Child Adoption Process in India
Read this blog to know more about the criteria required adopting a child in India and its eligibility.
One interpretation of adoption is taking a child in and raising it as one’s own. In India, adopting a child is an act that recognises someone who is not the child’s biological parent as the child’s parent. It can be viewed as a social, legal, and emotional process by which a child is raised by his legal parents or adoptive parents who have adopted the child rather than by his biological parents. All of the privileges, rights, and obligations of adoptive parents are extended to the adopted kid.
The idea of adopting a child is not new in India. India’s history provides a window into the origins of adoption. However, adopting children is becoming more popular. The main distinction is that before, the idea of child adoption was frowned upon in Indian culture. Adoption is still a topic that is openly discussed in Indian society today. What’s crucial right now is how to adopt a child in India.
The decision to adopt a child can be made for a variety of reasons. The most frequent cause of the rise in child adoption is either that the parents are unable to bear their child or that the parents want to help and improve the life of an orphaned child.
Eligibility in India to adopt a child
The Central Adoption Resource Authority (CARA), a division of the Ministry of Women and Child Care, keeps an eye on the adoption process in India. CARA is a nodal organisation that oversees and controls international adoption. It keeps the required documents and offers guidance on how to adopt a child in India.
To be qualified to adopt a child, a parent must meet the following requirements:
- Indian citizens, NRIs, and foreigners can all adopt Indian children. For each of them, a particular adoption process is followed.
- Any person, regardless of gender or marital status, is eligible to adopt a child.
- When a couple decides to adopt a child, they must be married for at least two years, and both of them must be open to the idea.
- There should be a 25-year age gap between the adoptive parent and the child.
- Conditions under which a kid may be adopted.
The Following Criteria Must Be Met for a Kid to Be Eligible for Adoption:
- The Central Government’s regulations provide that a kid can only be qualified for adoption if he is an orphan, has been given up for adoption, or has been abandoned. The Child Welfare Committee should also deem him legally free for adoption.
- An orphan is a child who has no legal parents or guardians. When a child’s parents can no longer care for them, the youngster may also be deemed an orphan.
- When a child is abandoned, it means that his parents or legal guardians have abandoned them. Furthermore, they must be designated as abandoned by the child welfare committee.
Conditions That Must Be Met for a Child to Be Adopted:
- A child must fulfil the following requirements in order to be eligible for adoption:
- A child can only be eligible for adoption under the rules of the Central Government if he is an orphan, has been abandoned for adoption, or has been rejected. He should also be approved for adoption by the Child Welfare Committee.
- A child without parents or legal guardians is considered an orphan. A child may also be considered an orphan if their parents can no longer care for them.
- When a child is abandoned, it usually signifies that their parents or guardians have given up on the child. The child welfare commission must also declare them to be abandoned.
Requirement of Parents for Adoption of a Child: –
The CARA’s eligibility requirements specify requirements for adoptive parents. The steps for adopting a child in India can be comprehended by looking at the parents’ prerequisites. The following criteria apply:
- The adoptive parents must have good physical, mental, and emotional health.
- The adoptive parents’ financial standing should be solid.
- Life-threatening illnesses should not affect the adoptive parents.
- A couple with three or more children is not eligible to adopt more kids. The circumstances can change when it comes to a child with special needs.
- A single female may adopt either child of any gender. However, a male person can only adopt a boy.
- A single parent shouldn’t be older than 55 when a child is adopted.
- The cumulative ages of the adoptive pair should be at most 110.
- According to CARA criteria, adopting parents’ registration age should be at least 18 years old.
The procedure for adoption of a child in India
Numerous regulations in India govern the adoption procedure. The Central Adoption Resource Authority monitors the observance of this law.
The following steps must be taken to adopt a child:
Registration
The prospective adoptive parents must register with a recognised agency before adopting a child. Two recognised agencies may only make the registration. Recognised Indian Placement Agencies (RIPA) and Special Adoption Agency are registered organisations (SAA). The adoptive parents might go to the closest social worker’s office to learn about the adoption process.
Homework and counselling
A care worker visits the adoptive parents’ home from the registration agency. The agency pays a visit to learn more about the home a child may live in. The agency occasionally conducts parenting counselling sessions. Counselling is conducted to comprehend the adoptive parents’ strengths, shortcomings, and readiness. The home study must be finished within three months of the registration date following CARA regulations before the court is provided with the session report.
Submission of the Child
Every time a kid is ready for adoption, the agency must threaten the couple after finishing the home inspection and counselling, giving the report to the court, and presenting the report.
The organisation then gives the couple access to the child’s medical records, physical examination results, and other data. When the parents are comfortable with the information given to them, the agency also permits them to spend time with the child.
Embracing the Child
The document containing the parents’ adoption of the child is signed once they feel at ease with the youngster.
Petition filing
Following the child’s acceptance, the advocate is provided with all relevant paperwork. An advocate prepares the petition submitted to the court. The adoptive parents must go to court and sign the petition in front of a court official once it is prepared and filed with the court.
Foster Care Before Adoption
Pre-adoption foster care might be thought of as learning about the child’s habits from the nurses who looked after them. After the paper is signed in court, it is completed.
Obtain a court order
The judge signs the adoption order after displaying the court’s investment receipt.
Take Action
A report on the child’s well-being is provided to the court when the adoption process is complete.
Paperwork is needed to adopt a child.
The following paperwork is needed before adopting a child:
- Voter identification, a Pan card, a driver’s licence, or a passport may be used as proof of identity.
- Making Use of Adoption
- Four copies of the husband and wife together in a 4*6 size photograph
- Certificate of Marriage
- Cause of adoption
- The most recent data on hepatitis B and HIV is from the couple’s report
- Recommendation letter from three sources. It is inappropriate for these three individuals to be spouses.
- Whatever further paperwork that the authority or court requests.
Conclusion
One such thing that many people ought to do is adopt a child. India is a vast country with a sizable population. However, the worst part is that more unwanted children are present in this sizable population. But it must be realised that a child is the nation’s most valuable resource.
Therefore, the nation must raise children.
A kid has the right to live with dignity, regardless of whether they are abandoned, mistreated, or taken from their parents. As a result, every child has the choice to be adopted. The law outlines the procedure for adopting a child in India and CARA, which deals with adoption in India. You can get top-notch legal assistance from our Vakilsearch legal experts.
Read more,
- Overview of Family Law for Child Custody
- Child Custody Rights Of Indian Parents
- How Does Child Custody Work in India?
Comments
Post a Comment