Child adoption is not new in India, it is very common to adopt a child in India these days but it has always been challenging in many ways. The wish of adopting a child comes directly from the heart; it is also regarded as the noble cause. But other aspects also need to be taken care of like financial and legal matters. The main thing here to look at is to protect the child’s interest in every condition because then only the child adoption will be fulfilled. Including these challenges, we will also discuss its legal procedure in India.
In India, Central Government’s various guidelines and rules govern the adoption procedure of a child. Currently, the adoption laws are regulated by the following statues like;
- Guardian and Wards Act, 1890
- The Hindu Adoption and Maintenance Act, 1956
- Guidelines Governing Adoption of Children, 2015
- Juvenile Justice (Care and Protection of Children) Act, 2015
In this blog, we will discuss the legal procedure of the child adoption in India according to the guidelines of the central government in 2015.
Who can adopt a Child in India?
- Through different procedures Indian adoption laws allow any Indian, Foreigner or an NRI to adopt a child in India.
- Any female single or married can adopt a child of any gender but a single man cannot adopt a girl child.
- A couple needs to have the successful marriage of at least 2 years to adopt a child in India and the agreement of both of them.
- The age gap between the parents and the adopted child must be at least 25 years.
Factors to Keep in Mind before Adopting a Child in India
- If you are going to adopt a child then you must register yourself for adoption with an Adoption Coordinating Agency or agency certified by the Central Adoption Resource Authority in the Capital of India- New Delhi.
- You must not adopt a child from any unlicensed agency or adoption orphanages.
- Children adopted illegally cannot get any kind of benefits from the adoptive parents once they have passed away or parted ways.
CARA- It is a regulatory body of the Government of India, who works for the Ministry of Women & Child Development. It regulates the adoption of children through special licensed agencies.
Legal Procedure of Child Adoption in India
- Within one month of the registration of the child adoption, the agency prepares its report describing the various factors of the family tending to adopt a child and later the report is sent to the database.
- Parents are offered the chance to choose their potential child.
- They are provided with different photographs of the children, their study report, and all their medical reports.
- A selected child might be reserved by the intended adoptive parents within the period of 48 hours for the further adoption procedures.
- 15 days are enough to see the capabilities of the intended adoptive parents and whether they are suitable for the child or not.
- While accepting the child officially, the intended adoptive parents have to sign the child study report in front of a government employee.
- Then the lawyer of the agency files a petition in the court to adopt a child on behalf of the intended adoptive parents. Under the specific law of adoption, the deal is approved.
- The representative of the adoption agency and the parents submit the adoption documents to the Registrar as the proof of completion of adoption procedure and further applications for the birth certification.
