Nature has given to every female a beautiful capacity to procreate a life and every female cherishes the experience of motherhood. Parenthood is a life changing and eternally rewarding experience. Hindu in India have given important to son child for continuation of lineage, old age insurance. But due to some physical abnormality couple could not bear a child. Practice of child adoption is evolved to fulfill their desired. With changing human civilization, shift in thought and view towards child adoptions is change as relative to non-relative, child welfare. People living in India are diverse in religion. They have their own thoughts of customary practice with adoption. As legal concern, Hindu’s have specific law for adoption, but other religion have law which provide only guardianship of child. With existence of Juvenile Justice Act (JJA) give right to child adoption without discrimination of religion. Central Adoption Resource Authority (CARA) is Unitary authorize body which look into child adoption. laws governing of adoption have inconsistency, inequality provisions, overlapping, several defects. The CARA’s rigid adoption procedure influence, exploitation, physical, mental economic, social problems to child and adopting parents. Also to the new emerge family as single person, Same-sex (Gay, Lesbian) are go for adoption with desire of parenthood. These families are recognized by countries in their world. Invention in medical scienc for infertility, “Artificial Reproductive Technologies’ “ART), The Infertile couples have turn to ART rather then adoption, with desire of biological child. As unwillingness of Indian government to look into social issues with adoption and ART, infertile couple have to face various consequences with social, legal aspect. This is Due to lack comprehensive legislation for such subject and governing laws have several defects, Rigid procedure of CARA. Thus, practice of adoption and ART leads various implication and consequences to child, infertile couples and surrogate and violates human rights. It is need to a uniform comprehensive legislation to adoption and ART to avoid social, legal disparities. 

Concept, Meaning and Kinds of Child Adoption Children need more than good physical care. They also need the love, attention and an attachment figure from whom they develop a secure base on which all other relationships are built." John Williamson and Aaron Greenberg. Adoption comes from the Old French word adopter, meaning “to choose for oneself”. The word “adoption” have wider scope. Adoption means anything that adopted by human in their life, It may be by tradition or change in human thinking towards subject matter, with changing civilization, Human living in different geographical condition having their culture practice in their life.

One of important societal values is that a honoring and maintaining strong kinship bonds. Kinship relationships are established through birth, marriage, adoption, and developing or creating new relation (friend, neighbors). Child have give most preferable important in institute of family in the world. The family come in existence with marriage of two individual (male-female) and it complete with birth of child. Mostly child son preference is given continuation of the lineage. However, a person was encouraged to have second or even third wife if the first and the second were barren, so that he could have a son. If male is infertile, then one of the extreme measures was that he could appoint a close relative, usually a brother, to produce offspring on his behalf [1]. Later time, the child is adopted from relative, male family. 

The concept of Child adoption is social phenomenon was followed from ancient time, typically the customary practice as Moses being adopted and the adoption of King Octavian Augustus. Mostly infertile couple adopt child or more than one and even in some cases adult son (formation of social family), who could not bear a child due to physical abnormality. One aspect of adoption is to continuation of linage, funeral oblations, old age insurance, another aspect to desire of parenthood, social stigma of childless or ‘vanz’ to women. First their was only son adopted and for welfare of the adopter was primary concern. This practice of social beliefs is change with shift of thoughts and view with child adoption, changing civilization with development in science and tchnology. The relative to non-relative, then inter-country adoption, foster care which more emphasis on family care environment (child welfare) to secure development to homeless child, which absence in institutional system. 

Adoption can classified as in-country and inter-country adoption: with different types relative adoption, kinship adoption step parent adoption, cross-border adoption; carried out through Government or private agency. 

Single family adoption recognized by society which previously marginalize by society. Similarly, after long struggle same-sex family also recognized in several countries in the world, grant the civil partnership, civil union or domestic partnership with variations in legal rights. They are adopting children for desired of parenthood.

Child Adoption may Defined As

According to Florence Rondell and Anne Marie-Murray– “Adoption provides family to children who would otherwise remain parent less and permanently deprived of physical and psychological benefits of family life. Caring adults are afforded a chance to become parents and experience growth as family”. Mark Soler, Jan C. Costello and Barbara O’ Heaven have opined- “Adoption is a legal procedure which permanently terminates the legal relationship between the child and his or her biological parents and initiates a new parent-child relationship”. Punjab and Haryana High Court in Inder Singh v. Kartar Singh has expressed the meaning and purposes of adoption in the following words. “adoption under Hindu law is the admission of the stranger by birth to the privileges of a child by a legally recognized form of affiliation and contemplation of Hindu law 

and adopted child is deemed to be gotten by the father who adopts him or for and on behalf of whom he is adopted”. Thus, taking of a son “is a substitute for the failure of male issue and its object is two folds:

• To secure the performance of funeral rites of the person to whom the adoption is made; and

• To preserve the continuance of his lineage”. In other words, the main object of adoption under strict Hindu Law seems to be to secure spiritual benefit for the adopter, though its secondary object is to secure an heir to perpetuate an adopter’s name

Child Adoption in India

The desire for children among couples is an universal phenomenon. Parenthood is a life changing and eternally rewarding experience. The pain desire not to fulfill, be always issue of parenthood, Mostly motherhood in society. Every society across the world has given primary importance to the institution of family. When two individuals come together and enter into a matrimonial bond, a new family comes into existence. Marriage is considered to be a sacred bond of union between a male and a female for their eternal progress through the performance of their duties through dharma. Main object behind of any religion is to performance of household sacrifices; progeny for the continuation of the lineage, funeral obligation, old age insurance. A family becomes complete with the birth of children. For birth of child, Hindus practice fertility rituals before and after birth of child. Psychologist’s points out that birth of a baby creates a bond between the spouses which can help stressful marriages to sustain in the long run.

Hindu give preference to son child carry forth the lineage. Hindus patriotism believed that inheritance was dependent solely on bloodlines. So first infertile adopt, child from relative only it is beliefs that one who died without having a son would go to hell called Poota and it was only a son who could save the father from going to Poota [2]. Thus, objects of child adoption is to secure spiritual or religious benefit to the adopter and his ancestors by having a son for the purpose of offering funeral cakes and libations of waters to the soul of adopter and his ancestors, to secure an heir and perpetuate the adopter’s name.

However, first for infertility only women are blamed, and attach social stigma of childlessness or ‘Vanz’. Childless women are frequently stigmatized, resulting in isolation, neglect, domestic violence, polygamy and matrimonial breakdown. For continuation of the family lineage, male go for second marriage to desired of child. But male also have abnormality, could not desired of child. So,concept of child adoption was evolved, known as “Dattaka”. This followed as customary practice in throughout India still 1956. Also protect from social influence to psychology of painful stigma of ‘Vanz’ to women [3].

Looking to back to 19^th century, India had princely ruling of wealthy and powerful by men (mostly known “Maharajahs and Rajas”. Ancient Hindu custom, if there is no child born then to avoid succession to the throne, a ruler can adopt a male from another ruling family of any age and appoint him as heir. This kind of customs was followed by ancient Rome and Chinese Qing Dynasty. In the Rajput Kingdoms, a ruler might adopt a number of boys, called Bhayats, who would live in the palace and be groomed for the succession together. An heir apparent would eventually be selected from this pool have no competent born-to son then he may excluded from the succession. If the ruler died before adopting a successor, one of his widows could adopt an heir, who would immediately accede to the throne. The adoptee would cut all relation birth family [4].

Adoption is social phenomena, legal affiliation of a child. But India is diverse in nature of religion and cast family system, they have own view, thoughts and sentiment to adoption as customary practice. Hindus and Christian mostly follows adoption for continuation of linage, old age insurance, Parsi’s with the interest of property. Their was thought that Christian and Parsis could not followed customary practice of adoption as per personal law, this is not true. This practice is found in some part of India. As Christian’s in Punjab, south India and Parsi in - Baroada and Mumbai. As concern issues was raised in court of Bombay and Madras presidency. The deputy secretary general of the Catholic Bishops’ in Conference of India (CBCI), Father Joseph Chinnayyan says on the Judgement of Court, “Christianity permits adoption” [5]. Muslims does not recognize child adoption. Muslim allow to raising someone else’s child, ven orphan. But, Child could not become part of adopted family as Kafala in Arabic i.e. take care of another child. He have no inheritance right, and known in name of birth parent [6]. 

With shift of thoughts and changing civilization child adoption stress on child welfare to family care environment to homeless children. The adoption, foster care and group foster care is introduce in Juvenile Justice (Care and Protection) (JJA) and Integrated Child Protection Scheme, 2009 (ICPS) for welfare of children from live in institutional system. Foster care policy was first initiated by Maharashtra in 1972 which revised in 2005 as ‘Bal Sangopal Scheme'. Karnataka implemented a foster care scheme committed to destitute children in 1990. Gujarat, after the 2001 earthquake implement emergency schemes where around 350 children were rehabilitated with their relatives and neighbors in the community. The introducing secular adoption in JJA, any citizen can adopt child without discrimination with religion in India under section 41 with compliance of CARA guidelines and rules. Later, infertile and other adoptee with wish to raised one more child in family with humanitarian motive adopt children from institutional system who are homeless, purpose to caring and bringing up as natural desire with love and affection, a caretaker in old age, and an heir after death. Later laws include widow, divorce and single person are allowed to child adoption. But right of adoption to LGBT family is in debate. Judiciary are protected rights of these family. Bill regarding these family are pending.

Child Adoption Laws and Its Consequences in India

India is diverse in nature of religion (Hindu, Muslim, Christian, Parsi). They follow customary practice with their own personal law. Legal concern with adoption,India have govern three laws, Guardians and Wards Act 1889 which in acted in British ruling. After independent Hindu Adoption and Maintenance Act (HAMA) 1956 in acted. By this act only Hindu have right to adopt the child and other religion are excluded. If they wish to adopt the child, they can adopt under Guardian and Wards Act. But Act confirm only guardianship not adoption. Once a child becomes major, he is free to break away all his relation. Besides, such a child does not have legal right of inheritance, it depends on Adoptive parents through a will. Adoption law allow adoption to specific religion, community have legal right of guardianship. Such law are violation of constitutional right and unjust to betterment of children who need home. Foreigners who seek to adopt an Indian Child under Guardian and Wards Act, assume legal Guardianship with the assurance to the court, adopter could legally adopt the child as per law of resident country.

Under HAMA, Adopter can adopt one child but not same set of children i.e. if already girl then adopt boy vice-versa. No parent can adopt child more than one. Under HAMA Child under age of 15 year while JJA under age 18 year is adopted. Registration deed is required in HAMA while JJA not need. HAMA restrict to adopt other religion except Hindu. HAMA have extensive criteria and JJA leave eligibility, but CARA decide which couples are eligible for adoption.

As there is no specific provision to adopt child by other religion in India, raised several issues with validity of adoption, social, legal contradiction. To overcome problem, Juvenile Justice (care and protection) Act (JJA) 2000 mended in 2006 with secular adoption which later introduce with special chapter VIII in JJA 2015. Any citizen of India can adopt child without discrimination of religion. But issues raise with religious values, culture of adopted child and adopted parent, preservation of original culture of child. Sometime, adopting parents force adopted child manifest the parental religious values and culture, which effect the physical, social and emotional development of child. National and International law cast obligation to restore original culture and preservation of the child’s to adopter (Article 4b) of Convention on rights of child (CRC) 1989 and article 21 Hague Convention on Protection of Children and Co-operation in respect of Inter Country Adoption 1993. While adopting child, give preference to adopting parent whose ethnic, religious, cultural and linguistic background is same of child. Article 20 of CRC same emphasizes Article 16 C of the Hague Convention 1993. Adoption of child will be paramount consideration in best interests of the child article 21 of CRC and 1 a Hague Convention. So, while adopting child by adopter have to balance with culture, and need to learn all about child’s culture, history, and introduce his original cultural activities while development. All this may stress to adopter.

While adoption of child adopter is look for matching of child with child’s physical appearance, ethnic, religious and cultural background rather preferences to wanting a healthy child. This influence and exploit the child. Their is debate on placement of child respect to trans racial or cross-culture.

While going to adoption parent must look forward fashion of love and affection, creating attachment to child for development in good person, in sense of his /her as birth parents. When child become mature he could left his past life and could not think about his/her history. Because child doesn’t have any religion. Religion is made by mankind only. Religion is given by the parents. It is better way to category, one who under age 7 have no idea of culture, religion. What environment child is growing, that culture he/she learn or capture and another above 7 year have some knowledge of understanding little bit. With councilling with child may remove his/her unconsciousness, then give child in the adoption. If there is question of language it, Is not a bid issue. Because child is in the stage, so he/she can learn adopter’s language. In school we already with native language, learn English, Hindi. So, child can learn-capture the adopter’s parent language, culture. It is also question that if child’s original religion, cultural people could not take care-responsibility of child, then why it is cast obligation to preservation of original culture to adopter and child. Looking to CARA adoption procedure is totally online. When desire parent make application, first home study made by agency. If CARA is satisfy then children are placing child photo for referrer to adopter on web site, looking to child’s photo and information adopter have to give consent in 48 hour. If consent is given then CARA’s issue no objection certificate, obtained adoption court order and child handed to adopter. Else adoptee have to wait for next referrer bases on seniority list, when this referrer will be exactly come is unknown. It may after 1-3 or more year. When next referrer come, if home study report is to expired, adopter have again need to revalidation from agency.

Still custody of child, there is no face to face contact between child and adopting parent. In such kind of procedure, there is always chance of 100% of conflict, between adopting parent and child or new relation with new sibling connections to explore and adjust after taking to home, in future. This happened because there is no created interaction, attachment, love and affection between adopter and child. Any relation is created by meeting and conversation between two person, regularly. Which make to understand, attachment, love and affection to each other. This is most important thing that lack in CARA procedure. CARA procedure is Just like on-line shopping (buying-purchase) of anything from Amazon or flip-kart. Here child is taken from institute to home. Market we give money for thing, here adopter have to spent money for service of CARA, legal paper work, security of child. Also, actual time of adoption carry for 1-3 year, may due to referrer procedure, court order (2 month). But, several cases are pending for adoption order in court. As per guidelines, adoption must complete within 6 months from date of adoption application. As similarly, Court could not asked execute any bond or make investment in the name of the child, while issue adoption court order. Still, in several cases, Court have issue to execute the fixed deposit, insurance, charity donation about 10-25 lakh for security of child [7]. In such condition, adopter must refused to adoption. There is medical invention Artificial reproductive technology, which fulfill desire of biological child to infertile couple. 

In adoption child is not biological related to adopter in such case, how infertile will be ready to spend large amount on adoption. So, adopter turn to in vitro fertilization, medical practice, which give desire of biological child to infertile couple. Also, have cost of ART is less than adoption cost. There is no need to matching of child, stress to preservation of culture of child,financial exploitation and waste of time. 

Inter-country adoption, There is no specific law and regulation still CARA guideline came in existence in 1995. Social organizations and voluntary agencies who working for orphan’s care and welfare engage in inter-country adoption. Children were malpractices and trafficking by social organizations and voluntary agencies, while placed Indian children to foreign overseas for adoption. This was notice by Lakshmi Kant Pandey’s by written letter to Supreme Court (SC), which consider as writ petition. Supreme Court (SC) have laid down certain guidelines to inter-country adoption. Such as to establish Central Adoption Resource Authority (CARA) to monitor and regulation of national and international adoption. Inter-country adoption will be last resort for child, when no sutaible parent is found in-country adoption. Maintain a consolidated list of prospective Indian parents, minimum time for procedure of adoption, prohibition of advertisement of child adoption. Central Adoption Resource Authority (CARA) was established in 1990 under head of Women and Child Development in the Government of India by direction of SC. Its function is to regulation and monitor in-country and inter-country adoptions of children (orphaned, abandoned and surrendered) through its associated and recognized adoption agencies. CARA framed guidelines in 1995, 2006, 2008, 2011 based on SC Judgement and international principles.

Institutionalized children commonly display psychological and behavioral development deficiencies due to lack of attachment, acculturation, appropriate care giving, and proper nourishment; overcrowding, physical growth and mental development as well as display variety of social and behavioral problem, also sexual exploitation, human trafficking [8]. Object of institutes to take care, protect girls rescued from exploitation but sex scandal surfaced at Muzaffarpur in Bihar, inmates were sexual abuse then of predation in a ‘Balika Gruh’. So, protection of children in different shelters homes are in question. In institute most of the inmates are orphaned, abandoned, sexually abused, trafficked or victims of disasters and conflict with law. Institutes have poor child care standards, no proper bedding, food and nutrition and sanitation. Girls, often have to live in no facilities of proper seprate toilets, secure wing and compounds or the opportunity to vent their grievances as provided under law. As law provide different category of home for different children are category as per need for care and protection development but there is lack to provide every category by states of India. Obviously as some state have 40% shelters home and some state have few homes. So, all category of children are placed together in one home. Such painful reality always virtually invisible [9]. So, there is question of children care, protection, development living in institutes, who are register and non-register 35% of total 3.7 lakh children. There were 5,900 children in the age group of 0-6 years came in the category of orphans, abandoned and surrendered. There were 50,267 orphan, abandoned and surrendered children between 7-18 years.

Law commission report said that as India about 18 million institutes and orphan children are being looked after in various orphanages. Each year, about fifty thousand children become destitute as they are abandoned by the helpless parents and -unwed mothers. Family [10] who are economically poor also surrender to child welfare committee, then institute. This increasing flow of children are burden on institutes and indirectly on Government, exploitation to children.

Any family apply for adoption, childless, single family, family already have child but want to raise one more child, CARA refuse to such adopter due to economic condition, or base on sexuality. Similar thing with single male person and same-sex family. It such continue, then raise question, how obligation of National and International principle to give first preference to ‘family care environment’ fulfill and protect the children from suffer and of hardship in institutionalize system. 

So, whenever anyone make application show the children, after selection of child let have make opportunity to create understanding, attachment, love and affection with meeting for 1-2 month. Which show how adopter is interested to adopt child and their development of attachment between child and adopting parent. During this take home study and if adopter is found financial condition not good then provide financial assistant through fund in for purpose of child food, clothing, education etc. for welfare of child still he/she taking education and stand on his/her own footing. If financial condition is good then no matter of financial support. Some financial support shall be given to family who have to come for surrender their child to child welfare committee. If such new strategy apply then obligation of homeless child get home and child could not remain away from biological parent, who come to surrender. Burden on government to take care through institutes. Whenever any apply for adoption of child, it is need to look into intention, interest, attachment, love and affection, is of adopting parent. Which can look by meeting of between adopting child, adopting parent by visiting at currently living place. If adoptee make selection take home study.

If economic condition of applicant is poor, give financial assistant in form of funding /sponsorship to family for child for food,clothing, education etc. still child stand on his/her footing with any work. Similarly, family who come to surrender child also put some financial assistant. As when child is in institute, government have to spend money on children for welfare, development. That expanses transfer to needful adopter, family who come to surrender child for his/her better future life of secure development. As right to family environment to child is first preference and obligation of National and International principles. This obligation cast on government to make necessary changes in law. It is basic need for homeless children and taking surrender children in custody which could not fulfil by institutionalize system.

Taking surrendering child family by government and given to another family in adoption is totally against international principle. One side law state give family environment and another side government taking surrender child, make child away his/her biological family. Such provision must remove from law and add provision for financial funding. Law restrict adopter to adopt more than one child. So, if family is financial capable to give all necessary things for development to adopted child with parental care, then such family can give right to adopt two child in adoption depending on economic condition of adopting parent. Establish family care service board, function inspection, monitor, supervise, on adopted child visiting to home and educational institutes to take follow up of growth and development of child progress. First time for inspection visit to of adopted child home once in month, up to age of 10 year later twice in year for age of 18 year. Adoption funding come under one account, whoever may want to give sponsership, donation purpose of child care and welfare [11]. 

Whoever may adopter, person working government or nongovernment mechanism or any agency providing service involve in adoption, care, rehabilitation, development make influence or exploitation to child shall strictly punish with imprisonment 3-5 year, fine for compensation to child for her/his rehabilitation.

Family is core social institute for shaping normative behavior and attitude to social subject. The concept of family and norms are altered with human thoughts towards his fashion of living life and legal aspect is trace by government, who may adopt or who may not, regulation and practice. Single family was marginalize, are now well recognized in society and norm. HAMA and JJA allowed single female to adopt child with condition of age difference of 21 year, but single male cannot eligible to adopt a girl. This is violation of equality which is protected under constitution. This is due to view of society towards sexuality. 

Law permit single female to adoption. But after adoption she place adopted child in the care home. This is because people in the redlight area look as subject of sexual orientation and commercial sexual exploitation to child. While, single male, Father who has migrated to city for work also place his children in care home, due to no care support for children. A house work Woman have the daughter of age 4 and 7 year, Have no support to take care and lacked the means of their needs, She saw the abusive and alcoholic husband as the biggest threat to her daughters, Still He is father of that girls. So, She placed her daughters nearby care home on Government [12]. If society always think about sexuality with adopter, then it is difficult to application of family care environmental principle. As there is some people found such kind of mentality, means we cannot think that everyone in society have same mentality about sexuality. There is always given importance to different family relationship with cultural thoughts to relationship Brother Sister, Uncle,Aunt to avoid such consequences. Similarly, emerging new family single person, Live-in-relationship, Same sex (Gay and Lesbian) Transgender are also recognized after long struggle. Legal rights are protected in most of countries in the world. So, they adopt child for parenthood. It was found that they take better care of children then traditional parents. There is no relationship between parents' sexual orientation and any measure of a child's emotional, psycho-social, and behavioral adjustment, Conscientious and nurturing adults, whether they are men or women, heterosexual or homosexual, can be excellent parents [13]. In India these families rights are protected by Supreme Court, Stated “marginalization of such couple violate the fundamental rights of such individuals”, gave direction to remove unconstitutional provision of law. But their right is excluded from adoption laws. These families are discriminating bases on sexuality gender differences, which is violation of Indian constitution (Article 14,15). Non-Governmental Organization, Law commission, human right commission making effort to decriminalising homosexuality in India, and making tolerance and social equality for Lesbian, Gay, Transgender peoples.

New Process of Child Adoption - Surrogacy          

A ‘Assisted Human Reproductive Technologies’ (ART) new scientific medical invention for treatment for infertility came in UK and India 1978., woman who could not conceive a child do abnormality such as undergone a hysterectomy, diabetes, cancer, suffered multiple miscarriages etc. with this invention enhanced women to conceive child which could not possible decades before. Infertility not deal with female but also with male, sometime with both. ART provides various options for infertility issue as Relatively Simple Intrauterine Insemination (IUI), Variants of In Vitro Fertilization (IVF) with embryo transplant also most commonly known as “Test-Tube Baby” referred as Surrogacy. Woman carry embryo, called Gestational Surrogacy. Here embryo created depending on infertility issue in couple as own egg and sperm, Donor egg or Donor sperm.

The New South Wales Law Reform Commission defined surrogacy as: “…an arrangement whereby a woman agrees to become pregnant and to bear a child for another person or persons to whom she will transfer custody at or shortly after birth.” [14]“Surrogacy”- A womb of woman is use to reproduce child for another who are childless couple, who could not bare child due to infertility issue a, “Social Fertility”. Thus, Childless couple have get opportunities to fulfill the desired of biological child. It widely recognized all over the world. ‘Surrogate’ has been derived from a Latin word ‘surrogates’ meaning a substitute, that is person appointed to act on behalf of another. Assisted Reproduction is defined as ‘manipulating the gametes outside the body and transfer of gametes or embryos into the body’. 

The world’s first baby IVF born Louise Brown in the United Kingdom in 1978. Second baby ‘Durga’ born in India. But first scientifically documented IVF baby Harash Chawala was born in Mumbai 1986. The ART industry in India has continued to expand steadily with introduction to society by advertisement in different media. Although there is no specific law for practice of IVF. Mostly issues raise with surrogacy practice, as it hope for infertile. Supreme court resolved issue on base on family law, but could not give adequate justice to infertile. 

To regulate IVF practice, ICMR guidelines (ethical and professional medical practice) came in 2005 for regulation of surrogacy. But does not binding Law commission 228 report’s recommended to draft bill for IVF practice. Legislature put draft bill in parliament, but laps several time with new suggestions. In 2016 Surrogacy Regulation Act 2016 was passed but still waiting for assent of president. Act allow only altruistic surrogacy practice. 

Where surrogate mother used for birth of child will be from relative. But, Act could not specific maintion who will be relative. In today’s fast life, there is most important value in life is money., in such condition, there is question, How anyone can give consent for 12 month for anyone without money., it may relative or non- relative is question of debate.

Similarly, Single person, Same-sex family turn to surrogacy with desire of own biological child and parenthood. As Surrogacy, most preferable choice and benefit for childless, single and same-sex family and infertile. Access to such scientific facility is fundamental human rights given in constitution, National and International documents. But due to no proper law and regulation, it is misused by medical practitioner, agency involved in IVF practice. Such practice directly influence and exploitation of physical, mental, economic and human rightsof Intended parent, Child, Surrogate mother [15]. 

Looking to adoption, In Surrogacy, intended parent get their own biological child is most positive part, secondly need not to spend large amount of money then adoption. Also, legal consequences of adoption, intended parent’s economic financial gain is concern, Income has more or less have same kind of issue with adoption and IVF. The cost of bearing child through Surrogacy is less then child raising through adoption (10-25 lakhs). If, adopter have no such large amount, adoption authority, court, agency may refuse to give child in adoption. Similarly, because of commercial practice of Surrogacy, Infertile couple who have no more financial gain could not access surrogacy practice. While, rich couple are access Surrogacy, beside have the children. Such, Both situation adoption or surrogacy, childless, single person same-sex family’s violates Constitutional and human rights. This is due to unwillingness of legislature to take proper step to legislate for IVF practice, and amendment in adoption laws to overcome issues.

India have diverse nature in religion, have their own customary practice (Personal Law) with social aspects. Personal law and governing laws of adoption cause various social and legal consequences to adopter. Mostly, Violation of constitution and human rights protected by national and international documents. 

With change in civilization and shift of view and thought, there is change in social aspect, to access adoption and surrogacy. Adoption practice is change into, interest of adopter to best interest of child welfare, humanitarian kind. After restriction in their religion adopter (Muslim) are going for child adoption. 

Adoption is one of marvel of humanity and social construction benefit for childless couple for parenthood and homeless children to secure development his/her under family care environment. Right to family is inherent right of child. 

National and International principles cast obligation to provide first preference to family care base environment to homeless children rather living in institutionalized system. 

So, state to make necessary action plan for provide family care environment for homeless children. But government are taking child from parent who are economically poor. Secondly, CARA on-line procedure for in-country or inter-country adoption. Also, raise controversial issues concern race, preservation of original social, cultural values of adopted child, execution of order Rs. 10-25 laks for security for child in form off deposit, insurance donation; these all things make exploitation of physical, mental, financial to child and adopter. 

Rather Children give in adoption from in institutes, are sexual abuse, influence exploited (physical, mental), and maltreatment in trafficking living in institutes. Children are waiting in institutionalized system year-year to hope for home. Such delays mean children face considerable disruption to their lives.

Due to issues to social, economic status, marital status, and sexual orientation of potential parents and Robous CARA guidelines, just on-line purchase-buying commodities on Amazon or Flip kart, Childless, new emerging family, family who have child and interest in to raise one more child in their family could not adopt child.As adoption is social, emotional, feeling, creation of attachment, love and affection between adoptee and child. That is most important part of adoption for future of child, which totally lacks in on-line procedure.

New invention in medical science,” Surrogacy” provide their own Biological child which is desire of any family. Thus, with consequences of adoption and benefit of Surrogacy, these families are turn to Surrogacy practice is not surprising thing. Surrogacy is best option for these family then to avoid stress, complication, loss of money, various pit falls and challenges in adoption. But no comprehensive legislation, legal position of surrogacy practice become commercial. This directly leads to influence and exploitation of human right to intended parent, child, surrogate mother. Thus, all consequences of adoption or surrogacy, only one and one is responsible Indian Government whose unwillingness could not remove disparities to legislate new law or amendment in previous laws at proper time, and also unethical, corrupt regulatory mechanism.

So, It is need to take action to assess the inconsistancy and defective provisions, overlapping different laws, unethical administrative Mechanism for regulation. Government legislate comprehensive legislation to uniform adoption and surrogacy, include strict punishment for violation of law, ethical regulatory mechanism. Simple regulation procedure to access adoption or Surrogacy. Purpose must be uniform infrastructure in standards of norms; regulation mechanism, human resources for monitor, inspection, supervise; financial practices and audits to funding to adoption and IVF practice. 

Last 3 century, there is undergon various changes in social phenomenon of human kind with Shift of view and thoughts. So, to avoide unethical practice of social aspects, it is need to vary the legal aspect, but diverse people of India and political influence in Indian Government lack to do so. As law must to vary as per need of society at large.

1. “Social Life of People.” History Discussion, www.historydiscussion.net/people/social-life/social-life-of-people.

2. “What Does Hinduism Say about Adoption?” Quora, www.quora.com/What-does-Hinduism-say-about-adoption.

3. “Duleep Singh and Adoption (under India Adoption).” Adoption.com, adoption.com/wiki/Duleep_Singh_and_Adoption_(under_India).

4. “The Religious Contours of Adoption in India.” Mint, www.livemint.com/politics/the-religious-contours-of-adoption-in-india.html.

5. “Kafala.” Wiktionary, en.wiktionary.org/wiki/kafala.

6. Legislative Department, Government of India, legislative.gov.in.

7. “Role of Judiciary.” Central Adoption Resource Authority (CARA), cara.nic.in/PDF/Role%20of%20Judiciary.pdf.

8.  “Centre Shut Over Adoption Issues.” Hindustan Times, www.hindustantimes.com/india-news/centre-shut-over-adoption-issues.

9. “The Hindu Daily Digest.” The Hindu, newsletter.th@newsalert.thehindu.com, January 2019.

10. “Law Commission Report No. 153.” Bare Acts Live, www.bareactslive.com/LCR/LC153.

11. Van Vleet, Krista E., and Nancy E. Riley. Making Families Through Adoption. Bookshare, www.bookshare.org.

12. “ETHealthworld Newsletter.” ET Healthworld, newsletter@ethealthworld.com, January 2019.

13. “LGBT Parenting in India.” The Williams Institute, UCLA School of Law, williamsinstitute.law.ucla.edu/wp-content/uploads/lgb-parent-families-india.pdf.

14. “Same-Sex Marriage.” The Times of India, timesofindia.indiatimes.com/topic/same-sex-marriage.

15. “Surrogacy in India: Current Legal Perspective.” Remedy Publications, www.remedypublications.com/open-access/surrogacy-in-india-current-legal-perspective.pdf.