Let's Know About Adoption of Children in India

Author: Ramniwas Surajmal

Adoption of children in India is becoming common, Adoption, which was once considered taboo in India, is now considered and discussed openly in Indian society. The majority of adoptions take place because the parents are unable to have children of their own. An adopting a child is a joyous occasion for the whole family,

There are many institutionalized children waiting for families and so also many childless parents in need of children. Adoption is the permanent legal transfer of all parental rights from one person or an institute to another or a couple.

Adoption of a child in India

The adoption process in India is governed by the Central Adoption Resource Authority (CARA) which is the nodal agency to monitor and regulate in-country and intra-country adoption and is a part of the Ministry of women and child care.

For prospective adoptive parents

  1. The adoptive parents must be in good physical, mental, and emotional health, as well as financially capable and free of any life-threatening medical conditions.
  2. Any prospective adoptive parents, regardless of marital status or whether or not they have a biological son or daughter, can adopt a child if they meet the following criteria:

In the case of a married couple, both partners must agree to the adoption;

a. A single female can adopt a child of any gender;

b. A single male cannot adopt a girl child.

c. A couple cannot adopt a child until they have been married for at least two years and have a healthy marital relationship.

Procedure to adopt a child in India

In India, the process for adoption of a child can be understood in the following steps:

  1. Registration- Prospective adoptive parents need to get registered with an authorized agency. The prospective adoptive parents can visit the Adoption Coordination Agency in their area where the social worker will explain the process and take you through the formalities, paperwork, and general preparation required for registration.
  2. Home Study and Counseling- 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. As per CARA regulation, the home study needs to be completed within 3 months from the date of registration.
  3. Referral of the Child-

The agency shall intimate the interested couple whenever 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.

4. Acceptance of the Child- Once the parents are comfortable with a child, they will have to sign a few documents pertaining to the acceptance of the child.

5. Filing of Petition- All necessary documents are submitted to a lawyers or legal advisory 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.

  1. Court Hearing- The parents have to attend a court hearing along with the child. The hearing is held in a closed room with a judge.
  2. Follow up- Following the adoption, the agency must provide the court with follow-up reports on the child’s well-being. This could go on for another 1-2 years.

Conclusion

Indian citizens who are Hindus, Jains, Buddhists, or Sikhs are allowed to adopt a child formally and the adoption is as per the Hindu Adoption and Maintenance Act, 1956 which was enacted as part of the Hindu code bills. The process of adoption of children in India might be a lengthy process. But all the pain gets over, once a child gets their parent and home.