What Are the Steps to Legally Adopt a Child in India?

In India, the process of legally adopting a child involves a series of steps to ensure that the adoption is in the best interest of the child and legally valid. The adoption process is regulated by various laws, such as the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Hindu Adoption and Maintenance Act, 1956, depending on the religion and legal framework of the adoptive parents.

The Central Adoption Resource Authority (CARA), an agency under the Ministry of Women and Child Development, plays a central role in facilitating legal adoptions in India. Below are the steps involved in legally adopting a child in India:

Steps for Legally Adopting a Child in India

1. Eligibility Criteria

Before beginning the adoption process, prospective adoptive parents must meet certain eligibility criteria.

Indian Citizens and NRIs (Non-Resident Indians):

• For a single applicant, the minimum age should be 25 years, and they should be at least 21 years older than the child they intend to adopt.
• For a couple, the combined age of both parents should be at least 50 years, and both partners must be at least 21 years older than the child.
• Same-sex couples and individuals with certain medical conditions may face restrictions in adoption eligibility.

Hindu Adoption:

Under the Hindu Adoption and Maintenance Act (HAMA), a Hindu male or female (whether married or unmarried) can adopt a child, but there are specific conditions, such as the need for the adoptive father to be at least 21 years older than the child.

Special Categories:

• Special considerations may be given for people with disabilities, older individuals, and families with already existing children.
• The applicants should be mentally, emotionally, and financially stable to take on the responsibility of the child.

2. Choose the Type of Adoption

There are two primary avenues for adoption in India:

• In-country Adoption: If the adoptive parents are living within India.
• Intercountry Adoption: For Indian citizens or NRIs adopting from India but residing abroad. This is facilitated through CARA.

3. Register with an Adoption Agency

Adoption in India must be done through a recognized adoption agency, which can be either a government agency or a licensed private agency approved by CARA. The agency will guide the adoptive parents through the following steps:

Registration:

Prospective parents must register with an authorized adoption agency. They will need to submit personal documents, including proof of identity, age, marriage certificate (if applicable), medical reports, income statements, and background information.

Home Study Report (HSR):

A social worker from the agency will conduct a home study to assess the suitability of the parents. This involves interviews, family visits, and a comprehensive evaluation of the home environment.

This step is critical to ensure that the child will be placed in a safe, loving, and nurturing environment.

4. Apply for the Adoption

Once registered, the agency will begin the process of finding a match for the prospective parents:

• Matching the Child with the Parents: The adoption agency will match the parents with a child based on the parents' preferences (age, gender, special needs, etc.) and the child's needs.
• Consent of Biological Parents: If the child is legally free for adoption, the biological parents (or guardians) must give their consent to the adoption, either through surrender or abandonment.

If the child is in a children's home or orphanage, consent from the institution or court will be required.

5. Consent and Placement

After the adoption agency identifies a suitable match, the following steps take place:

• Placement: The child is placed with the adoptive parents for a trial period, usually lasting 15 to 30 days. This allows the parents and the child to adjust to each other and ensures the match is suitable.
• Legal Documentation: During this time, the agency prepares the legal documents, which include a placement certificate and the relevant paperwork for the formal court process.

6. File the Adoption Petition in Court

Once the trial placement period is successful, the adoptive parents can file a petition in the Family Court or District Court for the legal adoption order.

Court Proceedings:

The court examines the home study report, the child's status, and any other relevant documents before granting an adoption order. If the child is already under the care of an adoption agency, the court will verify the adoption procedures and finalize the adoption.

7. Obtain a Final Adoption Order

If the court is satisfied with the petition, it issues a final adoption order. The adoption is now legally recognized, and the child becomes the legal heir of the adoptive parents. This order is crucial for ensuring that the child's birth certificate is changed to reflect the adoptive parents as their legal guardians.

8. Birth Certificate and Post-Adoption Follow-Up

Once the adoption is finalized, the child’s birth certificate is amended to reflect the adoptive parents’ names. The adoptive parents also receive the adoption order, which is a legally binding document.

Post-Adoption Follow-Up:

Adoption agencies are required to conduct follow-up visits for a specified period (usually 1-2 years) to ensure the child's welfare in the new family environment. This is a routine check-up conducted by the agency to assess the child's physical and emotional well-being.

Example

Ravi and Priya, a married couple from Bangalore, wish to adopt a child. They meet the eligibility criteria and approach a recognized adoption agency approved by CARA. After completing the registration process, the couple is matched with a 3-year-old girl named Ananya, whose biological parents have surrendered their rights.

The couple is required to undergo a home study conducted by a social worker to ensure they are prepared for adoption.

After the trial period, Ravi and Priya file a petition in the Family Court for the adoption of Ananya. The court approves the adoption after reviewing all documentation.

The couple receives a final adoption order, and Ananya’s birth certificate is updated with Ravi and Priya's names as her legal parents.

Summary

The process of legally adopting a child in India involves several key steps, from meeting eligibility criteria to completing the adoption through an agency and obtaining a final adoption order in court. This process is carefully regulated by laws such as the Juvenile Justice (Care and Protection of Children) Act, 2015 and Hindu Adoption and Maintenance Act, 1956, and is overseen by CARA. It ensures the protection of the child's rights and well-being while also validating the legal parent-child relationship.