How Does Adoption Work for Married Couples?

Adoption in India is a legal process where a married couple takes a child into their family and assumes parental rights and responsibilities. The process can vary slightly depending on the religion of the adoptive parents, as India has different legal frameworks for different communities. However, the basic principles and procedures are similar across various adoption laws. The primary laws governing adoption for married couples in India are:

1. Adoption Under the Hindu Adoption and Maintenance Act (HAMA), 1956

Eligibility:

• Both Spouses Must Consent: Under HAMA, both husband and wife must consent to the adoption. If the couple is married, they both need to agree on adopting a child, and the adoption is generally done jointly.
• Age Limit: The adopting parents must be at least 21 years older than the child they wish to adopt. However, if one of the spouses is older, the age difference between the child and the adopting parent should be a minimum of 21 years.
• Marriage: Both spouses must be married for the adoption process to proceed under HAMA. In the case of a single individual adopting, the person must be above 25 years of age.

Process:

• Consent from Biological Parents or Guardian: The biological parents of the child (or guardian if the child is an orphan) must give their consent to the adoption.
• Adoption Deed: The adoptive parents and the child enter into a formal agreement. The deed is signed, and the adoption is legally recognized once completed.
• Court Order: Although not mandatory under HAMA, a court order may be obtained to finalize the adoption and ensure its legal validity.
• Adoption Rights: After adoption, the child assumes the rights of a biological child. The child inherits property and is treated equally as the natural child of the adoptive parents.

2. Adoption Under the Juvenile Justice (Care and Protection of Children) Act, 2015

Eligibility: The Juvenile Justice Act governs adoption for children who are in need of care and protection, such as orphans, abandoned children, or children whose parents are unable to care for them. This law is applicable to children below the age of 18.

Married Couples: Under the Juvenile Justice Act, married couples must be at least 25 years old but not more than 45 years old to adopt a child. The age difference between the adopting parents and the child must also be at least 21 years.

Single Parents: Single individuals can also adopt under the Juvenile Justice Act, but the age limits and other eligibility criteria are similar to those for married couples.

Adoption Process:

• Registration with Adoption Agencies: Married couples seeking to adopt must register with an authorized adoption agency. These agencies are licensed under the Central Adoption Resource Authority (CARA).
• Home Study Report: The couple undergoes a social and psychological evaluation known as the Home Study Report (HSR). This report assesses the couple's suitability to adopt and includes interviews, background checks, and home visits.
• Child Selection: After registration, the couple can view the list of available children and select one they wish to adopt. The final decision rests with the adoption agency and the child’s best interests.
• Adoption Committee Review: The adoption committee of the agency reviews the couple’s eligibility, the home study report, and other documents before approving the adoption.
• Court Approval: Once the adoption process is complete, the adoption is finalized by a court order. The court ensures that the adoption is in the best interest of the child.

3. Inter-Country Adoption (For Foreign Nationals)

If a married couple is seeking to adopt a child from India and live abroad, they can do so under the inter-country adoption provisions of the Juvenile Justice Act.

Eligibility: Foreign nationals wishing to adopt must meet the eligibility criteria of their home country and CARA (Central Adoption Resource Authority). The process includes a home study report, social background check, and a no-objection certificate from CARA.

Adoption Agencies: The couple must work with a CARA-registered adoption agency in India, which will facilitate the legal procedures and documentation.

Immigration Laws: Inter-country adoption also involves compliance with the adoption laws of the couple's home country and Indian immigration laws. After adoption, the child will obtain a passport and visa to travel abroad.

4. Legal Rights and Considerations Post-Adoption

Parental Rights: After the adoption is finalized, the adopted child has all the legal rights of a biological child in the family, including inheritance rights, maintenance, and the right to a family name.

Post-Adoption Supervision: Some adoption agencies may require post-adoption monitoring, where social workers visit the home and report on the child's adjustment and well-being.

No Reversal of Adoption: Once the adoption is finalized, it is irreversible. The adopted child cannot be returned, and the adoptive parents have permanent legal custody and responsibility.

Example:

Consider a married couple, Rohan and Priya, who wish to adopt a child in India. They decide to go through the Juvenile Justice Act, 2015, and register with an authorized adoption agency.

• Registration: They register with a CARA-recognized adoption agency and submit their documents for the Home Study Report.
• Home Study Report: After several interviews and background checks, the agency determines that they are eligible and suitable to adopt.
• Child Selection: Rohan and Priya are shown the profiles of several children and select a 3-year-old girl. They are informed about her health and family background, and they consent to the adoption.
• Adoption Committee Review: The adoption agency’s committee reviews their case, and the adoption is approved.
• Court Approval: Finally, Rohan and Priya’s adoption is formalized in a family court, and they are granted legal custody of their adopted daughter.

Conclusion:

Adopting a child as a married couple in India involves several legal steps, including meeting eligibility criteria, undergoing a home study evaluation, and obtaining approval from an adoption agency. Whether adopting under the Hindu Adoption and Maintenance Act or the Juvenile Justice Act, married couples must go through a well-defined legal process to ensure the adoption is in the best interest of the child and legally valid. By adhering to the required procedures, couples can create a loving and legally recognized family for the adopted child.