Complete Guide to Adopting a Child in India: Procedure, Laws, and Eligibility

Adoption is a life-changing process that brings joy and fulfillment to both parents and children. It allows individuals or couples to legally become parents of a child, even if there is no biological relationship. However, adopting a child in India is not a simple decision; it involves navigating through complex legal frameworks and fulfilling various criteria to ensure the welfare of the child and the adoptive parents. This guide will walk you through the procedure, laws, and eligibility requirements for adopting a child in India.

Understanding Adoption in India

Adoption in India is governed by a well-defined legal process to ensure that the best interests of the child are safeguarded. It involves transferring all legal rights and responsibilities of the biological parents to the adoptive parents. Once the adoption is finalized, the adopted child enjoys the same legal status as a biological child in terms of inheritance, rights, and responsibilities.

Laws Governing Adoption in India

There are three main legislations under which adoption can be carried out in India:

1. Hindu Adoption and Maintenance Act (HAMA), 1956

2. Juvenile Justice (Care and Protection of Children) Act, 2015

3. Guardians and Wards Act, 1890 (GAWA)

Each of these laws caters to different communities and has its own set of guidelines and procedures. Let's delve into each of them in detail.

1. Hindu Adoption and Maintenance Act, 1956 (HAMA)

The HAMA Act is applicable to Hindus, Buddhists, Jains, and Sikhs. This law facilitates adoption among these communities by outlining specific conditions and requirements.

Who Can Adopt?

• Men: Any Hindu male of sound mind, aged above 18 years, can adopt. If he is married, he must obtain the consent of his wife.

• Women: A Hindu female who is single, unmarried, divorced, or widowed, and of sound mind, can adopt.

Who Can Be Adopted?

1. The child must be a Hindu, Buddhist, Jain, or Sikh.

2. The age of the child should be below 15 years.

3. The child should not be married or already adopted.

Other Conditions:

1. A person who already has a male child cannot adopt another male child, and similarly, those with a female child cannot adopt another female.

2. An age difference of at least 21 years must exist between the adoptive father and the adopted daughter, and between the adoptive mother and the adopted son.

When is Court Permission Required?

1. If both parents are deceased or have abandoned the child.

2. If both parents have been declared of unsound mind or have renounced the world.

3. If the child’s parentage is unknown.

Once the conditions are met, the adoption is considered final and irrevocable.

2. Juvenile Justice (Care and Protection of Children) Act, 2015

The Juvenile Justice Act, 2015 is a secular law that permits adoption irrespective of the adopter's religion. It applies to orphaned, abandoned, or surrendered children.

Who Can Adopt?

1. Single Individuals: Both male and female individuals, irrespective of their marital status, can adopt. However, a single male cannot adopt a female child.

2. Couples: A couple must be in a stable marital relationship for at least two years before they can adopt.

Who Can Be Adopted?

1. Children who are orphans, abandoned, or surrendered.

2. Children declared "legally free for adoption" by the Child Welfare Committee.

Eligibility Criteria:

1. Prospective adoptive parents (PAP) should be physically, mentally, and financially capable of raising a child.

2. If a couple already has three children, they are generally not eligible to adopt unless it involves a relative’s child or a child with special needs.

Age Limits for Adoptive Parents:

1. For children up to 4 years: Maximum age of 45 years (single) or a combined age of 90 years (couple).

2. For children aged 4 to 8 years: Maximum age of 50 years (single) or a combined age of 100 years (couple).

3. For children aged 8 to 18 years: Maximum age of 55 years (single) or a combined age of 110 years (couple).

4. There must be a minimum age difference of 25 years between the child and the adoptive parent.

3. Guardians and Wards Act, 1890 (GAWA)

Unlike the previous laws, GAWA does not establish a parent-child relationship but instead creates a guardian-ward relationship. It is commonly used by non-Hindus who wish to adopt. Under this Act, the adopted child does not automatically receive inheritance rights unless specified in a will.

Steps to Adopt a Child in India

1. Registration with CARA

The Central Adoption Resource Authority (CARA) is the central body responsible for overseeing adoptions in India. Prospective adoptive parents must register on the CARA online portal (http://carings.nic.in) and provide necessary documents such as identity proofs, income certificates, and medical reports.

2. Home Study Report

After registration, a home study is conducted by a social worker to assess the suitability of the adoptive parents. This involves a thorough evaluation of the home environment, financial stability, and readiness to adopt. The report is then uploaded on the CARA system.

3. Matching the Child with Parents

Once the home study report is approved, CARA matches the prospective parents with a child based on their preferences. The parents are given 48 hours to accept or decline the match. After three unsuccessful matches, the registration may be canceled.

4. Pre-Adoption Foster Care

If the prospective parents agree to adopt the child, they must visit the child care institution and spend time with the child. This phase helps both the child and parents adjust to each other before the formal adoption process.

5. Court Approval for Adoption

Once the parents are comfortable, the adoption agency files an application in court. The prospective parents and the child must appear before a judge, who will review the case and, if satisfied, issue a final adoption order.

6. Issuance of Birth Certificate

After the court order, the adoption agency facilitates the issuance of a new birth certificate for the child, listing the adoptive parents as legal guardians.

7. Post-Adoption Follow-Up

To ensure the child's well-being, adoption agencies conduct periodic follow-ups for two years after the adoption is finalized.

Inter-Country Adoption in India

For foreign nationals or NRIs, inter-country adoption is governed by the Juvenile Justice Act. CARA issues a No Objection Certificate (NOC) for inter-country adoptions. Foreign adoption agencies handle the post-adoption follow-up for two years to ensure the child's integration into the new family.

Do’s and Don’ts of Adoption in India

Do’s:

1. Adopt only through a Specialized Adoption Agency (SAA) recognized by the government.

2. Ensure that all documents are correctly submitted to avoid delays.

3. Adhere to the guidelines issued by CARA for a smooth adoption process.

Don’ts:

1. Do not resort to adopting a child from unauthorized institutions or middlemen.

2. Avoid paying any unapproved fees or bribes for quicker processing.

3. Do not ignore legal requirements or skip any steps in the adoption procedure.

The Importance of Consulting a Lawyer for Adoption

Adoption laws can be complex, especially with varying rules based on religion, age, and marital status. Consulting a knowledgeable family lawyer can help navigate these complexities, ensuring compliance with all legal requirements. A lawyer can guide you through documentation, court appearances, and other legal formalities to ensure a smooth and successful adoption process.

Conclusion

Adopting a child is a beautiful way to expand your family, but it requires patience, commitment, and compliance with the legal framework in India. By understanding the laws, eligibility requirements, and procedures, you can make the process smoother and bring joy to your family and the child you welcome into your home. Always consult legal experts to guide you through the intricacies of adoption laws in India for a hassle-free experience.