THE DARK TRANSITION -LEGALLY CHILD ADOPTION IS EXPLOITED FOR ILLEGAL TRAFFICKING AND SALE OF CHILDREN

Child adoption is fundamentally intended to serve the best interests of the child by providing care, protection, and a stable family environment. However, in recent decades, the legal framework governing adoption has increasingly been misused as a conduit for child trafficking and the illegal sale of children. This doctrinal research critically examines the phenomenon of “child laundering,” wherein children are illegally procured through buying, kidnapping, coercion, or deception and subsequently legitimized through formal adoption procedures. Focusing primarily on the Indian context while drawing upon international perspectives, the study analyses how legal adoption mechanisms are systematically exploited due to regulatory gaps, weak enforcement, and institutional complicity.
The research undertakes a comprehensive examination of domestic laws such as the Juvenile Justice (Care and Protection of Children) Act, 2015, adoption regulations under the Central Adoption Resource Authority (CARA), and allied statutes governing surrogacy and assisted reproductive technologies. It further evaluates India’s obligations under international instruments including the Hague Convention on Intercountry Adoption and the UN Convention on the Rights of the Child. Through an analysis of landmark judicial decisions, documented adoption scandals, and reported trafficking cases across various Indian states, the study highlights the structural vulnerabilities that enable illegal adoption practices to flourish.
The findings reveal a persistent disconnect between legislative intent and ground-level implementation, resulting in the commodification of children under the guise of legality. The study concludes by emphasizing the urgent need for stricter monitoring, enhanced transparency, coordinated institutional oversight, and robust criminal accountability to ensure that adoption processes genuinely protect child welfare rather than facilitate exploitation.