Between law and tradition: Nagaland’s adoption system faces awareness gap

‘Adoption an act of love, but process comes from law’Atono Tsükrü KenseKohima | October 11While traditional family and community networks continue to play an important role in caring for children in Nagaland, concerns remain over the gap between informal child care practices and the legally regulated adoption system. For a child without parental care, adoption is meant to provide more than a new home - a legal process designed to secure a permanent family while protecting the child’s identity, rights, safety and long-term interests. And, there is a need for greater public awareness to ensure that children placed with families receive full legal protection, security and recognition.Traditional Care vs Legal AdoptionState Adoption Resource Agency (SARA) Programme Manager, Renchumi Imti said Nagaland’s close-knit social structure and strong kinship ties have traditionally ensured that children are cared for within extended families and communities. However, she stressed that traditional arrangements must be clearly distinguished from foster care, guardianship and legal adoption under the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Adoption Regulations.“A family may take care of a child with genuine affection and responsibility, but that arrangement does not automatically constitute a legally valid adoption under JJ Act 2015 framework,” noted Imti, adding that awareness is important on the formal adoption framework to protect a child’s identity, legal status, family history, rights and long-term welfare.Legal procedure remains a major gapOne of the central concerns identified by adoption authorities is not necessarily the absence of a legal mechanism, but a lack of understanding about what constitutes legal adoption.One of the biggest challenges is the gap between the legal framework and how adoption is sometimes practised in society, Imti highlighted. While the law provides a structured, regulated and child-centred procedure, she pointed out that misconceptions continue to exist around the differences between informal custody, guardianship, foster care and legal adoption.To address this issue, she informed that adoption authorities have established Specialised Adoption Agencies (SAAs) in all 17 districts of Nagaland and are conducting awareness and sensitisation programmes across the state.The State Government also issued a circular on April 29, 2026 directing hospitals, nursing homes and clinics to strictly comply with the JJ Act 2015 and Adoption Regulations, Imti added.Meanwhile, SARA Programme Manager informed, upon enquiry, that three children in Nagaland have been declared legally free for adoption by the Child Welfare Committee.Of those, two are staying in SAAs, while one is in a Children’s Home.Imti, however, clarified that the number of children living in Children’s Homes cannot be equated with the number available for adoption. Many children in institutional care may eventually return to their families or relatives, while others may not meet the conditions required for adoption, she said.Who can be adopted?Children who can be considered for adoption include those who are completely orphaned, surrendered by their parents or abandoned and subsequently unclaimed. In the case of surrendered children, both parents are required to complete the prescribed process, including signing an affidavit.For abandoned children, authorities first make efforts to trace their parents or relatives through public notices and wider publicity. Notices are published in newspapers and circulated through other available channels, giving relatives an opportunity to come forward and claim the child.If no one comes forward within the stipulated period, the child can subsequently be considered for adoption.There are also children who remain in institutional care for years without contact from their parents. Where the parents can be traced, authorities have to establish their willingness and circumstances before determining the child’s future.This, Imti said, is one reason why the number of children in Children’s Homes is much higher than the number available for adoption.“Children’s Homes cannot give out children for adoption,” she said, explaining that the process can only be facilitated through authorised SAAs.Pathways for children beyond adoptionImti explained that under Section 36(1) of the JJ Act, children below six years who are orphaned, abandoned or surrendered are placed in SAAs for care and rehabilitation.If they are not subsequently placed for adoption, they may be transferred to Child Care Institutions for continued care while eligible children may also be considered for foster care under the Model Foster Care Guidelines, 2024, depending on their individual needs and best interests, she informed.After attaining 18 years and leaving institutional care, children may receive after-care support under Section 46 of the JJ Act to assist them in transitioning into mainstream society.Informal custody remains a concernThe practice of families taking children into their care informally before approaching the authorities is another area requiring greater awareness, said Imti and that the Department continues to conduct awareness and sensitisation programmes to familiarise families and stakeholders with the lawful adoption process.Need for a safer and more accessible systemImti said the best interests of the child must remain paramount in any effort to improve Nagaland’s adoption system.Greater awareness and facilitation are needed to encourage more families to come forward for legal adoption, while ensuring that the process continues to comply with the Juvenile Justice Act and Adoption Regulations.She also emphasised the need to move away from the perception that adoption can simply be arranged privately because it is an act of love.“Adoption is indeed an act of love, but the process comes from law,” she said, explaining that the legal framework exists to protect the child’s rights, safety and best interests.From finding a child to finding a familyFor Nagaland to develop a stronger child-centred adoption culture, Imti said society needs to change the way it understands adoption.Rather than viewing adoption as a process of finding a child for a family, the focus should be on finding a safe, stable and permanent family for a child, she asserted adding that this shift would require sustained awareness at the community level, along with greater participation from families, communities and institutions in child protection.Ultimately, she stressed, every decision concerning a child must be guided by the child’s best interests, safety and rights, with child protection recognised as a shared responsibility.‘Child protection is everyone’s responsibility and every decision must ultimately be guided by the child’s best interest, safety and rights” stated Imti.ADOPTION IN NAGALAND: KEY FACTSWho can be adopted?•    Orphaned children•    Children surrendered through the prescribed legal process•    Abandoned children declared legally free for adoption after due proceduresTraditional care vs legal adoptionNagaland’s close-knit families and community networks often provide care for children. However, informal custody does not automatically constitute legal adoption. The prescribed process safeguards a child’s identity, legal status, rights and long-term welfare.How does the legal process work?•    Adoption is governed by the Juvenile Justice (Care and Protection of Children) Act, 2015 and applicable Adoption Regulations. •    Child Welfare Committee (CWC) determines whether an orphaned, abandoned or surrendered child is legally free for adoption, while authorised SAAs facilitate the process.Adoption agencies across Nagaland•    Specialised Adoption Agencies have been established in all 17 districts to facilitate adoption and promote awareness.Government directive to healthcare facilities•    On April 29, 2026, the State Government issued a circular directing hospitals, nursing homes and clinics to strictly comply with the JJ Act, 2015 and Adoption Regulations.Pathways for children beyond adoption•    Children who are not adopted may continue receiving institutional care or be considered for foster care, depending on their circumstances and best interests. •    Eligible young adults leaving institutional care may receive after-care support under Section 46 of the JJ Act.Disclaimer: This report is part of the ‘Media Fellowship Initiative on Child Protection Awareness and Ethical Public Discourse’ series, supported by DKA Austria and implemented by Prodigals’ Home. The content is intended for public legal literacy and preventive awareness.