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INDIAN ADOPTION LAWS FILMA VARGHESE ALTACIT GLOBAL
ADOPTION Adoption is a legal process by which a child is placed with a married couple or a single female who agree to raise her as their own child and assume all responsibility for her.
LAWS GOVERNING ADOPTION ,[object Object]
Guardian and Wards Act of 1890 (Foreign citizens, NRIs and Indian nationals who are Muslims, Christians or Jews)
Juvenile Justice Act of 2000 (a part of which deals with Adoption of children by non-Hindu parents),[object Object]
The person giving in adoption is lawfully capable of giving in adoption.
The person adopted is lawfully capable of being taken in adoption.
The adoption is completed by an actual giving and taking and after the ceremony called Datta Homan (oblation to the fire) has been performed. However this may not be essential in all cases as to the validity of adoption. ,[object Object]
Non Resident Indian
A foreign citizen	A single female (unmarried, widowed or divorced) or a married couple
CAPACITY TO GIVE THE CHILD FOR ADOPTION ,[object Object]
The father alone if mother has completely and finally renounced the world or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind.
The mother may give the child in adoption if the father is dead or has completely and finally renounced the world or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind.
Where both the father and mother are dead or have completely and finally renounced the world or have abandoned the child or have been declared by a court of competent jurisdiction to be of unsound mind or where the parentage of the child is unknown - the guardian of the child may give the child in adoption with the previous permission of the court.,[object Object]
Must be at least 21 years old
No legal upper age limit for parents
Adoption of the older children, age of the parents may be relaxed
Adopted child with special needs, the age limit may be relaxed
If the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a son living at the time of adoption.

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Indian adoption laws

  • 1. INDIAN ADOPTION LAWS FILMA VARGHESE ALTACIT GLOBAL
  • 2. ADOPTION Adoption is a legal process by which a child is placed with a married couple or a single female who agree to raise her as their own child and assume all responsibility for her.
  • 3.
  • 4. Guardian and Wards Act of 1890 (Foreign citizens, NRIs and Indian nationals who are Muslims, Christians or Jews)
  • 5.
  • 6. The person giving in adoption is lawfully capable of giving in adoption.
  • 7. The person adopted is lawfully capable of being taken in adoption.
  • 8.
  • 10. A foreign citizen A single female (unmarried, widowed or divorced) or a married couple
  • 11.
  • 12. The father alone if mother has completely and finally renounced the world or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind.
  • 13. The mother may give the child in adoption if the father is dead or has completely and finally renounced the world or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind.
  • 14.
  • 15. Must be at least 21 years old
  • 16. No legal upper age limit for parents
  • 17. Adoption of the older children, age of the parents may be relaxed
  • 18. Adopted child with special needs, the age limit may be relaxed
  • 19. If the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a son living at the time of adoption.
  • 20.
  • 21.
  • 22. Never register with multiple agencies
  • 23. Central & State Governments have recognized adoption agencies in most of the state
  • 24.
  • 25. Assess the couple’s parenting abilities - applicant’s motivations, preparations, strengths and weaknesses on the issue of Adoption
  • 26.
  • 27. Once the couple is comfortable about the details given about the child, the agency will show the child physically.
  • 28. The couple can spend time with the child.
  • 29.
  • 30.
  • 31.
  • 32. If the adoption is under Hindu Adoption and Maintenance Act of 1956, then a Deed of Adoption is prepared and the same needs to be registered with the local registrar’s office.
  • 33.
  • 34. The adoptive parent is only the guardian of the child until she reaches 18 years of age.
  • 35. An adoptive parent is allowed to ask for a child, as per her preferences (age, gender, skin colour, religion, specific features and health condition)
  • 36.
  • 37. Agency will appoint a professional social worker to prepare a Home Study Report.
  • 38. Foreign national is required to submit supporting documents along with his application and declaration of willingness.
  • 39. The application will be filed by the Indian welfare agency or a person duly authorized by them.
  • 40. The application for guardianship must be made before the court of the District Judge within whose jurisdiction the Social and Welfare Child Agency in India that is processing the application of the foreigner is located.
  • 41. The court will first hear all the concerned parties and examine all the documents.
  • 42. The court must be satisfied that the foreigner will be a suitable adoptive parent for the child and will provide the child a secure and loving home.
  • 43.
  • 44.
  • 45. CONCLUSION Adoption is the creation of a new, permanent relationship between an adoptive parent and child. Once this happens, there is no legal difference between a child who is adopted and a child who is born into a family.