Medical Institutes Must Block Illegal Adoptions

NEW DELHI, INDIA — The National Medical Commission (NMC), India's apex regulatory body for medical education and practice, has issued a stringent directive to all medical institutes, hospitals, and healthcare facilities across the country, urging strict compliance with the Juvenile Justice (Care and Protection of Children) Act, 2015, as amended in 2021. The move comes amid growing concerns about instances of deviation from legal procedures regarding the care, reporting, and adoption of children found abandoned or surrendered within medical establishments.

The NMC's public notice, issued on July 10, 2025, specifically reiterates that no medical practitioner or staff member shall, under any circumstances, directly facilitate the adoption of a child by any individual or family outside the legal framework supervised by the Central Adoption Resource Authority (CARA). This stern warning aims to curb illegal adoptions and prevent the potential trafficking and exploitation of vulnerable children.

The directive follows concerns raised by the Ministry of Women and Child Development (MWCD), which highlighted that hospitals, nursing homes, and medical practitioners often serve as the first point of contact for unwed mothers, distressed parents, or individuals desperate to adopt a child, making them critical nodes in preventing illegal activities.

Key Mandates and Legal Provisions Highlighted by NMC:

1. Mandatory Reporting (Section 32): Any individual or institution, including hospitals, informed of or finding an abandoned child is legally required to report the case immediately and without delay to Childline (1098), the police, the Child Welfare Committee (CWC), or the District Child Protection Unit (DCPU). Non-compliance carries penal provisions under Sections 33 and 34 of the Act.
2. Procedure for Surrender (Section 35): If a parent wishes to surrender a child, the hospital must immediately notify the CWC. The child's care must follow specific procedures outlined in this section, ensuring the surrender is voluntary, informed, and properly documented. Handing over children for adoption in violation of these provisions is strictly prohibited and punishable by law (Section 80).
3. Sale and Purchase of Children (Section 81): Involvement of any person or institution in the sale or illegal transfer of children constitutes a cognizable offense, with severe penalties, including a minimum imprisonment term of three years for complicit hospital employees.

To ensure robust implementation and prevent unauthorized adoptions, the NMC has also mandated the institutionalization of several safeguards within medical colleges and healthcare establishments:

• Mandatory Training and Legal Orientation: All hospital staff, particularly those in Obstetrics & Gynaecology and Paediatrics Departments, must undergo compulsory sensitization and legal training on the provisions of the Juvenile Justice Act. The MWCD, through its training agency NIPCCD, will facilitate this process.
• Establishment of Reporting Protocols: Hospitals are required to establish clear internal protocols for immediate reporting of any child found abandoned or proposed to be surrendered to the CWC via the District Child Protection Unit, as per the Adoption Regulations, 2022.
• Prohibition of Direct Adoption Facilitation: This explicitly prohibits medical practitioners or staff from directly facilitating adoptions outside the CARA-supervised legal framework.
• Display of Legal Information: It is now mandatory for all hospitals and nursing homes to prominently display posters, brochures, and advisories on the legal process of adoption and the severe consequences of illegal adoptions. CARA will coordinate this initiative.
• Establishment of Accountability Measures: Mechanisms for audit and accountability must be introduced to monitor healthcare institutions' compliance with the provisions of the Juvenile Justice Act.

The NMC’s directive emphasizes that medical colleges and institutions, along with their Obstetrics & Gynaecology and Paediatric departments, faculties, and students, must strictly adhere to these legal protocols. The objective is to eliminate risks of child trafficking and exploitation, and to safeguard the rights and welfare of children, particularly those who are orphaned, abandoned, or surrendered (OAS).

This comprehensive set of instructions underscores the government's commitment to ensuring child protection and ethical practices within the healthcare system, reinforcing the message that all adoptions must occur through legal and transparent channels.