Others Others

How to Adopt a child in India – Eligibility, Requirements & Laws

This comprehensive guide navigates the legal, emotional, and practical aspects, aiding prospective parents in their journey.

Child adoption, a process that goes beyond mere legalities, involves embracing a child into one’s family and providing them with love, stability, and support. In India, this act holds social, legal, and emotional significance, recognizing adoptive parents as the legal parents of a child who is not biologically related to them. This article explores the historical roots of adopting a Child in India, the reasons behind its increasing popularity, and the detailed process of adopting a child in the country.

The Historical Context of Adoption in India

While adoption is not a new concept in India, its perception has evolved over time. In the past, the idea of child adoption faced societal disapproval. However, contemporary Indian society openly discusses adoption, reflecting a positive shift in cultural attitudes. The focus has now shifted to understanding how to adopt a child in India, emphasizing the legal and procedural aspects of the process.

Understanding Child Adoption: A Transformative Experience

Adopting a child is a profound process that goes beyond legalities, encompassing emotional acceptance and commitment to caring for a child who is not biologically related to the adoptive parents. It provides children with an opportunity to experience love, stability, and support, contributing to their overall well-being. For adoptive parents, it is a transformative experience, allowing them to build families in a meaningful and fulfilling way.

Eligibility Criteria for Adopting a Child in India

The central adoption Resource Authority (CARA), the nodal agency under the Ministry of Women and Child Care, oversees the eligibility criteria for adopting a child in India.

The key conditions prospective adoptive parents must meet include:

  1. Citizenship: Adoption can be by an Indian citizen, Non-Resident Indian (NRI), or foreign citizen, each with a different child adoption procedure.
  2. Marital Status: Any person, regardless of gender or marital status, is eligible to adopt.
  3. Stability: Couples must have completed at least two years of stable marriage and jointly consent to adoption.
  4. Age Criteria: The age difference between the child and adoptive parents should be at least 25 years. Adoptive parents must be between 25 and 55 years old.
  5. Health: Adoptive parents must be physically, mentally, and emotionally stable, with the financial capability to provide for the child’s basic needs.
  6. Single Parent Adoption: Single individuals, both male and female, can adopt a child.

Child Eligibility for Adoption

For a child to be eligible for adoption, the Central Government of India specifies that the child must be orphaned, abandoned, or surrendered, declared legally free for child adoption by the child welfare committee. Specific criteria determine the eligibility of orphaned, abandoned, or surrendered children for adoption.

Conditions for Parents’ Eligibility

Parents seeking to adopt must fulfill the eligibility criteria outlined by CARA, including physical, emotional, and mental stability, financial capability, absence of life-threatening diseases, and compliance with age limitations. Effective parenting involves creating a loving and supportive environment, meeting the child’s basic needs, ensuring safety, and encouraging communication, discipline, and appropriate boundaries.

Requirements for Parents’ Adoption

Adoptive parents are required to meet certain criteria as specified by CARA:

  1. Good physical, mental, and emotional health.
  2. Solid financial standing.
  3. Absence of life-threatening illnesses.
  4. A couple with three or more children is not eligible to adopt more kids, unless in the case of a child with special needs.
  5. A single female may adopt a child of any gender, while a single male can only adopt a boy.
  6. Single parents shouldn’t be older than 55 when adopting a child.
  7. The cumulative ages of the adoptive pair should be at most 110.
  8. Adoptive parents’ registration age should be at least 18 years old.

The Child Adoption Process in India

The process for adopting a child in India involves several detailed steps:

  • Step 1: Registration, Prospective adoptive parents must register with an authorized agency, such as a Recognised Indian Placement Agencies (RIPA) or Special Adoption Agency (SPA). Registration involves paperwork, formalities, and general preparation guided by a social worker.
  • Step 2: Home Study and Counseling .A social worker conducts a home study at the prospective adoptive parents’ residence, exploring their motivations, strengths, and weaknesses. Counseling sessions may be required to gain insights into their readiness for child adoption.
  • Step 3: Referral of the Child, When a child becomes available for adoption, the agency notifies interested couples. Relevant information, including medical reports, is shared, and the adoptive parents may spend time with the child to ensure compatibility.
  • Step 4: Acceptance of the Child, Upon comfort and agreement, adoptive parents sign documents indicating their acceptance of the child.
  • Step 5: Filing of Petition, All necessary documents are submitted to a lawyer, who prepares a petition for presentation to the court. Adoptive parents visit the court, sign the petition, and file it.
  • Step 6: Pre-Adoption Foster Care, Parents take the child to a pre-adoption foster care center, understanding the child’s habits with the help of nursing staff before taking the child home.
  • Step 7: Court Hearing, Parents attend a court hearing where the judge may ask questions and specify the investment to be made in the child’s name.
  • Step 8: Court Order, Upon proof of the investment, the judge issues child adoption orders.
  • Step 9:  Follow Up, The agency submits follow-up reports to the court regarding the child’s well-being, continuing for 1-2 years.

Fundamental Principles Governing Adoption

Adopting a Child in India prioritises the well-being of the child above all else. Here are the key principles that guide every adoption process:

  1. Child’s Best Interests First: This means that every decision throughout the adoption journey focuses on what’s best for the child’s overall well-being, security, and happiness.
  2. Finding Forever Families in India: Whenever possible, adoptive families are sought within India to ensure cultural continuity and a familiar environment for the child.
  3. Safeguarding Adoption Records: All adoptions are registered with a secure system to maintain confidentiality and protect the privacy of both the child and the adoptive family.

These principles ensure that adopting a child prioritise the child’s needs and create a safe, supportive environment for them to thrive in their new families.

Stakeholders in Adoption Process

Child adoption in India involves a dedicated team working together to ensure a safe and secure placement for children in need.

Here’s a breakdown of the key players involved:

  1. Central Adoption Resource Authority (CARA): Think of CARA as the central hub for adoption in India. They oversee the entire process, setting guidelines and ensuring everything runs smoothly.
  2. State Adoption Resource Agency (SARA): Each state has its own SARA, which acts like a local branch office. They work closely with CARA to promote adoption within the state and monitor how children are cared for in non-institutional settings.
  3. Specialised Adoption Agency (SAA): SAAs are like adoption matchmakers. They get to know the children in their care and prospective adoptive parents, then work to create the best possible matches based on everyone’s needs.
  4. Authorised Foreign Adoption Agency (AFAA) (if applicable): For international adoptions, AFAAs come into play. These are foreign agencies recognized by CARA to manage adoptions between Indian children and families from other countries.
  5. District Child Protection Unit (DCPU): DCPUs are the ones who identify children who may be eligible for adoption. They work in local districts to find orphans, abandoned children, or those surrendered for child adoption, and ensure they receive proper care while awaiting their forever families.

By working together, these stakeholders create a secure environment for children in need to find loving, permanent homes.

Document Requirements for Adopting a Child

Several documents are required for the child adoption process, including:

  1. Adoption Application
  2. 4 x 6 Size Photographs: 4 copies of the husband and wife together.
  3. Marriage Certificate and Proof of Age
  4. Reason for Adoption
  5. Latest HIV and Hepatitis B Report of the Couple
  6. Income Certificate
  7. Proof of Residence
  8. Investment Details
  9. Reference Letters: From 3 people.
  10. Any Other Document Required by the Agency or the Court

Duration of the Adoption Process

For most families, the child adoption process takes two to four years. The primary factor influencing the timeline is the delay in child referral. Parents open to adopting a boy or a child with special needs may reduce their wait times.

Expressing Preferences in Adoption

While prospective parents cannot request the child adoption of a specific child, they are allowed to express preferences within certain parameters, including the age, gender, skin color, health condition, and religion of the child. However, expressing preferences may extend the time required to find a suitable match.

Do’s and Don’ts 

Do Don’t Reason
Choose an SAA recognized by your state government. Contact any unauthorised individuals or institutions for adoption. This protects children from illegal adoption practices.
Read and follow the CARA adoption guidelines carefully. Submit incorrect documents during registration. This ensures a smooth application process.
Complete your registration by following the prescribed steps. Pay any fees beyond what CARA outlines. This prevents exploitation and ensures transparency.
Upload documents as per the instructions provided. Involve touts or middlemen in the process. Adoption is a legal process free from intermediaries.
Refer to Schedule-13 of the CARA Guidelines for adoption fees. Use cheques or drafts for payments and collect receipts. Participate in illegal adoptions. This protects you from legal trouble and child trafficking.
Contact the CARA helpline or email for any queries. These resources provide official guidance throughout the process.

Laws Governing Adoption in India

Adoption laws in India align with the personal laws of various religions:

  1. Adoption is not permitted under the personal laws of Muslims, Christians, Parsis, and Jews. However, adoption from an orphanage is allowed under the Guardians and Wards Act of 1890, subject to court approval.
  2. Christians can adopt a child under foster care, and the foster child is free to sever all relations with the guardians upon reaching adulthood.
  3. For Hindus, Jains, Buddhists, and Sikhs, formal adoption is allowed under the Hindu Adoption and Maintenance Act of 1956.
  4. The child Adoption of orphaned, abandoned, or abused children is governed by the Juvenile Justice (Care and Protection of Children) Act of 2015.
  5. There is no specific law governing the adoption of children in India by foreign nationals or NRIs. The process is regulated by the Guidelines Governing Adoption of Children in 2015, following the procedures outlined by the Guardians and Wards Act of 1890.

The Takeaway

Adopting a Child is a significant decision that not only transforms the lives of the adoptive parents but also provides a deserving child with a chance to live with love, dignity, and stability. India, with its vast population, has its share of unwanted children, making child adoption a noble act. Every child has the right to be adopted, and the legal procedures outlined by CARA ensure that the process is carried out with utmost care and consideration.

In conclusion, a child is a nation’s most valuable resource, and ensuring their well-being is a collective responsibility. The comprehensive guide provided here, along with legal assistance from Vakilsearch, empowers individuals or couples to navigate the intricate yet rewarding journey of adopting a child in India. Embracing the principles of love, care, and legal diligence, adoption becomes a meaningful endeavor that contributes positively to the lives of both parents and children.

FAQs on Child Adoption

How much does it cost to adopt a child in India?

The cost of adopting a child in India can vary depending on the agency and the legal fees involved. It can range from ₹40,000 to ₹2,00,000 or more.

How can I adopt a child legally in India?

To adopt a child legally in India, you need to register with a government-recognized adoption agency or an orphanage, undergo a home study, counselling and legal procedures, and provide post-adoption follow-up.

What is the minimum income to adopt a child in India?

There is no specific minimum income requirement to adopt a child in India, but you need to provide proof of financial stability and the ability to provide for the child's needs.

What is the fastest way to adopt a child in India?

There is no guaranteed way to adopt a child quickly in India, as the process can be complex and time-consuming. However, adopting a waiting child may result in a quicker process.

Is it difficult to adopt a child in India?

The child adoption process in India can be complex and time-consuming, but it is possible to adopt a child legally by following the guidelines and procedures set by the Central Adoption Resource Authority (CARA).

Can I adopt a baby boy in India?

Yes, you can adopt a baby boy in India, subject to the legal requirements and procedures.

Can I adopt a child from an orphanage?

Yes, you can adopt a child from an orphanage in India, subject to the legal requirements and procedures.

Which state is easy to adopt a child in India?

The child adoption process is governed by the Central Adoption Resource Authority (CARA) and is the same across all states in India.

Can I adopt 1 year old baby?

Yes, you can adopt a 1-year-old baby in India, subject to the legal requirements and procedures.

Can I adopt a newborn baby in India?

Yes, you can adopt a newborn baby in India, subject to the legal requirements and procedures.

Where can I adopt a newborn baby in India?

You can adopt a newborn baby in India through a government-recognized adoption agency or an orphanage.

How much bank balance is required to adopt a child?

There is no specific bank balance requirement to adopt a child in India, but you need to provide proof of financial stability and the ability to provide for the child's needs.

Is it expensive to adopt in India?

Adoption in India is relatively inexpensive compared to other countries. However, associated costs can add up, and financial planning is essential.

Who can not adopt a child in India?

Certain individuals or couples may not be eligible to adopt in India, including: Single men Unmarried couples People with criminal records Individuals with severe mental or physical health conditions

Can I adopt a child from a poor family?

Adopting a child from a poor family is possible through registered adoption agencies following legal procedures.

How long does the adoption process take in India?

The child adoption process can take anywhere from 6 months to 3 years on average, depending on various factors.

Is private adoption legal in India?

Private adoption outside CARA regulations is illegal and discouraged due to potential risks and exploitation of children.

Other Related Articles

About the Author

Subscribe to our newsletter blogs

Back to top button

Adblocker

Remove Adblocker Extension