertaining to girl child deter the adoption agencies from being pro-active.
• Preferences of most prospective Indian parents range from fair complexion to gender, but most centre around age and physical health. Hence, delay adoptions
• Artificial reproductive technology is giving stiff competition to the cause of adoption.

Provision for child- adoption in JJ Act 2015

• The Central Adoption Resource Agency will frame regulations on adoption. These regulations will be implemented by state and district agencies. Prospective adoptive parents should be physically and financially sound. A single or divorced person may adopt a child. A single male may not adopt a girl child.
• To facilitate quick and smooth adoption of children, the entire adoption process has been made online and transparent.
• Simplified procedures have been laid down for adoption by relatives.
• Child care institutions are required to develop linkages with Specialized Adoption Agencies so that the pool of adoptable children can be increased and these children can be brought into the adoption process.
• Central Adoption Resource Authority (CARA), which was earliera society has been given the status of a statutory body to enable it to function better. The Draft Rules prescribe for a comprehensive list of function of CARA, to facilitate its smooth functioning.
• Separate chapter on Adoption provides for detailed provisions relating to adoption and punishments for not complying with the laid down procedure.
• Processes have been streamlined with timelines for both in-country and inter-country adoption including declaring a child legally free for adoption.

But some concerns remain

• Under the Amended JJ Act, it is illegal for foreigners to adopt a child without a valid court order. Under the Amended JJ Act, it is illegal for foreigners to adopt a child without a valid court order. This makes adoption by foreigners a tedious process.
• The Delhi High Court in July, 2016 reprimanded CARAfor low adoption rates in the country. It also ruled that in cases of adoption where biological parents are themselves willing to give the child up for adoption, the JJ Act of 2015 does not apply as it only concerns orphans and the abandoned.
• Various social workers in the national capital say the thriving illegal adoption industry, which law enforcement agencies haven't cracked down upon, is the reason behind the low official numbers. Overall, the amended rules are a step in the right direction and various lacunaes should be addressed to increase adoption rates in India.