Messages on Covid adoption illegal; follow due legal process for adoption: Experts

Responding to multiple viral social media messages, concerning the adoption of children whose parents have allegedly died of Covid-19, the state government on Monday issued a clarification stating that such attempts at adoption are illegal and can attract punitive action under the Indian Penal Code, the Care and Protection of Children Act (2015) as well as the Centre’s Adoption Rules (2017)

Responding to multiple viral social media messages, concerning the adoption of children whose parents have allegedly died of Covid-19, the state government on Monday issued a clarification stating that such attempts at adoption are illegal and can attract punitive action under the Indian Penal Code, the Care and Protection of Children Act (2015) as well as the Centre’s Adoption Rules (2017). The Maharashtra Women and Child Development Department also urged citizens to follow the due legal process for adoption in such cases and to report matters to the Centre’s 1098 helpline or the State Adoption Resource Agency’s helpline at 8329041531.

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“Deaths of both the parents due to Covid-19 are causing serious problems... which are exacerbated by the fact that such children are sometimes not accepted by relatives. On the one hand, the issue of such children is taking a serious turn and the picture on social media shows that some miscreants are using this issue as an opportunity to sell each other’s children. For this, various emotional posts are being posted on social media like Facebook, WhatsApp, Instagram, Twitter etc. and a picture is being created that children are available for adoption,” the Women and Child Development Department said in a statement issued Tuesday.

For example, one such widely circulated message read, “If anyone wishes to adopt a girl, please feel free to contact 09711104773 (Priyanka). One girl is 3 days old and another is 6 months old, they have lost their parents recently due to covid. Please help these kids get a new life, spread the word.”

HT tried to reach out to the number but was met with a constant busy tone.

Commenting on the matter, IA Kundan, secretary, Women and Child Development Department, said, “We are aware of such messages going around on social media platforms. But, so far we haven’t received any official complaint. To raise awareness among people, we have posted about the guidelines on the website and social media pages of women and child development. It is punishable offence to indulge in such illegal adoptions.”

Yashomati Thakur, woman and child welfare minister said that the state government has taken suo motu cognisance of the cases of the children becoming orphans by losing their parents due to the pandemic. “The cases of children becoming orphans have gone up during the pandemic. We have asked the district collectors and Child Welfare Committees (CWCs) at the district level to look into them immediately to extend their support. Legal adoption is a must, otherwise, it may be very dangerous for the future of the child. We have appealed to the relatives of such children to come forward and bring it to our notice so that all kind of help is provided to them,” she said.

The minister said that she has convened a meeting this week to discuss this issue and discourage people from directly adopting such children without following the legal process. “Some people may have knowingly or unknowingly resorted to illegal ways of adoption, it would not be tolerated. There are legal, psychological issues involved with the parenting of such children that need to be addressed accordingly,” she said.

Thakur said that the orphanages in Maharashtra are in very good condition and every care is taken to through dedicated welfare officers for these institutions.

Manisha Birasis, assistant commissioner, woman and child development department, said that legal adoption was very important to give the child its right of biological parents and legal powers coming therewith. “The direct adoption may lead to trafficking. We have witnessed such cases in the past and have registered criminal cases under the Indian Penal Code and Juvenile Justice Act. We have initiated action through cybercrime cell after we came across such an attempt through a Facebook post for the adoption of two children who had lost their parents of Covid-19. The adoption should be done only through CARA and by following the legal process,” she said.

Birasis said that at least 20,000 genuine applicants are waiting in Maharashtra for adoption. “The applicants go through the procedure of the home study, ability to adopt, review by the expert panel before they are made eligible for the adoption. The illegal adoptions also deprive the children from these eligible parents who are scrutinized through a set procedure,” she said.

The department has also launched a helpline (8308992222 and 7400015518) with the help of Save The Children India for counselling and helping orphan children. The helpline will also extend support to the children whose parents have tested positive for Covid-19 and need help for time being.

Birasis said that besides the adoption, the department has a scheme called Balsangopan Yojana which financially helps the parents, single parents, relatives looking after orphan children with the monthly assistance of ₹1,125. “The children are thus maintained in the family without going to the orphanage or adoption and it’s the basic principle of the JJ Act,” she said.

The issue isn’t isolated to Mumbai alone. Earlier this week, Delhi’s Commission for Protection of Child Right (DCPCR) appealed to people on social media to call on their helpline number and report cases where children need essential supplies, have lost their parent(s), or are struggling to support themselves due to the illness. The Delhi child rights body said that requests for adopting children orphaned amid the pandemic have also started pouring in.

“The DCPCR has come across many instances on social media (Facebook, Twitter and WhatsApp), where the people who have information about the orphan children are encouraging people to adopt these children. In some cases, they post updates that the child or children have been adopted. I am sure that some of these are out of innocence and ignorance of the law governing adoption. However, they may also be cases of trafficking and sale-purchase of children. Either way, deserve to be inquired into to get to the depth of the matter,” DCPCR chairperson Anurag Kundu wrote to the Delhi police this week.