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Child adoption act

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Child adoption act

  1. 1. CHILD ADOPTION ACT Unit 3 Radha
  2. 2. DEFINITION Adoption is the legal and permanent transfer of parental rights from a person or couple to another person or couple. Adoptive parents have the same responsibilities and legal rights as biological parents. Radha
  3. 3. WHO MAY ADOPT A CHILD? • An Indian • Non Resident Indian • A foreign citizen • A single female (unmarried, widowed or divorced) or a married couple Radha
  4. 4. Eligible to Adopt a Child in India In India, the adoption process is monitored by Central Adoption Resource Authority (CARA) which is the nodal agency to monitor and regulate in-country and intra-country adoption and is a part of Ministry of women and child care. Following are the basic conditions which need to be satisfied by the adopting parents in order to be eligible to adopt a child: 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. Radha
  5. 5.  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. Radha
  6. 6. 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. They are as follows: The prospective adoptive parents need to be physically, emotionally and mentally stable. They should be financially stable. The prospective parents should not be suffering from any life-threatening diseases. Radha
  7. 7.  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. Radha
  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. • A child is said to be an 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. Radha
  9. 9. • A child is considered abandoned on being deserted or unaccompanied by parents or a guardian and the child welfare committee has declared the child to be abandoned. • A 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. Radha
  10. 10. • 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. Radha
  11. 11. LAWS GOVERNING ADOPTION 1.Hindu Adoption and Maintenance Act of 1956 (Hindus, Jain, Sikhs or Buddhists) 2.Guardian and Wards Act of 1890 (Foreign citizens, NRIs and Indian nationals who are Muslims, Christians or Jews) 3.Juvenile Justice Act of 2000 (a part of which deals with Adoption of children by non-Hindu parents). Radha
  12. 12. HINDU ADOPTION AND MAINTENANCE ACT OF 1956 • An adoptive parent is allowed to ask for a child, as per her preferences (age, gender, skin colour, religion, specific features and health condition) • A single parent or married couples are not permitted to adopt more than one child of the same sex.
  13. 13. The procedure for adoption of a child in India Step 1 – Registration Step 2 – Home Study and Counselling Step 3 – Referral of the Child Step 4 – Acceptance of the Child Step 5 – Filing of Petition Step 6 – Pre-Adoption Foster Care Step 7 – Court Hearing Step 8 – Court Order Step 9-Follow Up Radha
  14. 14. Step 1 – Registration: Prospective adoptive parents need to get registered with an authorized agency. Recognised Indian Placement Agencies (RIPA) and Special Adoption Agency (SPA) are the agencies which are allowed to make such registrations in India. The prospective adoptive parents can visit the Adoption Coordination Agency in their area where the social worker will explain the process and take you through the formalities, paperwork and general preparation required for registration. Radha
  15. 15. Step 2 – Home Study and Counselling: A social worker for the registration agency will make a visit to the home of the prospective adoptive parent in order to do a home study. The agency might also need the parents to attend counselling sessions in order to understand the motivation, preparation, strengths and weaknesses of the prospective parents. As per CARA regulation, the home study needs to be completed within 3 months from the date of registration. The conclusion from the home study and counselling sessions is then reported to the honourable court. Radha
  16. 16. Step 3 – Referral of the Child: The agency shall intimate the interested couple when-ever there is a 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. Step 4 – Acceptance of the Child: Once the parents are comfortable with a child, they will have to sign a few documents pertaining to acceptance of the child. Radha
  17. 17. Step 5 – Filing of Petition: All necessary documents are submitted to a lawyer who prepares a petition to be presented to the court. Once the petition is ready, the adoptive parents will have to visit the court and sign the petition in front of the court officer. 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 centre and understand the habits of the child from the nursing staff before taking the child home. Radha
  18. 18. Step 7 – Court Hearing The parents have to attend a court hearing along with the child. The hearing is held in a closed room with a judge. The judge may ask a few questions and will mention the amount which needs to be invested in the name of the child. Step 8 – Court Order Once the receipt of investment made is shown, the judge shall pass the adoption orders. Step 9: Follow Up Post completion of the adoption, the agency needs to submit follow up reports to the court on the child’s well-being. This may continue for 1-2 years. Radha
  19. 19. GUARDIAN AND WARDS ACT OF 1890 • A foreign national adopts an Indian child under the provisions of the Guardian and Wards Act, 1890. • The adoptive parent is only the guardian of the child until she reaches 18 years of age. • An adoptive parent is allowed to ask for a child, as per her preferences (age, gender, skin colour, religion, specific features and health condition) • Foreign citizens and NRIs supposed to adopt according to the adoption laws and procedures in the country of their residence Radha
  20. 20. PROCESS OF ADOPTION o Register in a Social or Child Welfare Agency licensed or recognized by the government of the country in which the foreigner resides. o Agency will appoint a professional social worker to prepare a Home Study Report. o Foreign national is required to submit supporting documents along with his application and declaration of willingness. o The application will be filed by the Indian welfare agency or a person duly authorized by them. Radha
  21. 21. o 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. o The court will first hear all the concerned parties and examine all the documents. o 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. Radha
  22. 22. o If the court is satisfied on all these counts, it will pass an order appointing the foreigner as the child's guardian and the foreigner will be allowed to take the child back to his country with a view to eventual adoption. o The Supreme Court of India has laid down certain guidelines for foreign adoption in an attempt to safeguard the interests of the children. o Applications made under the Guardians and Wards Act, 1890 has to be disposed of within 2 months. o Requirement for personal presence of the foreign national. Radha
  23. 23. JUVENILE JUSTICE ACT OF 2000 Children who have been abandoned or abused and not those children who have been voluntarily put up for adoption. Radha
  24. 24. Radha

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