Adoption is a legal procedure that allows individuals to welcome a child into their family, establishing a parent-child bond where none existed before. It provides a child with a stable and loving home when their biological parents are unable to care for them. In India, the adoption process is regulated by the Juvenile Justice Act of 2015, which outlines the necessary framework for adoption.
In this article, we will walk you through the child adoption process in India, detailing the legal requirements and the steps involved.
**Eligibility Criteria for Adopting a Child in India**
Before embarking on the adoption journey, it is crucial to confirm that you meet the eligibility criteria. Key requirements for adopting a child in India include:
– You must be at least 25 years old.
– You should be physically and mentally healthy.
– You must not have any life-threatening medical conditions.
– You need to demonstrate financial stability.
– If you are a couple, you should have been married for a minimum period. ### Types of Adoption in India
In India, there are two primary forms of adoption:
1. **Domestic Adoption**: This occurs when an Indian child is adopted by Indian parents.
2. **Inter-Country Adoption**: This involves a foreign national adopting an Indian child.
### Adoption Procedure in India
The adoption process in India consists of several key steps:
1. **Registration**: The initial step is to register with the Central Adoption Resource Authority (CARA), the governing body that oversees and regulates adoptions in the country.
2. **Home Study**: Following registration, a social worker will perform a home study to assess your suitability as an adoptive parent. This evaluation includes interviews, home visits, and background checks.
3. **Referral**: Once you are approved to adopt, you will be matched with a child who is legally available for adoption. CARA will provide you with detailed information regarding the child’s background, medical history, and other pertinent details. **Acceptance:** If you are pleased with the referral, you must formally accept the child and submit a letter of acceptance to CARA.
**Legal Formalities:** The legal steps involved in adoption include filing a petition in court and securing a court order that grants you legal guardianship of the child.
**Follow-Up:** Once the adoption is finalized, follow-up visits will be conducted to ensure the child is adjusting well to their new environment.
Adoption in India is a legal procedure through which an individual or couple takes on the role of a parent for a child, permanently transferring all rights and responsibilities from the biological parents. The adoption process is primarily regulated by two laws: the Hindu Adoption and Maintenance Act of 1956 (for Hindus) and the Juvenile Justice (Care and Protection of Children) Act of 2015 (for other communities). Below is an overview of the legal process for adoption in India:
1. **Adoption Under the Hindu Adoption and Maintenance Act, 1956 (HAMA):** This act is applicable to Hindus… Buddhists, Jains, and Sikhs have established specific guidelines for adoption within their communities.
**Eligibility of Adoptive Parents:**
– **For Males:** A Hindu male can adopt a child with the consent of his wife, unless she is of unsound mind or has renounced worldly life.
– **For Females:** A Hindu unmarried woman, widow, or divorcee may adopt a child independently. All adoptive parents must be of sound mind and not minors.
**Eligibility of the Child:**
– The child must be a Hindu and should not have been previously adopted.
– The child must be under the age of 15, unless there is a customary practice that allows for the adoption of an older child.
**Conditions for Adoption:**
– If adopting a boy, the adoptive parent must not have a living male child at the time of adoption.
– If adopting a girl, the adoptive parent must not have a living female child at the time of adoption.
– An adoption deed is typically executed and registered.
**Adoption Under the Juvenile Justice (Care and Protection of Children) Act:** regardless of their religious beliefs. This act allows single parents, married couples, and even divorced individuals to adopt. Adoptive parents must demonstrate physical, mental, and financial stability and should not have any life-threatening medical conditions.
**Child Eligibility:** The child must be legally declared free for adoption by the Child Welfare Committee (CWC). Eligible children may be orphans, abandoned, or surrendered.
**Central Adoption Resource Authority (CARA):** CARA is the statutory authority under the Ministry of Women and Child Development that oversees and regulates adoption in India. It monitors both domestic and international adoptions, ensuring compliance with all legal requirements. The adoption process is facilitated through CARA’s online portal (CARINGS), which enhances transparency and efficiency.
**Legal Adoption Process Through CARA:**
**Step 1: Registration**
Prospective adoptive parents (PAPs) are required to register online via the CARA website through the CARINGS portal, providing the necessary documentation. Required documents, including proof of age, proof of income, and medical reports, must be submitted.
**Step 2: Home Study Report (HSR)**
A licensed social worker or agency will conduct a home study to evaluate the suitability of the prospective adoptive parents (PAPs) for adoption. The HSR examines the family’s living environment, their motivations for adopting, and their preparedness to meet a child’s needs. Once the HSR is completed and approved, PAPs can proceed to the next step.
**Step 3: Matching Process**
CARA provides PAPs with profiles of children who are available for adoption. PAPs can choose a child based on the provided information. After making a selection, they have 48 hours to reserve the child and arrange a meeting at a Specialised Adoption Agency (SAA).
**Step 4: Filing the Adoption Petition**
After selecting a child, the adoption agency will file a petition with the appropriate court on behalf of the PAPs. The court will then schedule a hearing to determine if the adoption is in the best interest of the child.
**Step 5: Court Hearing**
**Court Hearing and Legal Adoption**
During the court hearing, the judge confirms that all necessary procedures have been completed and that the child is legally available for adoption. The court reviews the relevant documents and ensures that consent has been obtained from all necessary parties, including biological parents when applicable. Once the judge is satisfied with the proceedings, an adoption order is issued, officially recognizing the child as the legally adopted child of the prospective adoptive parents (PAPs). Following this order, a new birth certificate is created, listing the adoptive parents’ names.
**Inter-Country Adoption**
Foreign citizens and Non-Resident Indians (NRIs) wishing to adopt a child from India must adhere to the guidelines set forth by the Hague Adoption Convention. Inter-country adoptions are closely monitored by the Central Adoption Resource Authority (CARA) and Indian courts to prevent child trafficking and ensure the safety of the child.
**Rights of the Adopted Child**
An adopted child enjoys all the rights of a biological child, including the right to inherit from their adoptive parents. Once the adoption is finalized, the child’s legal relationship with their biological parents is severed. **Documents Needed for Adoption in India**
To adopt a child in India, the following documents are required:
– Proof of age
– Marriage certificate (if applicable)
– Medical fitness certificate
– Income verification
– Police clearance certificate
– Home study report
– Letter of acceptance
– Court order
**Selecting an Adoption Agency**
Choosing the right adoption agency is a crucial step in the adoption journey. It is advisable to select an agency that is licensed and recognized by the government. A reputable adoption agency will offer comprehensive information, guidance, and support throughout the process, ensuring that the adoption is conducted legally and ethically.
**Waiting Period**
The waiting period for adoption in India can vary based on several factors, including… ### Adoption Costs
In India, the expenses associated with adoption can vary significantly based on the agency selected and the type of adoption pursued. Costs may encompass home study fees, legal expenses, court fees, and additional charges. Generally, inter-country adoptions tend to be more expensive than domestic ones.
### Support After Adoption
Adoption is a lifelong journey, and it is crucial to ensure that the child receives ongoing support and care even after the adoption is complete. Adoption agencies or social workers typically offer post-adoption services, which may include counseling, parenting workshops, and access to support groups.
### Challenges in the Adoption Journey
The adoption process can be both challenging and emotionally taxing for adoptive parents and the child. Some common difficulties that adoptive parents might encounter include:
– Addressing the child’s emotional and behavioral challenges
– Navigating the complex legal and bureaucratic landscape
– Facing societal stigma and discrimination
– Managing financial and logistical hurdles Being ready to face these challenges and reaching out for support when necessary is crucial.
Conclusion
In summary, adoption is a commendable and fulfilling means of creating a family and offering a nurturing environment to a child in need. The adoption process in India is regulated by stringent legal standards to safeguard the child’s best interests. If you are contemplating adoption, it is advisable to familiarize yourself with the process and seek professional advice and assistance.
Author: Jaya Grewal
