Yes! The innocents who haven’t done anything wrong but just unexpectedly life gets no more kind to them due to their parents’ “Divorce” decision. The nerve-racking decision becomes more difficult for the parents filing divorce whose children are small and are not mature enough to understand what their parents are going for. Here the question arises that which parent will take the child custody in India with him/her? Can a child choose which parent to live with in India?

How Child Custody in India is decided By the Court?

As the generation has changed and evolved over the past years, so as the mind of the people and the judiciary too. Instead of looking out for the “right of a parent” the custody has been shifted to the “right of a child”. It is more important to look at the child’s basic needs and comfort. The parent who is more capable of looking out for the social, medical, educational and emotional needs of the child will be preferred much and given the custody of a child in India.

Here the earning capacity of a parent doesn’t affect the child custody in India, what matters is the capacity to provide a healthy and safe environment to a child. If a father is an earning figure and a mother being just a housewife then also, it cannot lack mother behind of getting the child custody. Here the court may decide to make the mother a custodial parent if a child is of tender age and give father the other rights and responsibilities for e.g. providing the financial support to the child. At the time child reaches the discernible age, he/she may wish his own custodial parent or with which parent he/she wants to live ahead.

So the answer to the question or a query that can child in India ever choose that which parent to live with is YES! But only after attaining a particular age i.e. 9 years as per the Guardians and Wards Act 1890 (GAWA). Once a child achieves the age of 9 years in India, his/her preference for custody is considered.

In India, the Hindu law have passed various acts relating to Adoption which includes Hindu Adoption and Maintenance Act 1956, Juvenile Justice Act 2000 (Care and Protection) and Guardianship and Wards Act 1890.

• An Indian, non-Indian or a foreigner can adopt a child in the country. The person should be at least 21 years old and medically fit and financially capable.
• A single female or a couple can adopt a child. Usually, a single male is not permitted to adopt but it’s possible if he appeals through registered regency. However, he is eligible to adopt only male child.
• The minimum difference between parent and child should be 16 years and the age of the parent should not exceed 55 years and that of the adopted child’s should not exceed 12 years. The age factor totally depends upon the age of adopted child and that of the parent. For example, if a person is adopting a 1 year old baby, then he should not exceed 45years of age.
• Jains, Sikhs, Hindus and Buddhists can formally adopt a child as per to the Hindu Adoption and Maintenance Act 1956. But the other two acts (mentioned above) provide provision for adoption not only for Hindus but for Christians, Parsis, Jews and Muslims as well.
• According to the Hindu Adoption and Maintenance Act 1956 (only), a child can be adopted by parents who already have a child with the condition that the adopted child should be of the opposite sex. Additionally, if the original child is of a matured age, then he should write a letter of consent about his willingness for an adopted sibling.