CHILD ADOPTION PROCEDURES IN INDIA

BY : KRUPA K VARGHESE, CHILD ADOPTION PROCEDURES IN INDIA

In India, the Central Adoption Resource Authority (CARA) monitor the adaptation process. This authority is a part of the Ministry of women and child care.

Eligibility of Parents to Adopt a Child in India:
  • An Indian citizen, NRI or a foreign citizen can adopt a child in India.
  • Any person is eligible to adopt irrespective of their gender or marital status.
  • In case a couple is adopting a child, they should have completed at least two years of stable marriage and should have a joint consensus for adoption of the child.
  • The age difference between the child and the adoptive parents should not be less than 25 years.
  • The adoptive parents need to be physically, emotionally and mentally stable.
  • They should be financially stable.
  • They should not be suffering from any life-threatening diseases.
  • Couples with three or more kids cannot adopt except in the case of special-needs children.
  • A single female can adopt a child of any gender. However, a single male is not eligible to adopt a girl child.
  • A single parent cannot be more than 55 years of age.
  • A couple cannot have a cumulative age of more than 110 years.
  • The age of the parents as on date of registration should be as per CARA guidelines in order to be eligible for adoption.

Also Read: Procedure to adopt a child under Hindu Law

Eligibility of a child to be adopted:
  • As per the guidelines of the Central Government, any orphan, abandoned or surrendered child, declared legally free for adoption by the child welfare committee is eligible for adoption.
  • A child is said to be an orphan when the child is without a legal parent or a guardian or the parents are not capable of taking care of the child anymore.
  • A child is considered abandoned on being deserted or unaccompanied by parents or a guardian and the child welfare committee has declared the child to be abandoned.
  • A surrendered child is one who has been relinquished on account of physical, social and emotional factors which are beyond the control of parents or the guardian and is so declared by the child welfare committee.
  • In order to be adopted, a child needs to be “legally free”. On receipt of an abandoned child, the District Child Protection Unit puts up an alert with the child’s photograph and details in state-wide newspapers and requests the local police to trace the parents. The child is considered legally free for adoption only after the police have given a report stating that the parents of the child are non-traceable.
Procedures for Adoption
  • Prospective adoptive parents need to get registered with an authorized agency.
  • A social worker for the registration agency will make a visit to the home of the prospective adoptive parent in order to do a home study.
  • The agency might also need the parents to attend counselling sessions in order to understand the motivation, preparation, strengths and weaknesses of the prospective parents.
  • The conclusion from the home study and counselling sessions is then reported to the concerned court.
  • The agency shall intimate the interested couple when-ever there is a child ready for adoption.
  • The agency will share medical reports, physical examination reports and other relevant information with the couple and also allow them to spend time with the child once they are comfortable with the details shared.
  • Once the parents are comfortable with a child, they will have to sign a few documents pertaining to the acceptance of the child.
  • All necessary documents are submitted to a lawyer who prepares a petition to be presented to the court. Once the petition is ready, the adoptive parents will have to visit the court and sign the petition in front of the court officer.
  • Once the petition is signed in the court, the adoptive parents can take the child to a pre-adoption foster care centre and understand the habits of the child from the nursing staff before taking the child home.
  • The parents have to attend a court hearing along with the child.
  • Once the receipt of investment made in the name of the child is shown, the judge shall pass the adoption orders.
  • After completion of the adoption, the agency needs to submit follow up reports to the court on the child’s well-being. This may continue for 1-2 years.

Also Read: How to Perform Love Marriage in Court in India

Documents Required:
  • Adoption application
  • 4 x 6 size photographs – 4 copies of husband and wife together.
  • Reason for adoption
  • Marriage certificate and proof of age
  • Income certificate
  • Investment details
  • Latest HIV and Hepatitis B report of the couple.
  • Proof of residence
  • Reference letter from 3 people.
  • Any other document which may be required by the agency or the court.

Also Read: Procedure to adopt a child under Hindu Law

CHILD ADOPTION PROCEDURES IN INDIA.

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