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.
HOW TO ADOPT A CHILD?
To adopt a child submission of online application is available at www.cara.nic.in. it is mandatory to register online on CARINGS to adopt a child and if you are unable to register online one can approach the District Protection Officer at the district.
PROCEDURE FOR ADOPTION – IN COUNTRY
- Online registration by parents on CARA website.
- Selection of preferred Adoption Agency for HSR and State.
- Generate User ID and Password.
- Uploading documents within 30 days of registration.
- Generate registration number
- Specialised Adoption Agency (SAA) conducts Home Study Report (HSR) of the PAPs and uploads it on CARINGS within 30 days from the date of submission of required documents on CARINGS.
- Suitability of Prospective Adoptive Parent (PAP)s is determined (if not found suitable, PAPs informed with reasons for rejection)
- PAPs will reserve one child, as per their preference up to 6 children
- PAPs will visit the adoption agency within 15 days from the date of reservation and finalise.
- If the child is not finalized within the stipulated time, the PAPs come down in the seniority list.
- On acceptance of the child by the PAPs, SAA completes the referral and adoption process (on CARINGS).
- PAPs will take the child in pre-adoption foster care and SAA files petition in the court
- Issue of Adoption Court order.
- Post-adoption follow-up report is conducted for a period of two years.
PROCEDURE FOR ADOPTION – IN COUNTRY (ONLINE REGISTRATION)
- Only for Indian residing citizen.
- Provide Residential address, telephone no, area code
- PAN card should be uploaded in the PDF format not exceeding 512 KB.
- Upload photograph.
- Provide Email account and mobile number
- After uploading a registration number will be provided.
- You have to upload your (single parent) or your family photograph (couple) in .jpg format (3.5 x 4.5 cm).
DOCUMENTS REQUIRED FOR ADOPTION IN INDIA
- Photograph of person/s adopting a child (Post Card Size)
- Birth Certificate
- Proof of Residence (Addhaar Card/Voter Card/ Driving License/ Passport/ Current Electricity Bill/ Telephone Bill
- Proof of Income of last year (Salary Slip/ Income Certificate issued by Govt. Department/ Income Tax Return).
- Marriage Certificate.
- Divorce Decree.
- Death Certificate of the spouse.
- Medical certificate.
PROCEDURE FOR ADOPTION – IN COUNTRY TO INTER COUNTRY
Children would move automatically from in-country adoption to inter-country adoption by CARINGS following time schedule as below:
- After 60 days, if the child is below 5 years of age;
- After 30 days, if the child is above 5 years of age or is a sibling;
- After 15 days, if the child has any intellectual or physical disability.
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.
At G.S. Bagga & Associates, our practice is focused exclusively on family law. Our extensive knowledge of how the area of law intertwines (and how the law is practically applied) gives us unique insights for prospective adoptive parents, particularly those who want to adopt a child. It is our goal to help you avoid the common adoption pitfalls and ensure the legal process is as smooth and seamless as possible. If you are considering adopting either domestically or internationally, contact us on G.S. Bagga website for a personalized consultation. We will conduct an extensive assessment of your needs and goals and review all your available options. At G.S. Bagga & Associates, we aim to provide skilled representation for all types of adoptions in Delhi.
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