HAMA Adoption

How HAMA Adoption Can Be a Game Changer

Adoption under the Hindu Adoption and Maintenance Act, 1956 (HAMA) is a personal law-based procedure for Hindus, Buddhists, Jains, and Sikhs. Unlike the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), which is overseen by the Central Adoption Resource Authority (CARA), HAMA adoption is simpler and faster in certain respects.

How HAMA Adoption Can Be a Game Changer

1. Simpler Process

  • HAMA requires fewer procedural steps compared to CARA, eliminating the need for registration on the CARA portal or Home Study Reports (HSR).
  • The legal guardianship process is less time-consuming, reducing delays.

2. Faster Legal Proceedings

  • Since HAMA adoptions do not require court involvement for clearance (unlike the JJ Act), the process is expedited.
  • Adoption is finalized through a simple adoption deed, registered with a sub-registrar.

3. Broader Scope

  • HAMA allows adoption within the extended family (e.g., relatives) without much bureaucratic oversight, making it ideal for kinship adoptions.
  • This provides a culturally sensitive option for families who prefer to keep the child within their lineage.

4. No Upper Limit on Number of Children

  • Unlike CARA, which restricts PAPs from adopting if they already have three children, HAMA has no such limitation, offering greater flexibility.

5. Less Costly

  • HAMA adoption involves minimal administrative fees and no mandatory social worker visits, reducing financial burdens for adopting families.

6. Privacy for Adoptive Families

  • HAMA is a private procedure, safeguarding family confidentiality compared to CARA’s public system.

Why the Government Should Amplify HAMA Adoption

1. Address Adoption Bottlenecks

  • India has a low adoption rate, with only about 3,000 children adopted annually via CARA. Simplifying adoption through HAMA can significantly increase adoption numbers.

2. Reduce Institutionalization of Children

  • Over 30 million orphaned or abandoned children in India are institutionalized due to procedural delays in adoption. HAMA can help place children in homes faster.

3. Promote Kinship and Community Adoptions

  • Many families are hesitant to adopt outside their lineage. HAMA respects cultural and familial traditions, encouraging more families to adopt.

4. Support Older and Special-Needs Children

  • These children often face prolonged institutional stays due to limited applications. A streamlined HAMA process can facilitate their adoption.

5. Boost Legal Awareness

  • Amplifying HAMA could raise awareness about alternative adoption routes, encouraging more families to consider adoption without bureaucratic fear.

6. Strengthen the Adoption Ecosystem

  • Simplifying and promoting HAMA alongside CARA would create a dual-system approach, catering to diverse adoption needs while maintaining child welfare safeguards.

Recommendations for Amplifying HAMA Adoption

  • Awareness Campaigns: Conduct nationwide drives to educate people about HAMA adoption.
  • Simplified Guidelines: Publish clear procedural guidelines for HAMA to reduce confusion and misuse.
  • Legal Safeguards: Introduce mechanisms to ensure HAMA adoptions are ethical and child-centered.
  • Integration with CARA: Create a unified database to track adoptions under both HAMA and JJ Act for transparency and monitoring.

Conclusion

  • HAMA adoption, if promoted and regulated effectively, can revolutionize the adoption landscape in India. By simplifying procedures and respecting cultural values, the government can ensure that more children find loving homes, fulfilling their right to family care and protection.