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Child adoption process & responsibilities by dr alka mukherjee nagpur m.s. india

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Adoption in India
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Child adoption process & responsibilities by dr alka mukherjee nagpur m.s. india

Child adoption is seen as an increasing trend in India and across the world. Most adoptions are either because the parents are not able to have their own kids or because they want to support and give a new lease of life to a child who has been left alone in the world. Earlier considered a taboo in India, adoption is now considered and spoken about freely in the Indian society In India, as across many other countries of the World, there are rules and regulations which govern the adoption of a child.
Adoption law in India is in conjunction with the personal laws of individual religion and therefore, adoption is not allowed as per the personal laws of Muslims, Christians, Parsis and Jews in the country. However, an adoption can be made from an orphanage under the Guardians and Wards Act, 1890, subject to court’s approval. In this case, the adoptive couple are guardians and not parents of the adopted child. Under this Act, Christians can adopt a child only under foster care and the foster child is free to break away all relations from the guardians on becoming a major.
Indian citizens who are Hindus, Jains, Buddhists or Sikhs are allowed to adopt a child formally and the adoption is as per the Hindu Adoption and Maintenance Act, 1956 which was enacted as part of the Hindu code bills.
Adoption of abandoned, surrendered or abused children is governed by the Juvenile Justice (Care and Protection of Children) Act, 2015.
Currently, there is no specific law that governs adoption of kids in India by foreign nationals or NRI’s but the same is governed under Guidelines Governing Adoption of Children, 2015. In the absence of any concrete Act for intercountry adoption, the procedures laid down by the Guardians and Wards Act, 1890 are followed.

Child adoption is seen as an increasing trend in India and across the world. Most adoptions are either because the parents are not able to have their own kids or because they want to support and give a new lease of life to a child who has been left alone in the world. Earlier considered a taboo in India, adoption is now considered and spoken about freely in the Indian society In India, as across many other countries of the World, there are rules and regulations which govern the adoption of a child.
Adoption law in India is in conjunction with the personal laws of individual religion and therefore, adoption is not allowed as per the personal laws of Muslims, Christians, Parsis and Jews in the country. However, an adoption can be made from an orphanage under the Guardians and Wards Act, 1890, subject to court’s approval. In this case, the adoptive couple are guardians and not parents of the adopted child. Under this Act, Christians can adopt a child only under foster care and the foster child is free to break away all relations from the guardians on becoming a major.
Indian citizens who are Hindus, Jains, Buddhists or Sikhs are allowed to adopt a child formally and the adoption is as per the Hindu Adoption and Maintenance Act, 1956 which was enacted as part of the Hindu code bills.
Adoption of abandoned, surrendered or abused children is governed by the Juvenile Justice (Care and Protection of Children) Act, 2015.
Currently, there is no specific law that governs adoption of kids in India by foreign nationals or NRI’s but the same is governed under Guidelines Governing Adoption of Children, 2015. In the absence of any concrete Act for intercountry adoption, the procedures laid down by the Guardians and Wards Act, 1890 are followed.

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Child adoption process & responsibilities by dr alka mukherjee nagpur m.s. india

  1. 1. DR ALKA MUKHERJEE MBBS DGO FICOG FICMCH PGDCR PGDMLS MA(PSY) Director & Consultant At Mukherjee Multispecialty Hospital MMC ACCREDITATED SPEAKER MMC OBSERVER MMC MAO – 01017 / 2016 Present Position  Director of Mukherjee Multispecialty Hospital  Hon.Secretary INTERNATIONAL COUNCIL FOR HUMAN RIGHTS  Hon.Secretary NARCHI NAGPUR CHAPTER (2018-2020)  Hon.Secretary AMWN (2018-2021)  Hon.Secretary ISOPARB (2019-2021)  Life member, IMA, NOGS, NARCHI, AMWN & Menopause Society, India, Indian medico-legal & ethics association(IMLEA), ISOPRB, HUMAN RIGHTS  Founder Member of South Rapid Action Group, Nagpur.  On Board of Super Specialty, GMC, IGGMC, AIIMS Nagpur, NKPSIMS, ESIS and Treasury, Nagpur for “ WOMEN SEXUAL HARASSMENT COMMITTEE.” mukherjeehospital@yahoo.com www.mukherjeehospital.com https://www.facebook.com/ Mukherjee Multispeciality https://www.instagram.com/ Achievement  Winner of NOGS GOLD MEDAL – 2017-18  Winner of BEST COUPLE AWARD in Social Work - 2014  APPRECIATION Award IMA - MS  Past Position  Organizing joint secretary ENDO-GYN 2019  Vice President IMA Nagpur (2017-2018) Vice President of NOGS(2016-2017) Organizing joint secretary ENDO-GYN Organizing secretary AMWICON – 2019 President Elect Nagpur Ob-Gy Society Year of tenure(2021-22)
  2. 2. Child Adoption Process in India & RESPONSIBILITIES DR ALKA MUKHERJEE NAGPUR M.S.
  3. 3. • Who is Eligible to Adopt a Child in India? • When can A Child be Eligible To Be Adopted? • What are the Normal Conditions to be Fulfilled by Parents? • How to Adopt a Child in India? • Can Parents Ask for a Specific Child? • What Documents are Required for Adopting a Child? • Responsibilities afterwards
  4. 4. Fundamental Principles Governing Adoption • Adoption shall be resorted to right to family for the OAS children (Sec 56(1) of JJ Act) • The child's best interests shall be paramount (Reg 3(a) of AR, 2017) • The principle of placement of the child is in his own socio- cultural environment (Reg 3(b) of AR, 2017) • All adoptions shall be registered on CARINGS (Reg 3(c) of AR, 2017) (CARINGS- Child Adoption Resource Information and Guidance System) • Maintaining the confidentiality is mandatory (Sec 74 of JJ Act & Reg 3(c) of AR, 2017) Process for Declaring a Child (orphan, abandoned or surrendered) Adoption means a legal process that allows someone to become the parent of a child, even though the parent and child are not related by blood. But in every other way, adoptive parents are the child's parents
  5. 5. CARA SARA SAA AFAA DCPU smooth functioning of the adoption process from time to time, issues Adoption Guidelines laying down procedures and processes to be followed by different stakeholders of the adoption programme. a nodal body within the State to promote and monitor adoption and non- institutional care in coordination with Central Adoption Resource Authority. recognized by the State Government under sub-section 4 of section 41 of the Act for the purpose of placing children in adoption. recognised as a foreign social or child welfare agency that is authorised by Central Adoption Resource Authority on the recommendation of the concerned Central Authority or Government Department of that country for coordinating all matters relating to adoption of an Indian child by a citizen of that country. unit set up by the State Government at district level under Section 61A of the Act. It identifies orphan, abandoned and surrendered children in the district and gets them declared legally free for adoption by Child Welfare Committee. Central Adoption Resource Authority (CARA) State Adoption Resource Agency (SARA) Specialised Adoption Agency (SAA) Authorised Foreign Adoption Agency (AFAA) District child protection unit (DCPU) Stakeholders in adoption process ADOPTION CENTRES IN INDIA
  6. 6. • A child in India can be adopted by an Indian citizen, NRI or a foreign citizen. The procedure of adoption is different for all three. • Any person is eligible to adopt irrespective of their gender or marital status. • In case a couple is adopting a child, they should have completed at least two years of stable marriage and should have a joint consensus for adoption of the child. • The age difference between the child and the adoptive parents should not be less than 25 years. • Adoption process monitored by Central Adoption Resource Authority (CARA) nodal agency to monitor and regulate in-country and intra-country adoption and is a part of Ministry of women and child care. Who is Eligible to Adopt a Child in India?
  7. 7. What are the Normal Conditions to be Fulfilled by Parents? CARA has defined the eligibility criteria for prospective adoptive parents in order to be able to adopt a child. • The prospective adoptive parents need to be physically, emotionally and mentally, financially stable. • The prospective parents should not be suffering from any life-threatening diseases. • Couples with three or more kids are not considered for adoption except in case of special-needs children. • A single female can adopt a child of any gender. However, a single male is not eligible to adopt a girl child. • A single parent cannot be more than 55 years of age. • A couple cannot have a cumulative age of more than 110 years. • The age of the parents as on date of registration should be as per CARA guidelines in order to be eligible for adoption.
  8. 8. When can A Child be Eligible To Be Adopted? • As per the guidelines of the Central Government of India, any orphan, abandoned or surrendered child, declared legally free for adoption by the child welfare committee is eligible for adoption. • In order to be adopted, a child needs to be “legally free”. On receipt of an abandoned child, the District Child Protection Unit puts up an alert with the child’s photograph and details in state-wide newspapers and request the local police to trace the parents. The child is considered legally free for adoption only after the police has given a report stating that the parents of the child are non-traceable. • Orphan when the child is without a legal parent or a guardian or the parents are not capable of taking care of the child anymore. • Abandoned on being deserted or unaccompanied by parents or a guardian and the child welfare committee has declared the child to be abandoned. • Surrendered child is one who has been relinquished on account of physical, social and emotional factors which are beyond the control of parents or the guardian and is so declared by the child welfare committee.
  9. 9. How to Adopt a Child in India? The adoption process in India is governed by multiple laws and adherence to the same is overseen by the Central Adoption Resource Authority.(CARA)
  10. 10. Step 1 – Registration • MANDATORY REGISTRATION: (RIPA) (SPA) • Prospective adoptive parents need to get registered with an authorized agencies like - Recognized Indian Placement Agencies (RIPA) and Special Adoption Agency (SPA) (Agencies which are allowed to make such registrations in India.) • The prospective adoptive parents can visit the Adoption Coordination Agency in their area where: a) The social worker will explain the process and b) Take them through the formalities, paperwork and c) General preparation required for registration.
  11. 11. Visit to the home of the prospective adoptive parent - By a social worker of the registration agency – will do a home study. The parents - to attend counseling sessions in order to understand the motivation, preparation, strengths and weaknesses of the prospective parents by CARA As per CARA regulation - the home study needs to be completed within 3 months from the date of registration. REPORT - The conclusion from the home study and counselling sessions - to the H’ble court. Step 2 – Home Study and Counseling
  12. 12. Step 3 – Referral of the Child • The agency shall intimate the interested couple when-ever there is a child ready for adoption. 1.Child ready for adoption • The agency will share medical reports, physical examination reports and other relevant information with the couple and also allow them to spend time with the child once they are comfortable with the details shared 2.Sharing child’s information
  13. 13. Once the parents are comfortable with a child, they will have to sign a few documents pertaining to acceptance of the child. Step 4 – Acceptance of the Child
  14. 14. Step 5 – Filing of Petition Once the petition is ready, the adoptive parents will have to visit the court and sign the petition in front of the court officer. All necessary documents are submitted to a lawyer who prepares a petition to be presented to the court.
  15. 15. Step 6 – Pre-Adoption Foster Care Once the petition is signed in the court The adoptive parents can take the child to a pre- adoption foster care center Understand the habits of the child from the nursing staff Taking the child home.
  16. 16. 1. The parents have to attend a court hearing along with the child. 2. The hearing is held in a closed room with a judge. 3. The judge may ask a few questions and will mention the amount which needs to be invested in the name of the child. Step 7 – Court Hearing
  17. 17. Once the receipt of investment made is shown, the judge shall pass the adoption orders. Step 8 – Court Order
  18. 18. Post completion of the adoption: A. the agency needs to submit follow up reports to the court on the child’s well- being. B. This may continue for 1-2 years. Step 9: Follow Up
  19. 19. What Documents are Required for Adopting a Child? Following is the list of documents to be prepared for the adoption process: i. Adoption application ii. 4 x 6 size photographs – 4 copies of husband and wife together iii. Marriage certificate and proof of age iv. Reason for adoption v. Latest HIV and Hepatitis B report of the couple vi. Income certificate vii. Proof of residence viii. Investment details ix. Reference letter from 3 people x. Any other document which may be required by the agency or the court Source: Documents Required – CARA
  20. 20. Key Points to Remember for Prospective Adoptive Parents (PAPs) Do's Don'ts Only adopt from Specialised Adoption Agencies (SAAs) recognised by State Governments. Do not approach any nursing home, hospital, maternity home, unauthorised institution or individual for adoption. Read the Guidelines carefully on the website and follow the due procedure. Do not upload any incorrect document, else your registration will be cancelled. Follow the steps for completing your registration. Do not pay any additional adoption charges other than what is prescribed in CARA Guidelines. Please upload documents as per instructions. Keep away from touts/middlemen. There is no role of touts/middlemen in adoption. They will mislead you to adopt a child illegally. For adoption related charges, please refer Schedule-13 of the Guidelines Governing Adoption of Children (2015). Always make payment by cheque or draft and collect your receipt. Through illegal adoption, you may unintentionally become part of child trafficking network. Save yourself from legal ramifications. In case of query, you may contact Toll Free Helpline No. 1800-11-1311 or carahdesk.wcd@nic.in
  21. 21. Follow-up of progress of adopted child. • (1) The Specialized Adoption Agency which has prepared the Home Study Report, shall prepare the post-adoption follow- up report on six monthly basis for two years from the date of pre-adoption foster placement with the prospective adoptive parents, in the format as provided in Schedule XII and upload the same in Child Adoption Resource Information and Guidance System along with photographs of the child.
  22. 22. (2) In case the adoptive parents relocate, they shall inform the agency which has conducted their home study and the District Child Protection Unit of the district where they relocate. (3) The District Child Protection Unit of the district of the current residence shall prepare the post-adoption follow up report and upload the same in Child Adoption Resource Information and Guidance System.
  23. 23. (4) The Specialized Adoption Agency or the District Child Protection Unit as the case may be, shall arrange for counseling the adoptive parents and adoptee by social worker or link them to the counseling center set up at the Authority or State Agency, whenever required. (5) In case the child is having adjustment problem with the adoptive parents, the Specialized Adoption Agency shall arrange the required counseling for such adoptive parents and adoptees or link them to the counseling center set up at the Authority or State Agency, wherever required.
  24. 24. (6) In case of disruption in in-country adoption. - (a) at the stage of pre-adoption foster care before filing a petition, the child shall be taken back by the Specialized Adoption Agency concerned with information to District Child Protection Unit; (b) at the stage of pre-adoption foster-care after the petition has been filed in the court, the child shall be taken back by the Specialized Adoption Agency and adoption application shall be withdrawn from the court concerned with intimation to District Child Protection Unit; (c) where the child has been taken to another State during the adoption process, the repatriation of the child shall be coordinated by State Adoption Resource Agency in the State where the child is residing and the State of origin.
  25. 25. (7) In case of dissolution, the application for annulment of adoption order shall be filed in the court which issued the adoption order. (8) After disruption or dissolution of adoption, as the case may be, the status of the child shall be updated as legally free for adoption in Child Adoption Resource Information and Guidance System by the Specialized Adoption Agency.
  26. 26. Adoption procedure - In-country • Parents register online on CARINGS (www.cara.nic.in) • Select preferred Adoption Agency for HSR (Home Study Report) and State • User ID and Password generated • Upload documents within 30 days of registration • Registration number generated • Specialised Adoption Agency (SAA) conducts Home Study Report (HSR ) of the PAPs and uploads it on CARINGS within 30 days from the date of submission of required documents on CARINGS • Suitability of Prospective Adoptive Parent (PAP)s is determined (if not found suitable, PAPs informed with reasons for rejection) • PAPs reserve one child, as per their preference from upto 6 children • PAPs visit the adoption agency within 15 days from the date of reservation and finalise • If the child is not finalized within stipulated time, the PAPs come down in the seniority list • On acceptance of the child by the PAPs, SAA completes the referral and adoption process (on CARINGS) • PAPs take the child in pre - adoption foster care and SAA files petition in the court • Adoption Court order issued • Post-adoption follow-up report is conducted for a period of two years

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