Influencer’s arrest throws spotlight on adoption laws

The arrest and release of ‘Bigg Boss’ participant Sonu Srinivas Gowda again highlights the lack of awareness about adoption laws.

Sonu, who posts reels on Instagram, was arrested in March for adopting a child without following due process. She was released on bail on April 6.

The 29-year-old, who went online and posted videos of herself with the ‘adopted’ girl, said in a video that she had convinced a couple she knew to hand over their child to her. She even posted a video of travelling to Raichur to meet the child’s family.

MetroLife spoke to advocates and experts on common misconceptions about adoption and foster care.

Adoption vs fostering

Both urban and rural populations have a host of misconceptions about adoption, says Aloma Lobo, former chairperson of the Central Adoption Resource Authority (CARA).

“People altogether don’t understand what adoption means. Adoption gives you all the rights and privileges of a biological relationship. The laws are made for the safety and security of the child and the family. They secure the relationship between the adopter and the child,” she explains.

According to the Juvenile Justice Act of 2015, if the legal procedure isn’t followed, the accused can face up to three years in jail and a fine of up to Rs 1 lakh.

“Many believe the adoption process is difficult and time consuming. Some even try to bypass the laws. Over the years, I have encountered cases where lack of awareness has led to people having various concerns about the process. What to do if biological parents want the child back? Or if they demand monetary compensation? Laws are put in place to avoid situations like this,” she says.

In India, adoption is governed by multiple laws including the Juvenile Justice Act of 2015, the Guardian and Ward Act of 1980 and The Hindu Adoption and Maintenance Act of 1956.

While adoption is a permanent commitment, foster care is temporary. “Like adoption, fostering is also a legal process. Fostering a child requires the approval of the Foster Care Approval Committee, which consists of the
district child protection officer, the Child Welfare Committee chairperson, the protection officer, and a representative from an NGO. There are various authorities to licence and facilitate domestic and international adoption,” says advocate Indra Dhanush.

Apart from temporary foster care, ‘pre-adoption foster care’ is also mentioned in the Juvenile Justice Act. “Pre-adoption foster care is when you decide to take care of the child as the paperwork is being done. It gives you temporary custody,” elaborates Aloma.

Paying illegal

The FIR against Sonu says that the child was likely ‘sold’ as she claimed she had paid the parents ‘in kind’.

If that is the case, it is a violation of the Juvenile Justice Act, says advocate Akanksha Natesan. “Section 61 of the Juvenile Justice Act bars any monetary compensation being paid for adoption. An essential component of the adoption process is for the relevant authority to ensure that there is no monetary consideration. The sale or purchase of a child for any purpose is punishable under Section 81 of the Act with a punishment which may extend to five years of imprisonment and a fine of up to Rs 1 lakh,” she explains.

According to CARA, an age gap of 25 years between the child and the adopter is required. The rule has been empowered by the Juvenile Justice Act. “This is mentioned in Regulation 5 of the Adoption Regulations framed by CARA. Maximum age limits are also mentioned for prospective adoptive parents. This isn’t applicable to relatives and step-parents though,” adds Akanksha.

What Happened?
‘Bigg Boss’ Kannada fame Sonu Srinivas Gowda ‘adopted’ an eight-year-old girl from Raichur. She claimed she had taken the child from a labourer couple legally, and the process had taken three months.
She posted videos with the child on her social media handles, which have over 10 lakh followers. A complaint from the District Child Protection Unit eventually said she had flouted various laws. Sonu did not respond to calls and messages from Metrolife.

Things to Know

All prospective adoptive parents must register with CARA.

While a single female can adopt a child of any gender, a single male can’t adopt a girl child.

No child is given in adoption to a couple unless they have been in a stable marital relationship for at least two years.

Exceptions to the two-year rule are made in the case of relatives and step-parents being the adopters.

The adoption process takes about three years. The wait is shorter for children with special needs.