The Author, J.K Mukhil Malar is a 1st Year, B.A.LL.B. (Hons.) student at The National University of Advanced Legal Studies, Kochi. She is currently interning with LatestLaws.com.
Introduction
Welcoming a child into your family through adoption is a life-changing and rewarding experience. Adopting a child in India involves several legal procedures and guidelines to ensure that the child’s best interests are not overlooked. Let’s understand the legal framework behind this process by looking into its eligibility criteria, the documents required, and the various stages involved in it.
Eligibility criteria:
- A child in India can be adopted by an Indian citizen, NRI or a foreign citizen. However, the procedure of adoption is different for all three.
- The age difference between the child and the adoptive parents should not be less than 25 years.
- If a couple is adopting a child, they should have completed at least two years of stable marriage and have a joint consensus for adopting the child.
- The adoptive parents must be at least 25 years old and not more than 55 years old.
- The adoptive parents should be physically, mentally and financially stable, without any life-threatening medical condition.
- A single female is allowed to adopt a child of any gender, while a single male cannot adopt a female child.
- The age criteria for prospective adoptive parents shall not be applicable in case of relative adoptions and adoption by step-parent.
The above listed are the basic criteria for adopting a child.
Adoption procedure:
The adoption process is governed by the Central Adoption Resource Authority (CARA). The following are the steps to adopt a child in India:
The parents are first supposed to register online on CARA and select a preferred Adoption agency. The parents can also visit the Adoption Centre near their area and have the social worker explain to them, the process that they will have to follow.
- Step 2 – Home Study Report
A social worker from the registration agency will make a visit to the home of the prospective parents to make sure they fulfill the criteria for adoption. Counseling sessions may also be conducted to make understand the motives, mentality, strengths, and weaknesses of the prospective parents. The result of this is reported to the honorable court.
- Step 3 – Referral of the Child
When there is a child ready for adoption, the prospective parents will be intimated. The agency will share medical reports, physical examination reports, and any other relevant information and once the prospective parents are comfortable with the details, they will be allowed to spend some time with the child.
- Step 4 – Acceptance of the Child
Once the parents are comfortable with the child, they will be asked to sign a few documents concerning the acceptance of the child.
- Step 5 – Filing of Petition
A petition is presented in the court, which the adoptive parents should sign in the presence of a court officer.
- Step 6 – Pre-Adoption Foster Care
Once petition is signed, the adoptive parents can take the child to a pre-adoption foster care center where the child’s habits could be understood with the help of the nursing staff
- Step 7 – Court Hearing and Order
The parents will attend a closed-room hearing with the child present. The judge may ask a few questions and mention the amount that needs to be invested in the child’s name. Once the investment receipt is shown, the judge shall pass the adoption orders.
After completion of the adoption procedures, the agency must submit follow-up reports to the court on the child’s well-being. This may continue for 1-2 years.
In conclusion, the process of adopting a child in India is a transformative journey that requires thorough research, connecting with reputable adoption agencies, completing meticulous paperwork, undergoing a comprehensive home study assessment, being patient during the matching process, fostering a nurturing environment during pre-adoption care, and following legal procedures. It is a profound commitment that brings immense joy and fulfillment to both the child and the adoptive parents. With love, dedication, and adherence to the necessary steps, adopting a child in India can create a lifelong bond, providing a loving home and a bright future for a child in need.
