- 19-Apr-2025
- Healthcare and Medical Malpractice
In India, adoption by relatives is legally permissible under specific conditions, but it follows a slightly different procedure compared to non-relative adoptions. The Juvenile Justice (Care and Protection of Children) Act, 2015, governs the adoption process in India, including provisions for relatives adopting a child. Adoption by relatives can be a more emotionally familiar process, but it still requires legal formalities to ensure the best interests of the child are protected, and that the adoption is legally valid.
Under Indian law, relatives such as grandparents, aunts, uncles, and even siblings can adopt a child, provided they meet the eligibility criteria outlined in the Juvenile Justice Act. Relatives wishing to adopt must demonstrate that they have the emotional and financial capacity to care for the child. The law specifically allows close relatives to adopt, but it must be ensured that the child’s welfare and best interests are the primary concern. A relative must not have any criminal background and must be of sufficient age to take on the responsibility of raising the child. Typically, adoptive parents must be at least 21 years older than the child they wish to adopt, but this can vary depending on the specific circumstances and the child's needs.
One of the key requirements for a relative adoption is the consent of the biological parents of the child (if they are alive and capable of giving consent). This ensures that the adoption is voluntary and in the best interest of the child. If the biological parents are untraceable, incapacitated, or unable to provide consent, the Child Welfare Committee (CWC) can assess the case and take a decision based on the child’s needs.
The process for relative adoption is similar to that of non-relative adoption, but the relative has the option of applying directly through the CWC rather than going through an adoption agency. The CWC will first verify the eligibility of the relative adopting the child and confirm that all legal criteria are met. If the biological parents agree, the relative must also obtain the child’s consent if the child is of a sufficient age and maturity to understand the nature of adoption. The relative must provide the required documentation, including proof of identity, financial stability, and reasons for wanting to adopt the child.
A step-parent (i.e., the partner of a child’s biological parent) may also adopt a child, though this is subject to certain conditions under the law. The step-parent must be legally married to the biological parent, and both parents must provide their consent for the adoption. Step-parent adoption does not require the same degree of scrutiny as an adoption by non-relatives, but it still involves an official process through the CWC.
In relative adoption cases, the adoption agency may be involved in some instances to conduct a home study and assess the suitability of the adoptive parents. This can include evaluating the family’s living conditions, psychological readiness, and general well-being to raise a child. The adoption agency or CWC will then submit a report to the court, which will finalize the adoption process.
In cases where the child has been abandoned or orphaned, even if the child is being adopted by a relative, the CWC must first declare the child legally free for adoption. This ensures that there are no legal obstacles to the adoption, such as disputes over custody or rights of the biological parents.
Once the adoption process is complete, including the verification of eligibility and consent, the matter is brought before a court for final approval. The court will consider the welfare of the child, the suitability of the adoptive parents, and the documentation provided by the CWC or adoption agency. After the court’s approval, the adoption is legally finalized, and the child is granted full inheritance and parental rights from the adoptive parents.
Consent Process: In relative adoptions, the biological parents’ consent is generally easier to obtain if the family is still in contact. In contrast, non-relative adoptions often involve more rigorous processes of tracing biological parents or obtaining legal free-for-adoption status.
Familiarity and Emotional Bond: Relative adoption may have an emotional advantage, as there is often a pre-existing bond between the child and the adoptive family. However, the law still requires that the best interest of the child is considered, and the adoption is not automatic due to the relationship.
Procedural Simplifications: In relative adoptions, certain steps like home studies or social background checks may be more straightforward due to the family’s existing relationship with the child. However, all legal formalities still need to be completed for the adoption to be valid.
Court Scrutiny: While both relative and non-relative adoptions involve scrutiny from a court, relative adoptions are often less complicated, provided that the family is stable and the biological parents have consented. For non-relatives, there is often more emphasis on assessing the adoptive parents' capability to raise a child.
Ramesh and Sunita, a couple from Delhi, want to adopt their 10-year-old niece, Neha, after her parents tragically pass away. Neha had been living with them for a year following the death of her parents. Since they are relatives and have already been taking care of Neha, the CWC evaluates their situation and ensures that the adoption is in the best interests of Neha. The biological parents' consent is not required in this case because they are no longer alive, but the CWC ensures Neha’s welfare is adequately addressed. After the necessary documentation and home study, the adoption is legalized by the court.
Yes, relatives can adopt a child under Indian law, and the adoption process involves several key steps. The Juvenile Justice Act allows for relative adoption, provided the adoptive relatives meet the eligibility criteria and secure the necessary consent from biological parents or the CWC. The process generally includes document submission, home studies, and court approval to ensure the welfare of the child. While adoption by relatives may have certain procedural advantages due to the pre-existing family relationship, it still requires legal formalities to ensure the child's best interests are upheld.
Answer By Law4u Team
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