Safe Childhood India

Juvenile Justice Act, 2015 & Adoption Regulations 2022 give older adoptees a statutory mechanism to access origin information. They balance the right to information with the privacy rights of biological parents and legal safeguards around adoption confidentiality.

The Supreme Court’s decision in Laxmi Kant Pandey vs. Union of India laid the ethical foundation for India’s adoption system by emphasising the best interests, dignity, and identity of the child. Although the judgment focused on regulating adoption, its insistence on transparency, record-keeping, and State accountability supports the right of older adoptees to access information about their origins. As adoptees mature, questions of identity and belonging naturally arise, particularly for those adopted at an older age. Facilitating ethical, sensitive root search is a continuation of the child-centric principles articulated by the Court, balancing adoptees’ rights with confidentiality and protection from harm.

Regulation 47 of the Adoption Regulations 2022

47. Root search.― (1)If the biological parents, at the time of surrender of the child, have specifically requested anonymity, then the consent in writing of the biological parents shall be taken by the Specialised Adoption Agency or the District Child Protection Unit, as the case may be, before divulging information.

 (2)In cases of root search by older adoptees, the agencies or authorities concerned that is Authorised Foreign Adoption Agency, Central Authority, Indian diplomatic mission, Authority, State Adoption Resource Agency or District Child Protection Unit or Specialised Adoption Agency, whenever contacted by any adoptee, shall facilitate their root search.

(3)  Persons above eighteen years can apply independently online while children below eighteen years shall apply jointly with their adoptive parents to the Authority seeking facilitation of root search.

(4) In case of denial by the biological parents or non-traceability of the parents in surrendered cases, the reasons and the circumstances under which the information is not being made available shall be disclosed to the adoptee.

(5)  A root search by a third party shall not be permitted and the agencies or authorities concerned shall not make any information public relating to biological parents, adoptive parents or adopted child.

(6) The right of an adopted child shall not infringe the right to privacy of the biological parents.

Observations from Years of Experience in Adoption Practice

• The search for Origin is not merely procedural but deeply ethical, emotional, and rights-based, requiring careful handling within India’s adoption system.
• As adoptees move into adolescence and adulthood, questions of identity, family history, and belonging naturally surface, and when supported through safe and sensitive processes, these searches can contribute to emotional clarity and well-being.
• Professionals must balance emotional support, confidentiality, and the rights of all parties, a task that demands specialized skills and institutional preparedness.
• There is a need for ethical, transparent, and adoptee-centred practices, recognising the search for origin, which is closely linked to dignity and the best interests of the child.