Child Adoption in India: Rules, Procedures and Laws

Adoption is considered to be a growing trend not only in India but all over the world. Most often, children are adopted because parents are unable to have their own children or want to support and give a new life to a child who is completely alone in this wide world. While adoption was once considered taboo in India, it is now freely considered and talked about in Indian society.

Other countries in the world like India have certain rules, regulations, and restrictions governing adoption. 

Who is eligible for adoption in India: 

The adoption process in India is supervised by the Central Adoption Resource Authority (CARA). CARA is the nodal agency that monitors and regulates interstate and interstate adoptions and falls under the Ministry of Women and Child Welfare. Below are some of the basic conditions that adoptive parents must meet to qualify for adoption. 

Children in India can be adopted by Indian citizens, NRIs, non-resident Indians or foreigners. The recruitment process is different in these three cases. At the age of two, a child becomes eligible for adoption, regardless of gender or marital status. 

If a couple wishes to adopt, she must have been married for at least two years and there must be mutual consent for the adoption. 

The age difference between the child and the adoptive parents should not exceed her 25 years. 

When a child is eligible for adoption: 

As per the guidelines of the Central Government of India, orphans, foundlings or abandoned children who are declared legally free for adoption by the Child Welfare Board are eligible for adoptions.

A child is said to be an orphan if he or she has no legal parents or guardians, or if the parents are no longer able to care for the child.

An abandoned child is a child who has been left behind for physical, social, or emotional reasons beyond the control of their parents or guardians and who has been declared abandoned by a child welfare committee. 

Adoption requires that the child be “legally emancipated.” The district child protection office that takes in the abandoned child will publish the child’s photo and all related documents in a national newspaper, write to the local police to trace the parents, and issue a warning notice. Submit your request. In this case, the child is legally free to be adopted only if the police state in the report that the child’s parents have not been identified. 

What are the general conditions that adoptive parents must meet: 

CARA defines eligibility criteria for prospective adoptive parents to be eligible to adopt a child. 

Prospective adoptive parents must be physically, emotionally, and mentally stable. 

Be financially sound. Parents must not have a life-threatening illness. 

Couples with three or more children are not eligible for adoption unless the child has special needs. 

Single women can adopt children of any gender, but single men cannot adopt girls. 

In case of adoption, one parent must not be over 55 years of age. For couples, she must not be more than 110 years old. 

Eligible ages of parents at the time of adoption registration must be in accordance with CARA guidelines.

How to Adopt a Child in India: 

The process of adopting a child in India is regulated by multiple laws and restrictions and the Central Adoption Resources Authority oversees these matters as well. The process of recruitment in India can be understood in the following stages. 

Stage 1 – Registration: 

Potential adoptive parents must register with an accredited institution. Agencies authorized to conduct such registrations in India include Recognized Referral Agencies of India (RIPA) and Special Adoption Agencies (SPA). Potential adoptive parents can visit their local adoption coordination agency. There, a social worker will explain the adoption process and guide you through steps such as registration, paperwork, and general preparation. 

Stage 2 – Home Study and Counseling: 

A registrar social worker visits the prospective adoptive parents’ home and conducts a home study. Participation in counseling may be required. As per CARA regulations, this home study must be completed within 3 months from the date of admission or registration. 

Stage 3 – Adoption: 

If a child becomes available for adoption, the agency will notify interested couples. Government agencies will share medical reports, health examination reports and other relevant information with the couple, and if the couple is satisfied with what has been shared, they will be allowed to spend time with their children.

Stage 4 – Accepting the Child: 

Once the parents are comfortable accepting the child, they will need to sign some documents regarding the acceptance of the child.

Stage 5 – Completing the application: 

All necessary documents will be submitted to your lawyer and the application will be prepared for submission to the court. Once the application is ready, the adoptive parents must go to the courthouse and sign the application in front of a court official.

Stage 6 – Pre-Adoption Foster Care: 

Once the court application is signed, adoptive parents can take the child to a pre-adoption adoption center before taking the child home. Childcare staff understand children’s temperaments and habits. 

Stage 7 – Court Hearing: 

On the day of the court hearing, the parent must appear with the child in court. The hearing will be held in private in the presence of a judge. The judge will ask you a number of questions and may specify the amount to invest in your child’s name. 

Stage 8 – Court Order: 

After reviewing the issued investment receipt, the judge passes an adoption order. 

Stage 9 – Submission of a follow-up report: 

Once the adoption process is complete, the authorities will request the court to submit a follow-up statement or report regarding the welfare of the child. This may last her a year or two.

Views: 25