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. 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. 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. 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. 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. 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. 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. • 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. • 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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
