BREAKING BOUNDARIES: exploring the parental adoption in the absence of laws in India

  

BREAKING BOUNDARIES:

Exploring parental adoption in the absence of laws in India

 

Written By – Gargee

BALLB 2^ND YEAR  

ICFAI University, Dehradun, Uttarakhand

 

Edited By: Advocate Yash Jain

Amity Law School, Noida

 

INTRODUCTION

In a country like India, the family holds a special place in people's hearts. Traditionally, we often see joint families, where several generations live together under one roof. The older members, aged between 60-80 years, of the family, are highly respected and their decisions carry great weight. However, times have changed, and things are not the same as they used to be.

Nowadays, while many still cherish and care for their older family members/ parents, there are instances where some people consider them a burden and choose to evict them from their homes. This unfortunate reality has led to the emergence of a unique and heartwarming concept - PARENTAL ADOPTION.

In this blog, we will delve into the significance of parental adoption and how it can be a transformative solution to the struggles faced by older adults. We will also discuss the potential for creating laws that support and uplift the elderly, making them an integral part of the family fabric.

CONCEPT OF PARENTAL ADOPTION

·       Definition - Parental adoption is a truly heartwarming concept where young adults, aged between 25 to 30 years, who may have lost their parents or never had them, decide to become caregivers and adopt older adults as their own parents. It's a beautiful way for them to create a loving family and spend their lives together with happiness and care. This unique act of love shows that family is not just about blood ties, but about the warmth and affection we share with those we choose to call our own.

 

·       Motivation and explanation behind the idea of parental adoption 

Parental adoption is not just a beautiful idea; it's a practical solution that can make a significant difference in the lives of many older adults who are homeless or left without proper care. In India, there are around 18 million older people who don't have a place to call home, while the number of old-age homes is approx. 728 only. As humans, we possess a sense of humanity and empathy towards both animals and fellow humans.

 The bond between parents and children is indescribable; parents give life to their children, and in turn, children give life to the role of parents. Before that, they may have been siblings, sons and daughters, husbands, and wives but not mother and father. This bond makes them unique to one another. Unfortunately, there are many older parents who have adult children that don't respect or value them, leaving them in old-age homes or even evicting them from their homes.

 On the other hand, there are young adults who have lost their parents or never had them but yearn for the love and guidance only parents can provide. They understand the significance of emotional support in life and recognize the value of cherishing their parents in their later years. write it in your own words but be simple.Just like child adoption, where childless parents adopt parentless children, parental adoption works similarly. Parentless young adults can adopt these older parents and create a happy and loving family together. They can fulfil each other's desires and needs, providing emotional, mental, and physical care. As we grow older, so do our parents, and it's our responsibility to take care of them  with love and respect. Treating older parents with the same care and affection we give to children is essential. They might behave like children sometimes, but that's okay because they deserve all the love and care in their golden years.

CHALLENGES AND TRIUMPHS

·       Lack of Legal Framework: In India, there is currently no specific law addressing parental adoption. Without a clear legal process, individuals who wish to adopt elderly people may face difficulties and uncertainties. Establishing an adoption act with essential provisions is crucial to ensure a smoother and more secure process for those who want to choose this path.

·       Adjusting to New Family Dynamics: Adopted parents and their new children may need time to feel comfortable with each other. Elderly individuals, who have already spent a significant portion of their lives with their birth families, may find it challenging to adjust to a new family environment. Patience, understanding, and open communication are essential to foster a loving and harmonious relationship.

·       Diversity in Religions and Castes: India's rich diversity includes different religions, castes, traditions, and cultures. Religion holds significant importance for many Indians, influencing their dressing sense, personality, and thoughts.

·       When people from different religious backgrounds come together as a family, differences in beliefs may arise. Striking a balance between religious practices and embracing humanity is essential for building a strong and united family.

·       Potential for Misuse: Unfortunately, not everyone may have good intentions. Some individuals may misuse the concept of parental adoption for personal gain. Older adults seek emotional support and care in their later years, and there is a risk that someone might take advantage of their vulnerability. We must ensure the well-being of older adults by prioritizing their free consent and protecting them from any undue influence.

Despite these challenges, the triumphs of parental adoption are truly heartening:

·       Love and Nurturing: Young adults wholeheartedly embrace their roles, showering love, care, and emotional support on the older adults they have chosen as their parents. This love creates a nurturing environment where both parties find comfort and happiness.

·       Creating Meaningful Connections: Parental adoption fosters meaningful connections that go beyond blood relations. These families demonstrate the power of love and compassion in forming strong bonds and creating a sense of belonging for everyone involved.

·       Overcoming Adversity: Young adults and older adults display incredible resilience and determination in facing the challenges that come their way. Their willingness to overcome obstacles and create a harmonious family environment is a testament to the strength of their commitment.

·       Redefining Family: Parental adoption challenges conventional notions of family and redefines the concept based on love and compassion. These families exemplify the beauty of creating bonds that transcend traditional boundaries.

 

IMPACT OF PARENTAL ADOPTION

·       Bringing Emotional Fulfilment: Parental adoption brings emotional benefits to both younger and older adults involved. Younger adults find a sense of fulfilment and love in embracing their parental roles, while older adults experience the joy of being cared for and cherished in their later years.

·       Finding Unconventional Family Support: Parental adoption showcases the significance of finding family and support in unconventional ways. It proves that love knows no age or biological boundaries and that genuine care and compassion can create strong and nurturing family bonds.

 

SOCIETAL PERSPECTIVE AND STIGMA

·       A Spectrum of Acceptance: In a diverse country like India, where traditions, beliefs, and values vary significantly, the acceptance of parental adoption spans a spectrum. Some individuals warmly embrace this progressive approach to family formation, recognizing the essence of compassion and care that drives it. Others, however, might approach the concept with caution, driven by the familiar and the traditional.

·      Religion and Caste: Religion and caste are big parts of Indian society. Some might mix these things with parental adoption, even though the idea is meant to go beyond these differences. Sometimes, these strong beliefs can make things complicated. People might unintentionally treat others unfairly, even if love and understanding are supposed to be the most important things.

·       Cultural Crossroads: Because of Western ideas, people might see parental adoption in different ways. Some could say it's not the usual way of making a family, while others might feel it's a wonderful thing. For those who really need it, parental adoption could mean having people who care about them when they need it most.

·      Change in the Air: Even though not everyone will agree, things are changing bit by bit. As people learn more and talk more about parental adoption, more of them might like the idea. People who support it want to help others understand it better and be more open-minded about different kinds of families.

As times change, parental adoption shows us that families can be made in all sorts of special ways. No matter what traditions say, what really matters is showing love and care to each other. That's what truly makes a family, no matter where you come from or how you come together.

THE LEGAL VOID

 

The Path to Change: Crafting Specific Laws

To truly make a difference in our country through parental adoption, the first step is clear: we need dedicated and specific laws governing this heartfelt concept. Creating an adoption act that outlines all the important aspects through different provisions is essential.

The Power of Legal Assurance

Laws are like a guarantee for what we do. When we establish a law, we take a big step forward. It's about giving people confidence in what they're doing. With a law in place, individuals considering parental adoption will have the assurance they need. It becomes a clear pathway, motivating more people to explore and contribute to this compassionate idea.

A Comprehensive Legal Framework

Crafting an adoption act should be meticulous. It's like building a strong foundation for something important. The act should cover all the crucial points clearly and fit our society's needs. These points might include defining who falls under the category of younger and older adults, setting eligibility criteria, and explaining the adoption procedure step by step.

Ensuring Consent and Protection

Free consent is crucial in any adoption process. The law should make sure that everyone involved understands and agrees willingly. Additionally, if there are any property matters, the act can provide guidelines to handle them properly. It could also address caste-related concerns so that this beautiful idea isn't tangled in unnecessary complications.

Addressing Potential Situations

The law should anticipate various situations. For example, it can lay out plans for when the younger adults or their families can't take care of the adopted older adults or couples anymore. It can also address scenarios where the younger adults, unfortunately, pass away, ensuring that the well-being of the adopted older adults remains a priority.

References

https://cara.nic.in/parents/eg_ri.html