Doing away with the rule that limited foster care to married couples, the Women and Child Development (WCD) Ministry has now permitted single individuals including those who are unmarried, widowed, divorced, or legally separated aged 35 to 60 years, to foster a child and adopt after two years, according to the recently released revised Model Foster Care Guidelines.
What is Fostering?
-Fostering is an arrangement in which a child temporarily lives with either extended family or unrelated individuals.
-In India, children who can be fostered have to be above the age of six years living in child care institutions and having “unfit guardians”.
-Minors who are placed in the category of “hard to place or children having special needs” can also be fostered.
Previously, under the 2016 Model Foster Care Guidelines, only married couples, referred to as “both spouses” in old documents, were permitted to foster a child.
Model Guidelines for Foster Care 2016:
-These guidelines (brought by the MWCD) detail the procedures, roles and responsibilities of stakeholders, along with various aspects related to the implementation of the foster care program in the districts.
-Under the guidelines, children in the age group of 6-18 years,Whose parents are unable to take care of them due to reasons such as mental illness, poverty or imprisonment and those staying in child care institutions will be placed in foster care.
–Children in the age group 0-6 years will not prefer to be considered for placement in foster care as such small children will be encouraged for adoption under the Regulations Governing Adoption of Children, 2017.
Revised Guidelines Key Provisions, 2024:
–While a single woman can foster and eventually adopt a child of any gender, a man can only do so for male children. Previously, under the 2016 Model Foster Care Guidelines, only married couples, referred to as “both spouses” in old documents, were permitted to foster a child.
-Apart from opening up fostering to any person “irrespective of their marital status (single/unmarried/widow/divorcee/legally separated)” and whether or not they “have biological son or daughter”, the revised guidelines have also allowed the foster parent to adopt a child after she has been in her foster care for minimum of two years, as opposed to five years earlier.
-In case of married couples who want to foster, the new guidelines state that “no child shall be given in foster care to a couple/spouse” unless they have had a “stable marital relationship of two years”. Earlier, there was no such caveat for couples.
– The 2016 guidelines have been revised in accordance with the amendment to Juvenile Justice (Care and Protection of Children) Act in 2021 and the Juvenile Justice (Care and Protection of Children) Model Rules of 2022.
– The change in guidelines made sense since single individuals were allowed to adopt children, but were not allowed to foster, as per the earlier guidelines.
— In terms of age of the foster parents, the 2016 guidelines stated that both spouses must be above the age of 35.
– The revised guidelines are more specific to foster a child in the six to 12 years and 12 to 18 years age brackets, the “composite age of the married couple” is to be a minimum of 70 years, while a single foster parent is to be of minimum 35 years.
-It also specifies the maximum age for prospective foster parents — up to 55 years for a single individual to foster a child in 6 to 12 age bracket and till 60 years to foster a child in 12 to 18 age bracket.
-The foster parents can now register online through a platform — Child Adoption Resource Information and Guidance System (CARINGS). The platform was already being used by prospective adoptive parents for registration.
-The 2024 foster care guidelines provide for a designated online portal where prospective foster parents can upload their documents for the District Child Protection Units to access them.
Impacts of New Guildelines:
-The changes might encourage more people to apply for foster care.
According to data with the MWCD, there were 1,653 children (as of March, 2024) in foster care in States and UTs, excluding Goa, Haryana, and Lakshadweep.
-It will give more clarity to people who are accepting a child for foster care that foster care is intended to be temporary care for a child (till the biological family is found to be capable for the child to go back to them).
–The changes might encourage more people to apply for child adoption.
Between Sept 2022 (when the Model Rules were notified) and July 2024, a total of 23 children in foster care were adopted by the families after two years of care.
Issues associated with Fostering in India:
Opting for fostering in India involves several challenges, both systemic and social. These challenges can discourage individuals or families from becoming foster parents. Here are some of the key challenges:
1. Legal and Regulatory Ambiguities
- Lack of Clear Laws: Unlike adoption, which is governed by a well-defined legal framework, fostering in India does not have a robust legal structure. The absence of specific laws can lead to uncertainty and complications in the fostering process.
- Legal Rights and Responsibilities: Potential foster parents may be unclear about their legal rights and responsibilities, which can create hesitancy. The temporary nature of fostering also means that the legal relationship between the child and foster parents is less defined.
2. Bureaucratic Obstacles
- Complex Approval Process: The process of becoming a foster parent involves extensive paperwork, background checks, and interviews, which can be time-consuming and discouraging.
- Inconsistent Policies: There is a lack of uniformity in policies and procedures across different states and regions in India. This inconsistency can lead to confusion and delays.
3.Inconsistent Monitoring and Oversight
- Lack of Regular Monitoring: The absence of consistent and effective monitoring by child welfare agencies can lead to situations where the foster care arrangement is not in the best interest of the child.
- Potential for Abuse: Inadequate oversight increases the risk of neglect or abuse in foster homes, which can further discourage people from opting to foster.
These are few procedural challenges associated with Fostering in India.