How to Adopt a Child in India

• Table of Contents

  • How to Adopt a Child in India
  • Understanding Adoption in India
  • Types of Adoption
  • Eligibility Criteria
  • The Adoption Process
  • 1. Registration
  • 2. Home Study
  • 3. Pre-adoption Counseling
  • 4. Child Referral
  • 5. Court Proceedings
  • 6. Follow-up Visits
  • 7. Issuance of Adoption Certificate
  • Frequently Asked Questions (FAQs)
  • Q1: How long does the adoption process in India take?
  • Q2: Can a single person adopt a child in India?
  • Q3: Can a foreign national adopt a child in India?
  • Q4: Are there any restrictions on the age or gender of the child that can be adopted?
  • Q5: What are the legal rights of adoptive parents in India?
  • Summary

Adopting a child is a life-changing decision that brings joy and fulfillment to both the child and the adoptive parents. In India, the process of adoption is governed by the Juvenile Justice (Care and Protection of Children) Act, 2015, which aims to provide a safe and nurturing environment for children in need of care and protection. This comprehensive guide will walk you through the steps and requirements to adopt a child in India.

Understanding Adoption in India

Adoption is a legal process that establishes a permanent parent-child relationship between individuals who are not biologically related. In India, adoption can be done by Indian citizens, Non-Resident Indians (NRIs), and foreign nationals, subject to certain eligibility criteria and legal procedures.

Types of Adoption

There are two types of adoption recognized in India:

• Domestic Adoption: This refers to the adoption of an Indian child by Indian citizens or NRIs residing in India.
• Inter-country Adoption: This refers to the adoption of an Indian child by foreign nationals or NRIs residing outside India.

Eligibility Criteria

Before proceeding with the adoption process, it is important to ensure that you meet the eligibility criteria set by the Central Adoption Resource Authority (CARA), the apex body responsible for regulating adoption in India. The eligibility criteria include:

• Age: The prospective adoptive parents should be at least 25 years old and have a maximum age difference of 45 years between the child and the younger parent.
• Marital Status: Married couples should have a stable marital relationship of at least two years. Single individuals are also eligible to adopt, subject to certain conditions.
• Health: Prospective adoptive parents should be physically, mentally, and emotionally stable to provide a nurturing environment for the child.
• Financial Stability: The adoptive parents should have a stable income to support the child’s upbringing.
• Background Check: A background check, including a home study, is conducted to ensure the suitability of the prospective adoptive parents.

The Adoption Process

The adoption process in India involves several stages, each with its own set of requirements and procedures. It is essential to follow these steps diligently to ensure a smooth and legal adoption:

1. Registration

The first step in the adoption process is to register with an authorized adoption agency recognized by the State Adoption Resource Agency (SARA) or CARA. The registration involves submitting the necessary documents, including proof of eligibility, identification, and address.

2. Home Study

After registration, a social worker from the adoption agency will conduct a home study to assess the suitability of the prospective adoptive parents. The home study includes interviews, background checks, and home visits to ensure a safe and nurturing environment for the child.

3. Pre-adoption Counseling

Prospective adoptive parents are required to attend pre-adoption counseling sessions conducted by the adoption agency. These sessions provide information about adoption, parenting, and the challenges associated with it. It helps prepare the parents for the responsibilities and emotional aspects of adoption.

4. Child Referral

Once the home study and counseling sessions are completed, the adoption agency will provide a child referral. The referral includes information about the child, such as age, health condition, and background. Prospective adoptive parents have the option to accept or reject the referral based on their preferences and capabilities.

5. Court Proceedings

After accepting the child referral, the adoption agency will file a petition in the court for legal adoption. The court will review the case and issue an adoption order if satisfied with the prospective adoptive parents’ eligibility and the child’s best interests.

6. Follow-up Visits

Following the court’s adoption order, the adoption agency will conduct follow-up visits to ensure the child’s well-being and adjustment in the new family. These visits continue for a specified period, as mandated by the adoption regulations.

7. Issuance of Adoption Certificate

Upon successful completion of the follow-up visits, the adoption agency will issue an adoption certificate. This certificate legally establishes the parent-child relationship between the adoptive parents and the child.

Frequently Asked Questions (FAQs)

Q1: How long does the adoption process in India take?

The adoption process in India can take anywhere from 6 months to 2 years, depending on various factors such as the availability of children, the completion of paperwork, and court proceedings.

Q2: Can a single person adopt a child in India?

Yes, a single person can adopt a child in India, subject to certain conditions. The eligibility criteria and procedures for single individuals may vary slightly from those for married couples.

Q3: Can a foreign national adopt a child in India?

Yes, foreign nationals can adopt a child in India through the inter-country adoption process. However, they need to fulfill additional requirements and follow the guidelines set by their respective countries and CARA.

Q4: Are there any restrictions on the age or gender of the child that can be adopted?

No, there are no specific restrictions on the age or gender of the child that can be adopted in India. However, the adoption agency may consider the prospective adoptive parents’ preferences and the child’s best interests while making a referral.

Q5: What are the legal rights of adoptive parents in India?

Adoptive parents in India have the same rights and responsibilities as biological parents. They have the right to provide love, care, and education to the child, and the child inherits their property and assets. The child also gains the right to inherit from the adoptive parents.

Summary

Adopting a child in India is a well-regulated process that ensures the best interests of the child and the prospective adoptive parents. By understanding the eligibility criteria, following the adoption process diligently, and seeking guidance from authorized adoption agencies, individuals can embark on a fulfilling journey of parenthood through adoption. Remember, adoption not only changes the life of a child but also brings immense joy and love to the adoptive parents.