Parenthood sans prejudices
Maternity leave is generally not available to adoptive mothers in India, even though an adoptive mother needs it just as much as a biological mother. The central government recently passed an order reversing this situation in part, thanks to Atmaja, an association of adoptive parents in Kolkata. Ranjita Biswas reports.
Kolkata, (WFS) - Nilanjana Gupta and her husband brought their new daughter home with much love and anticipation. When a child comes home, families need to make some adjustments, and the child herself needs some adjustment time. But Gupta, who teaches English at Kolkata’s Jadavpur University, was not eligible for maternity leave. Her little daughter is an adopted child. However, when the Guptas had their son - a biological child - Gupta had no trouble getting maternity leave.
This is a situation that has been troubling members of Atmaja, an association of adoptive parents in Kolkata formed in 2000, of which Gupta is the Chairperson. “Maternity leave is not just meant for the mother’s health, but also to help her be near her child. So why are we, adoptive mothers, denied this facility?” she questions.
In March 2006, the Central government finally passed an order extending to adoptive mothers the maternity leave of 135 days that biological mothers are entitled to.
But the leave can be availed for by adoptive mothers with fewer than two surviving children, for an adopted child upto one year old.
The government order (392 KB)
• Not a kiss on the cheek
Subir Mukherjee, a founder-member of Atmaja, reiterates her point: “Despite all the mental preparation, when an adopted baby comes home, there are special adjustments that need to be made. The child may be used to a certain schedule or a particular caregiver at the adoption centre, and these things may now have to be changed. This means that the adoptive mother needs maternity leave just as much as the biological mother.”
Thus, since 2003, Atmaja began a sustained campaign demanding recognition of this right. And in March 2006, the central government finally passed an order, “on having considered the justification” by Atmaja, to extend to adoptive mothers the maternity leave of 135 days available to biological mothers. So, now, “adoptive mothers with fewer than two surviving children” are entitled to a ‘Child Adoption Leave’ (CAL) on adoption of a child “up to one year of age”. As per the order, CAL shall not be debited against the leave account. Atmaja had demanded CAL irrespective of the adopted child’s age because older children often have a tougher time adjusting to the new surroundings. However, the government did not concede this point.
It was, in fact, the realisation that adoptive parents often face peculiar problems that led to the setting up of Atmaja as a voluntary, registered, community-based organisation. It is a member of the Mumbai-based Indian Federation of Adoptive Families’ Association, and has over 70 members at present. The name ‘Atmaja’ means ‘born of the soul’ - suggesting that the womb is not central to a parent-child relationship.
As a support group and forum for adoptive parents, these are Atmaja’s stated objectives: ensure well-being of adopted children and help protect their rights; help parents in the pre-adoptive stage; work towards rationalisation of laws regarding adoption to ensure the best interests of the children and parents; and promote social awareness and consciousness about adoption in society.
A crucial area of Atmaja’s work is counselling adopting families. Adoptive parents sometimes have to face hostility from members of the extended family; sometimes a sibling creates problems for the adopted child. Relatives and friends often do not understand why a family with a biological child would want to adopt. All of this can create social problems too. Counsellor Ritu Pathak says that parents also suffer from anxieties like “Can I bring up the child properly?” or “Will society accept my child?”
Sometimes, these anxieties so overwhelm adoptive parents that they even want to return the child to the centre. The Sisters at Mother Teresa’s Missionaries of Charity, a major adoption centre, have experienced this often. This was one reason they actively supported the creation of Atmaja when it was still an idea, says Gupta. Members of Atmaja, therefore, are stern with those who harbour such thoughts. Mukherjee cites the example of a parent from Chandannagore (near Kolkata) who wanted to send back an adopted child. “Isn’t it inhuman? When you take home a child, you take on the responsibility of bringing up that child. How can you abandon him or her when it suits you? It should be punishable by law,” he says.
‘To tell or not to tell’ - that is one of the biggest anxieties with adoptive parents, probably due to the scores of movies that show children running off to look for their biological parents. Counsellors, on the other hand, feel that children need to be told about the fact of adoption, though parents have to decide on the ‘when and how’. Hiding it will only cause harm, they say. Counsellor Josie Joseph, an independent professional, suggests that parents can hold their own relationship up as an example for the child - both parents are from different families and not related by blood, but are now bonded together with love. The child is the ‘chosen one’, they can say.
The central government order on maternity leave is a big step forward in the recognition of the adoptive parent-child relationship. Atmaja members, though, believe that there is much work that needs to be done. To begin with, Mukherjee points out, this order has to be adopted by the states to make it truly effective. Also, all districts should have adoption centres in order to make adoption and registration a less stressful process for potential parents. “Why do they have to come to Kolkata for the formalities?” he asks.
Mukherjee and his colleagues also say that archaic laws on adoption need to be amended, and this is the area that they are planning to focus on next. For example, only Hindus can adopt according to prevailing personal laws (which are community/religion-based). He cites the example of a couple - Muslim man, Hindu woman - who had wanted to adopt but could not.
Clearly, though Atmaja has a long struggle ahead, it has already lent a helping hand to many an adoptive parent. (Women’s Feature Service)
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Ranjita Biswas (2006) ‘Parenthood sans prejudices’, India Together, 24 July 2006. https://indiatogether.org/adoption-children/
3 reader responses
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Narayanan Vincent · 27 July 2006
The story by Ranjita Biswas was relevant and informative keeping in mind the present adoption scenario in India. My wife is still not sure whether she would get the required benefits that a biological parent would get when on maternity leave. She is still talking to the organization where she works. I completely agree with Ranjita and Atmaja on the response of the extended family and other relatives on their reaction to adoption. Out of joy when I intimated a few of my relatives that we had adopted, the response was astounding and shocking. "Why couldn't you wait longer?", "Why couldn't you find medical help?", "God will now bless you with a natural child... keep praying". And some of these reactions came from elderly relatives. It pained me to the extent that I have decided not to invite any of them for my daughter's Christening. I would really love to see how they would manage if they never had the fortune of having a natural child. In our case, my wife and I have always wanted to adopt, irrespective of whether we had a biological child or not. A decision, both of us had made even before our marriage. But who understands all of this? Lastly, I would like to differ with Mukherjee and his colleagues on the adoption law. I quote: "Mukherjee and his colleagues also say that archaic laws on adoption need to be amended, and this is the area that they are planning to focus on next. For example, only Hindus can adopt according to prevailing personal laws (which are community/religion-based). He cites the example of a couple - Muslim man, Hindu woman - who had wanted to adopt but could not." Close Quote. I am a Christian and have recently adopted a child. Though I am not sure about what the laws are for Muslims in the country, Christians can adopt. A couple of my Christian friends have also adopted recently. But we will be called "Guardians" and not "Parents", as the laws are outdated. This is what troubles me. I wish Atmaja and other like minded organizations can take this up seriously and help in changing the adoption scenario in India. Because, not only are the adoption laws in India obsolete, so are our extended family and relatives. Narayanan Vincent Chennai
T.G.Geetha · 1 August 2006
A very good piece of news. I adopted a child 3 years back. I would say that was the best decision i ever took in my life. As Narayan Vincent has stated in his comment I was also faced with similar reactions from friends and relatives. Well now she is the darling of everyone, and my entire life revolves around her. I am a central govt. servant and I was denied maternity leave on adoption. I was sanctioned earned leave and leave on loss of pay. Now that the new govt. order has come is there any way to regularise the leave I had taken earlier? Any one knows?
Dr Robert Antony · 1 August 2006
Dear Ms Biswas Kudos on writing such a powerful piece on an important topic. Something hidden under the carpet. How does one get a copy of this government order as my institution does not support this leave, I could write along with a copy of this order. I do hope Atmaja continues its hard work, and reverses the religious discrimination in adoption. Thank you once and all power to you ! Keep the faith Robert & Maryann (adopted by 2 lovely children Arunima & Ashish)