Provisions Related for Adoption in India

OVERVIEW

Provisions Related to Adoption in India

What are the legal process and conditions for child adoption in India?

Every woman and man in the world wants someone to call them mom or dad. But not everyone gets this boon of God. So, the government has created a procedure for adoption.

Mainly those people or couples who are interested in adopting a child, who does not get the happiness of children, or those who are working professionals and do not want to go through the whole long process to make a family or who have only one boy or girl in the family. And they want to complete their family.

This blog will tell you how to adopt a child in India and which couples can adopt a child.

There are the following types of adoption:

    1. Open Adoption: The child has the right to see all the documents related to his adoption when the child turns 18 years old. The child's biological mother or natural mother has the right to visit her child after the child is adopted. However, the consent of the other party is also required.
    2. Semi-Open Adoption: In this, the child's real mother cannot meet the child after the adoption. However, before adoption, the real mother has the right to decide to whom the child should be adopted or who will be the adoptive parents of that child. Apart from this, the whole process is similar to open adoption.
    3. Closed Adoption: There will not be any contact between the child and the adoptive parents in this type of adoption process. Once a couple adopts a child, it has no connection with the parents who gave birth to it (neither before nor after the adoption).
    4. Intra Family Adoption: Sometimes, a couple adopts a relative or a child from the family.
    5. Domestic Family Adoption: In this type of adoption, the biological and adoptive parents are citizens of the same country.
    6. International Adoption: In this process, the adoptive parents adopt a child from another country.

The process of adoption in India is:

This process can be divided into the following steps:

Any person or couple wanting to adopt a child should register with the same agency, which is registered with the Adoption Coordination Agency or the Central Adoption Resource Authority. CARA (Central Adoption Resource Authority) is a Ministry of Women and Child Development branch.

  1. Parents must first register themselves online as adoptive applicants on the website (http://carings.nic.in). In addition, prospective parents should register themselves with the Adoption Placement Agency certified by CARA.
  2. After this, several documents (like their financial status, illness, marriage status, address proof, age proof, etc.) must be uploaded on the website to submit the registration form successfully. Once all the documents have been uploaded, your application will be ready for consideration.
  3. After this, counseling and interviewing the person or couple who wants to adopt is done. A social worker collects complete information about adoptive parents. This information is contained within 30 days from the submission date of the required documents. Once completed, it is valid for three years. If everything is in accordance with the rules by this time, then the waiting period begins.
  4. When the agency finds a suitable child, they inform the prospective parents. If the couple who wants to adopt a child agrees to adopt the child, they must sign certain documents. After which, the child is handed over to the parents.
  5. After this, the agency's lawyer files a petition on behalf of the adoptive parents in the Juvenile Court Board or the court under which the child's adoption is approved.
  6. The adoptive parents have to go to the registrar's office. After which, they register the adoption certificate in the office and apply for the child's birth certificate.

Child adoption rules in India:

  • You can adopt a child in any part of India, but the agency inquires about the adoptive parents of the same state where you reside.
  • There should be a gap of at least 21 years (if single parent) between the adoptive parent and the child to be adopted. Apart from this, such couples can also adopt a child whose combined age is less than 90 years.
  • The married couple who wishes to adopt a child must have been married for at least two years.
  • A single woman can adopt a boy or a girl, but a single man cannot adopt a girl child.
  • The married couple who wishes to adopt a child can be of any religion/caste. Along with this, they can also be non-Indians living in India or outside India. They are all eligible to adopt a child under the Juvenile Justice Act (Care and Protection of Children), 2015.
  • Disabled are also eligible for adoption depending on the nature and extent of their disability.
  • Gay or lesbian couples can also adopt as single parents, not as families.
  • People who already have three or more children are not eligible for child adoption. However, in special circumstances, they can also adopt a child.

The documents required for adoption are:

  1. Proof of Identity of Adoptive Parents (Aadhaar Card / Voter Card / PAN Card / Passport / Driving License)
  2. Birth certificate of parents
  3. Proof of Income
  4. Certificate of fitness of parents
  5. Proof of Residence
  6. Family Photograph
  7. Marriage Certificate
  8. Consent of a relative to take care of the child in case of an accident if the adoptee is a single parent
  9. After this, two persons get the recommendation letter written. Those who know the adoptive family well but should not be close relatives.

What are the legal rights of the child?

When a child is given in adoption to someone else, whatever property is in the child's name also goes with him. If no property is in the child's name and it is adopted, then the adopter loses all his legal rights. Apart from this, the couple or the person who has adopted the child gets all the legal rights to the child.

Adopting a child in India is a bit lengthy and complicated. The method of adoption is designed to be complex so that all rights of the adopted child are protected, and she can lead a healthy life to become a successful person or woman.

We hope you liked our written blogs. You can also read blogs on other legal topics available on our website. You can view our services by visiting our website. If you want any Civil or Criminal guidance or help of any Lawyer regarding the matter, You may reach us via mail at help@vakilkaro.co.in or call us at  +91 9828123489  to resolve any legal problem.

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