Process for Adopting a Child in India

Introduction

                                                                                                If a baby is not a blessing for you right now……..

                                                                                                Let them be a blessing to someone else…………….

Adoption means acceptance of a child of other parents to be the same as your own child; Nurture the child; love the child as of yours.

There are various laws relating to the term adoption in India. These include the Hindu Adoption and Maintenance Act, 1956, Guardianship and Wards Act, 1890, and Juvenile Justice (Care and Protection) Act, 2015. “Indian citizens who are Hindus, Jains, Sikhs, or Buddhists can adopt a child. The adoption is under the Hindu Adoption and Maintenance Act of 1956. Under this act, a single parent or married couples can adopt one child of the same sex.  It gives an adopted child all the rights enjoyed by a biological child.

Foreign citizens, NRIs, and those Indian nationals who are Muslims, Parsis, Christians or Jews can adopt a child. And the adoption governs under the Guardian and Wards Act, 1890. Under this act, the adoptive parent is only the guardian of the child until she reaches 18 years of age. According to the Juvenile Justice Act, the Act is applicable only to children who have been abandoned or abused, orphan and surrendered and not to those children who have voluntarily put for adoption.

Also Read: Child Adoption Laws in India

Adoption through CENTRAL ADOPTION RESOURCE AUTHORITY (CARA)

What is CARA?

Central Adoption Resource Authority (CARA) is the nodal agency to regulate adoption for in-country and intra-country. It is a statutory body of the Government of India working under the Ministry of Women & Child Development. It deals with the adoption of children through special recognized agencies.

Adoption Procedure

Here are the required details of Adoptions:

1. The Indian Prospective Adoptive Parents (PAP) of any religion can adopt an orphan, abandoned or surrendered child. PAP shall apply to specialized adoption agencies through Child Adoption Resource Information and Guidance System.
2. PAP can register them online for adoption. Registration shall be completed by uploading relevant documents within a period of 30 days from the date of registration.
3. Now PAP shall select a specialized Adoption Agency nearest to their residence for Home Study Report in their State.
4. Social workers of selected Specialized Adoption Agency shall prepare a Home Study Report and they shall counsel the PAP during the Home Study.
5. Specialized Adoption Agency shall post Home Study Report in Child Adoption Resource Information And Guidance System and the Home Study Report shall remain valid for three years and shall be the basis for the adoption of the child by PAP from anywhere in the country.
6. Then Specialized Adoption Agency shall declare their eligibility or ineligibility for adoption.
7. The PAP may prefer an appeal against the decision of the authority.

Also Read: Adoption Law in India 

Referral of a child from the specialized agency through child adoption information and guidance system to PAP

1. The seniority of PAP for child referral shall be from the date of uploading of documents.
2. On the basis of seniority, the PAP shall be referred to online profiles of three children in their preference category. And it will include photographs of a child, Home Study Report, and medical examination of the child.
3. Now after viewing the profiles, PAP may reserve one child within a period of 48 hours for possible adoption and Child Adoption Information and Guidance System would release the rest of the profiles.
4. Specialized Adoption Agency shall get the details of the PAP from the Child Adoption Information and Guidance System and shall fix an appointment with the adoption committee and with the child.
5. While accepting the child, the PAP shall sign the Child Study Report and medical examination report.
6. In case the PAP doesn’t accept the reserved child or adoption committee does not find PAP suitable. Then the PAP shall relegate to the bottom of the seniority list, which may avail a fresh chance.

                                                                                                Parenthood requires love not DNA

– By Nitanshu Arora
Associate in Law Offices of Kr. Vivek Tanwar Advocate & Associates