Shambhavi was gradually abandoned. India’s laws don’t address her plight
Case Worker: Devadiga Shreyas Ganapa
Our social workers face numerous hurdles to bring abandoned and orphaned kids into the legal adoption pool, and they face these challenges with the patience of a yogi. What breaks us though is when children suffer due to laws that prioritize incapable/uncaring/unwilling parents over the welfare of the child. Read Shambhavi’s story to learn more.
Shambhavi was 4 years old when her mother passed away. Her father left her with her maternal grandparents, moved to another district for work, and gradually abandoned her.
The maternal grandparents were unable to continue caring for Shambhavi, so the Child Welfare Committee (CWC) placed her in a child shelter. The CWC and the District Child Protection Unit repeatedly contacted Shambhavi’s father but he didn’t come forward to take custody, or even meet the child.
An official Social Investigation Report confirmed that available guardians are not fit to provide stable care. However, since Shambhavi’s father has not legally surrendered her, she cannot be declared legally free for adoption. She will continue to languish in a shelter and will never know the love of a permanent family.
If a child living in a shelter has a parent on paper, even if that parent has not visited the child in years, WAIC cannot bring the child into the legal adoption pool. The law expects that the parent, who has no interest in the child, will make the effort to surrender the child. Yes, it’s laughable and appalling. Yes, it’s the law.
WAIC has repeatedly advocated for gradual abandonment to be recognized and if a parent or guardian doesn’t visit a child for 18 months, the child should automatically be considered surrendered. You can learn more about WAIC’s policy recommendations here.
We’ll share another story with you soon — until then, keep supporting WAIC and keep sharing our work with your network.
As always, thanks to all our donors, supporters, and well-wishers – on behalf of the children whose cases we work on, and on behalf of our team.
*AI generated image for illustration purposes only
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