Adoption in India is a legal process by which an individual or a couple assumes the parenting of a child, permanently transferring all rights and responsibilities from the biological parents. The adoption process is primarily governed by two laws: the Hindu Adoption and Maintenance Act, 1956 (for Hindus) and the Juvenile Justice (Care and Protection of Children) Act, 2015 (for other communities). Here’s an overview of the legal process for adoption in India: 1. Adoption Under the Hindu Adoption and Maintenance Act, 1956 (HAMA) This act applies to Hindus, Buddhists, Jains, and Sikhs. It lays down specific guidelines for adoption within these communities. Eligibility of Adoptive Parents: For males: A Hindu male can adopt a child if he has the consent of his wife (unless the wife is of unsound mind or has renounced the world). For females: A Hindu unmarried woman, widow, or divorcee can adopt a child independently. The adoptive parents must be of sound mind and not be minors. Eligibility of the Child: The child must be a Hindu. The child should not have been previously adopted. The child must be under the age of 15, unless there is a custom or usage that permits adoption of an older child. Conditions for Adoption: If adopting a boy, the adoptive parent should not have a living male child at the time of adoption. If adopting a girl, the adoptive parent should not have a living female child at the time of adoption. An adoption deed is generally executed and registered. 2. Adoption Under the Juvenile Justice (Care and Protection of Children) Act, 2015 This law governs the adoption of orphaned, abandoned, and surrendered children, irrespective of the adoptive parents’ religion. It aims to ensure that children are adopted in a legally compliant manner and that their welfare is prioritized. Eligibility of Adoptive Parents: Any person (Indian or foreign) can adopt under the JJ Act, regardless of religion. Single parents, married couples, and even divorced persons can adopt under this act. The adoptive parents must be physically, mentally, and financially stable and should not have a life-threatening medical condition. Eligibility of the Child: The child must be declared legally free for adoption by the Child Welfare Committee (CWC). The child may be an orphan, abandoned, or surrendered. 3. Central Adoption Resource Authority (CARA) CARA is the statutory body under the Ministry of Women and Child Development responsible for overseeing and regulating adoption in India. It monitors in-country and inter-country adoptions and ensures that all legal processes are followed. The adoption process is conducted through CARA’s online portal (CARINGS), making it transparent and streamlined. 4. Legal Process for Adoption Through CARA: Step 1: Registration Prospective adoptive parents (PAPs) must register online on the CARA website through the CARINGS portal. Necessary documents (such as age proof, income proof, and medical reports) must be uploaded. Step 2: Home Study Report (HSR) A licensed social worker or agency conducts a home study to assess the suitability of the PAPs to adopt. The HSR evaluates the family’s living conditions, motivations for adoption, and readiness to provide for a child’s needs. Once the HSR is completed and approved, PAPs can move to the next step. Step 3: Matching Process CARA provides prospective adoptive parents with the profiles of children available for adoption. PAPs can select a child based on the child’s details. After selection, PAPs are given 48 hours to reserve the child and meet the child at a Specialised Adoption Agency (SAA). Step 4: Filing the Adoption Petition Once the child is selected, the adoption agency files a petition in the competent court on behalf of the PAPs. The court issues a date for the hearing, where it assesses whether the adoption is in the child’s best interest. Step 5: Court Hearing and Legal Adoption During the hearing, the judge ensures that all procedures have been followed and the child is legally free for adoption. The court verifies documents and ensures the consent of the relevant parties (biological parents, when applicable). Once satisfied, the court issues an adoption order declaring the child the legally adopted child of the PAPs. After the adoption order, a new birth certificate is issued with the adoptive parents’ names. 5. Inter-Country Adoption: Foreign citizens or Non-Resident Indians (NRIs) who wish to adopt a child from India must follow the Hague Adoption Convention guidelines. Inter-country adoptions are strictly monitored by CARA and the Indian courts to prevent child trafficking and ensure the child’s safety. 6. Rights of the Adopted Child: The adopted child has all the rights of a biological child, including the right to inherit from the adoptive parents. Once adopted, the child’s relationship with the biological parents is severed. Important Points to Remember: The adoption process is designed to ensure that the child’s best interest is prioritized. CARA is the central authority for adoption, and it regulates both in-country and inter-country adoptions. The entire process is transparent and includes legal safeguards to ensure compliance with Indian law. Adoption is a sensitive process, and it is important to follow the legal procedures to avoid complications in the future.