What is the Legal Process for Adopting a Child in India?

Adopting a child is a significant and emotional process that involves a thorough legal framework to ensure the child's well-being and secure placement. In India, the process of adoption is governed by the Hindu Adoption and Maintenance Act (HAMA), the Juvenile Justice (Care and Protection of Children) Act, 2015, and the guidelines issued by the Central Adoption Resource Authority (CARA). These laws ensure that both Indian citizens and foreign nationals follow a standardized, transparent, and ethical process for adopting a child.

Legal Process for Adoption in India:

1. Eligibility Criteria for Adoptive Parents:

Indian Citizens:

• Age: The prospective adoptive parent must be at least 21 years old and not more than 45 years old (age difference between the adoptive parent and the child should generally be at least 21 years).
• Marital Status: A single person, married couple, or divorced person can adopt, but in the case of a married couple, both must consent. A single man can only adopt a male child, while a single woman can adopt a female or male child.
• Income and Health: Adoptive parents must prove they are financially stable and in good health to take care of the child.

Foreign Nationals:

• Age: Similar to Indian citizens, foreign nationals must be at least 25 years old, and the age difference with the child should generally be at least 21 years.
• Eligibility Criteria: Foreign applicants must be living in India for at least 2 years if adopting an Indian child. They must meet the criteria set by the Central Adoption Resource Authority (CARA).

2. Registration of Adoption with a Recognized Agency:

Adoptive parents must approach a recognized adoption agency approved by CARA. The agency will assess the suitability of the applicants and register them for the adoption process.

The agency conducts home studies, interviews, and medical checks to ensure that the adoptive parents can provide a stable and healthy environment for the child.

3. Child Selection:

Once the adoptive parents are registered, they are given the option to choose a child for adoption. The child must be declared eligible for adoption by the Child Welfare Committee (CWC).

The CWC ensures that the child has been legally declared an orphan, abandoned, or surrendered and is in need of adoption.

In India, there is an emphasis on ethical adoption, ensuring that children are not placed for adoption without proper legal procedures.

4. Consent of Biological Parents:

In the case of children who are surrendered or abandoned, the biological parents must give consent for adoption, or their rights must be terminated by the CWC before a child can be legally placed for adoption.

If the child is an orphan, no parental consent is required.

5. Home Study Report (HSR):

A Home Study Report (HSR) is an essential part of the adoption process. It is prepared by the adoption agency after conducting thorough background checks, home visits, and interviews.

This report evaluates the physical, emotional, and financial readiness of the prospective adoptive parents to raise a child.

6. Adoption Petition:

After selecting a child, an adoption petition is filed by the adoptive parents in the District Court. The petition contains all the necessary details about the child and the prospective parents, and the consent of both parties is required.

The court reviews the petition and the Home Study Report and conducts a hearing to ensure that the adoption is in the best interest of the child.

7. Court Proceedings and Decree of Adoption:

Once the petition is reviewed and the adoption is deemed in the child’s best interest, the court issues an Adoption Decree, making the child legally the child of the adoptive parents.

After the court’s decree, the adoptive parents are given a new birth certificate for the child with their names as the biological parents.

8. Post-Adoption Follow-Up:

The adoption agency will conduct follow-up visits to monitor the well-being of the child and the adjustment of both the child and the parents.

CARA and the adoption agency will ensure that the adoptive parents are providing appropriate care for the child.

Key Laws Governing Adoption:

Hindu Adoption and Maintenance Act (HAMA), 1956:

For Hindu, Buddhist, Jain, and Sikh communities, HAMA governs adoption, allowing them to adopt children under certain conditions. The law focuses on the process of adoption within the family, such as a step-parent adopting a child.

Juvenile Justice (Care and Protection of Children) Act, 2015:

This law governs adoption for all children who are orphaned, abandoned, or surrendered by their parents. It provides the legal framework for the adoption of children from foster homes and other child care institutions.

Central Adoption Resource Authority (CARA):

CARA is a national body that regulates adoption in India. It ensures the adoption process is ethical, transparent, and conducted according to the law. CARA is responsible for accrediting adoption agencies and facilitating adoption between Indian citizens and foreigners.

The Adoption Guidelines by CARA:

CARA issues adoption guidelines and works to ensure that both domestic and international adoptions are conducted in a manner that prioritizes the best interests of the child.

Adoption for Foreign Nationals:

Foreign nationals who wish to adopt an Indian child must go through a process involving CARA and an Indian adoption agency. After completing the required home study and receiving approval from CARA, they must apply through an authorized agency. The adoption must be finalized by a court before the child can be taken abroad.

Example:

Example: Rajesh and Priya, an Indian couple, wished to adopt a child through the Central Adoption Resource Authority (CARA). They approached a recognized adoption agency and submitted their documents, including medical certificates and financial statements. After a thorough Home Study Report, the couple was matched with a 2-year-old girl who had been declared eligible for adoption by the Child Welfare Committee (CWC).

They filed an adoption petition in the district court. After the court reviewed their application and the Home Study Report, the judge issued an adoption decree, legally recognizing the child as their daughter. The couple was also given a new birth certificate for the child with their names as the adoptive parents. A few months later, the agency conducted a follow-up visit to ensure the well-being of the child in her new home.

Conclusion:

The legal process for adopting a child in India involves several steps to ensure that the adoption is ethical, transparent, and in the best interest of the child. The process includes the involvement of recognized adoption agencies, court proceedings, and the Central Adoption Resource Authority (CARA), which regulates the adoption process. Both Indian citizens and foreign nationals can adopt children in India, provided they meet the eligibility criteria and adhere to the legal requirements. The involvement of agencies and legal authorities ensures that the child is placed in a safe and nurturing environment, with appropriate legal safeguards in place.