Every person who wishes to be a parent deserves the opportunity to shower love and care on a child, and every child deserves a nurturing family. To help make this possible, the Women and Child Development (WCD) Ministry has updated India’s foster care guidelines.

What’s new?

• The updated guidelines now allow single individuals—whether unmarried, widowed, divorced, or legally separated—between the ages of 35 and 60 to foster a child. Previously, singles were only allowed to adopt.
• These revised Model Foster Care Guidelines also provide single individuals the opportunity to adopt a child after two years of foster care, reduced from the previous five-year requirement.
• Notably, single women can foster and eventually adopt a child of any gender, while single men are restricted to fostering and adopting only male children.
• While the 2016 guidelines had no specific requirements for married couples, the revised guidelines now stipulate that couples must be in a stable marital relationship for at least two years before they can extend foster care to a child.

India Today spoke with experts to gain more insights into the foster care system in India and explore the potential impact of these changes on both couples and single individuals.

Landmark directive

Kusum Mohapatra, regional director and India CEO of the Miracle Foundation (an NGO for vulnerable children), explains that the recent Model Guidelines issued by the Government of India on foster care ‘mark a significant step forward in the country’s commitment to ensuring that every child grows up in a nurturing family environment’.

“At its core, the guidelines prioritise the best interests of the child, emphasising that institutional care should be considered only as a last resort. This approach is not only in line with the UNCRC (UN Convention on the Rights of the Child) but also reflects a deeper understanding of the importance of family-based alternative care for the holistic development of a child,” she adds.

Opening more doors

Leena Prasad, director of Udayan Care (an NGO for child rights in India), believes that the step to allow singles to provide foster care is definitely a progressive one. This move increases the number of potential foster parents and addresses the shortage of foster homes.

“From an inclusivity and diversity perspective, this also recognises that family structures in India are diverse and that single parents can provide just as much love, stability, and support as conventional two-parent households,” she adds.

Vaidehi Subramani, former chairperson of the Child Welfare Committee, South Delhi, also views the changes positively and welcomes them.

According to her, society is changing, and many women and men are choosing to live alone for various reasons, but they still love children.

“Single individuals also feel that instead of simply donating money in the name of sponsorship, they want to spend quality time with a child. This trend is more prevalent in metro cities. Maybe this decision will bring a meaningful impact in their lives,” shares Subramani.

Single male vs single female foster parent

Regarding the gender-specific guidelines for single individuals, Kusum Mohapatra says that while these guidelines may stem from protective instincts, they also reflect societal biases and assumptions about gender and caregiving.

“The implication that single men might pose a greater risk to girls could be seen as unfairly stigmatising, potentially deterring capable and caring single men from fostering,” she adds.

Balancing these protective measures with efforts to avoid reinforcing stereotypes is crucial.

Meanwhile, Prasad notes that this limitation is related to concerns about the safety and protection of children, which are of paramount importance in India’s child protection system.

She states, “This distinction is based on data and statistics showing that, in most abuse cases, the abuser tends to be male.”

In Vaidehi Subramani’s opinion, the government has made this decision considering the current situation in the country regarding sexual abuse cases and trafficking issues.

“But the world believes that the strongest bond is often between a daughter and father. We also advocate for gender equality, so in my view, this is a biased rule,” she shares.

Adding to this, Dr Vasundhra, managing trustee of the Centre of Excellence in Alternative Care, says, “We need to accept the fact that boys are also vulnerable and abused. In my opinion, due to their age, all children are vulnerable and can be abused regardless of the gender of their adoptive parents.”

Stability for foster kids

For children without parental care, who are moving to foster care, stability is an important factor.

Any family-based alternative care placement decision must consider providing a stable and supportive environment for children so that they can heal from any trauma or instability they have experienced.

Leena Prasad shares that there is enough evidence to show that multiple placements of a child are not in their best interest, as it increases their trauma and negative experiences.

Adding to this, Vaidehi Subramani states that the change in the guidelines aims to protect the child from emotional issues.

She says, “The assumption is that after two years, the couple will be settled in their life. Again, this is a question of debate. If a couple has decided to adopt or foster, it is automatically understood that their relationship is stable.”

Inclusive but not enough

While the new guidelines introduce some thoughtful changes, the eligibility of potential parents from the LGBTQIA+ community is not addressed.

Kusum Mohapatra feels this is an area that should be revisited, “Given the strides that many countries have made toward recognising the parenting rights of LGBTQIA+ individuals, it is important for India to consider whether these guidelines adequately reflect the diversity of modern families.”

She adds that allowing LGBTQIA+ individuals to foster could significantly expand the pool of potential foster parents and provide loving homes for children who need them.

The move toward inclusivity would also align with global human rights standards and the broader goal of ensuring that every child has a chance to grow up in a supportive and loving environment.

However, Dr Vasundhra highlights that no clause in the Juvenile Justice Act, Rules, or Guidelines bars LGBTQIA+ individuals from fostering a child.

Fostering vs adoption

Foster care is temporary compared to adoption, which is permanent. Under foster care, the child has the possibility of returning to their biological parents, whereas adoption begins after the child is legally declared free for adoption, meaning there are no claimants for the child.

The child has no inheritance rights in foster care, whereas, after adoption, the child has the right to inherit.

Dr Vasundhra shares that foster care is primarily for the well-being of children and to provide them with family life and environment. On the other hand, adoption is for families; they wish to adopt because they want to have a child.

Meanwhile, discussing how parents are prepared to care for foster children, Dr Vasundhara says, “We have introduced 20 hours of mandatory training for prospective foster families to help them understand the dynamics of foster care. The trauma, behaviours, and challenges of foster care are discussed during the training sessions, which help families understand the children, making them more open to fostering older children.”

“The disruption rate after the training has drastically reduced, and readiness to foster older children has increased,” she adds.

Dr Vasundhra also mentions that during the training, the foster family is informed that fostering isn’t permanent and about the importance of the biological family in the child’s life.

“Many foster families are reluctant to maintain contact between the child and their biological parents. During the psychosocial assessment of foster families and training, we address this issue, and if we find that the family is not accepting of the biological parents, we put that family on hold and subsequently drop them from the list of prospective foster families,” she concludes.

To sum up

The guidelines now allow single individuals to apply for foster care. However, while female parents can foster children of any gender, male parents are restricted to fostering boys, likely as a precaution against issues related to sexual abuse and trafficking.

Additionally, while there is no specific mention of parents from the LGBTQIA+ community, no clause in the Juvenile Justice Act, Rules, or Guidelines explicitly bars them from fostering a child.

Previously, there were no specific rules for married couples applying for foster care. However, under the revised guidelines, couples must be in a stable marital relationship for two years before applying. This requirement is intended to ensure that every foster child receives a stable environment.

Disclaimer: The article was originally published on India Today in July 2024. The views expressed in the article are the author’s and do not necessarily reflect those of Miracle Foundation India.