Adoption once was a taboo for the Indian society but at present times as our society is evolving and accepting and performing modernization adoption of a child is celebrated across the country. The surprising increase in adoption India increased for two main reasons:
- Parents not able to have their own child due to biological issue.
- To support the child by providing a better life.
ELIGIBILTY FOR ADOPTIVE PARENTS IN INDIA
Central Adoption Resource Authority (CARA) is the authority which governs and monitors inter and intra country adoption, CARA is the part of ministry of women and child care
The parents should fulfill the following eligibility criteria for adoption:
- Indian citizen, NRI, foreign citizen procedures for this three is different.
- Person of any gender or marital status.
- Husband and wife must complete 2 years of stable marriage and both must have their consent to adopt.
- Age difference between the adoptive parents and the child should not be less than 25 years.
- Adoptive parents should be physically, emotionally, mentally and financially stable.
- Adoptive parents should not have any life threatening diseases.
- Parents already having three or more kids are not eligible to adopt but the exception is in case of special needs.
- Child of any gender can be adopted by a single female but a single male cannot adopt a girl child.
- Age limit for single parent is restricted to less than 55 years.
- Adoptive parents cannot have a cumulative age of more than 110 years.
- The age of the parents as on date of registration should be as per CARA guidelines in order to be eligible for adoption.
LAWS TO ADOPT A CHILD IN INDIA
- Hindu Adoptions and Maintenance Act, 1956 (HAMA) – it comes under the ministry of law and justice.
- Juvenile Justice Act, 2015 (JJ) – in comes under the ministry of women and child development.
DIFFERENCE BETWEEN CARA & HAMA
| HAMA | CARA | |||
| NATURE OF ADOPTION | Adoption is between the known set of parents, probably of a known child and under-known circumstance which is a family adoption.
|
Adoption is between the unknown people for the child with the proper study were the Welfare of the child is the paramount consideration. Which is a ‘Institutional adoption’. | ||
| RELIGION GROUND FOR ADOPTION | Only Hindus. | All religions. | ||
| AGE OF THE CHILD FOR ADOPTION | Upto age 15 years. | Upto age 18 years. | ||
| NUMBER OF CHILDREN FPR ADOPTION | Only 1 child, gender as per the conditions given in this Act. | Maximum 3 child og any gender. | ||
| REGISTRATION PROCESS | Registration Deed is required. | Order of the Court. | ||
| SUITABILITY OF PAPS FOR ADOPTION | No conditions | Medical reports, financial status. | ||
| FOLLOW UP OF PAPS AND CHILD | Not ensured | Follow up is done till 2 years | ||
| INTER-COUNTRY ADOPTION
|
Not available | Available
|
||
| SELECTION OF CHILD FOR ADOPTION | Only process is mentioned | 48 hours to reserve the child for Indian nationals and 96 hours for foreign nationals. | ||
| PROPOSAL TO PARENTS FOR SELECTION OF CHILD | Not Available | 3 proposals | ||
| CONSULTATION WITH PARENTS | Not Available | Forster Care Consultation is provided. | ||
| SECURITY FOR ADOPTED CHILD | Not Available | Security deposit for the child future like Fixed deposits etc. | ||
ELIGIBILTY FOR CHILD TO GET ADOPTED IN INDIA
- Any orphan, abandoned or surrendered child, declared legally free for adoption.
- Orphan – when the child is without a legal parent or a guardian or the parents are not capable of taking care of the child.
- Abandoned – when the child is deserted, unaccompanied by parents or a guardian.
- Surrendered – when the child has been relinquished on account of physical, social and emotional factors which are beyond the control of parents or guardians.
DOCUMENTS REQUIRED FOR ADOPTION
- Application for Adoption.
- 4 x 6 size photographs (4 copies of husband and wife together).
- Marriage certificate and Age proof.
- Reason for Adoption.
- HIV and Hepatitis Reports.
- Income certificate.
- Proof of residence.
- Investment details.
- Reference letter from 3 people.
- Other document required by the agency or the court.
CAN THE ADOPTIVE PARENTS REQUEST FOR A SPECIFIC CHILD?
No, but the adoptive has the choice to give their preferences which are as follows:
- Gender of the child.
- Skin complexion.
- Health condition.
HOW/STEPS/ PROCEDURES TO ADOPT A CHILD IN INDIA
- REGISTRATION – Adoptive parents has to register with an authorised agency and the agency should be recognized by the Indian Placement Agencies (RIPA) and Special Adoption Agency (SPA). Adoptive parents may visit the Adoption Coordination Agency where they will be guided by the social worker about the paperwork, formalities and general preparation for registration.
- HOME INSPECTION AND COUNSELING – The social worker assigned by the authorised registered authority will be appointed to visit the adoptive parents home and it should be completed within 3 months from the date of registration as guided by CARA The agency will also organize a counseling session to tutor the adoptive parents about the preparation, motivation, strengths and weakness of the parents. When this process is completed it is reported to the court.
- CHILD AVAILABILITY – The agency will inform the interested couple about the availability of the child for adoption by sharing the medical reports and other important information. The couple will be given some time to spend with the child.
- DECISION TO ACCEPT THE CHILD – If the couple are ready to be the adoptive parents of the child than the agency will provide few documents to be signed by the adoptive parents.
- PETITION TO BE FILED – The lawyer of the adoptive parents will file the petition will all the necessary and important documents attested to it and the adoptive parents has to visit the court and sign the petition in the presence of the court officer.
- PRE-ADOPTION FOSTER CARE – Before the adoptive parents take the child home, the child is taken to a foster care home so as to understand the activities and habits of the child.
- COURT VISIT – The adoptive parents along with the adoptive child has to attend the court for the hearing ( hearing is held in closed room with the judge) and the judge may ask few questions and will mention the amount of money that is to be invested in the child’s name.
- COURT ORDER – when the receipt of investment in the name of the child is shown by the adoptive parents, then the court grants the adoption orders.
- FOLLOW UP – After the adoption is granted, it is the duty of the agency to keep a check and update reports on the child’s well being for a period of 1-2 years and must submit the report to the court.
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