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How Can You Legally Adopt A Child In India

How Can You Legally Adopt A Child In India?

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Adoption of a child involves legal procedure. The parents have eligibility criteria for adopting a child. Child adoption, which goes beyond formalities, is welcoming a child into one’s family and providing them with love, stability, and support. This legislation is important in India for social, legal, and emotional reasons, as it recognises adoptive parents as the legal parents of a child who is not biologically their own.

Eligibility Criteria for Adopting a Child

  • Indian Citizens, NRI or foreigners, can adopt. The procedure of child adoption is different for all.
  • In the case of a couple, the consent of both husband and wife is required for adopting a child.
  • The age difference between the child and the adoptive parents should be at least 25 years.
  • The adoptive parents should be physically, mentally and emotionally stable so that they can take care of the child.
  • The adoptive parents should be financially stable so that they can provide a good life to the adopted child.
  • Single person can also adopt a child.

Eligibility of child for adoption in India

The first and foremost criteria is that the child must be orphaned, abandoned, surrendered and declared legally free for adoption by the committee.

Laws governing adoption in India

The Juvenile Justice Act in India governs the adoption of a child. This Act of 2015 replaced the 2000 Act. This Act provides for the eligibility and the procedure of adoption. This Act aims to provide the care, protection and rehabilitation of children in need of care and protection.

How Can You Legally Adopt a Child in India

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  • The prospective adoptive parents should register themselves with the authorized agency like Recognised Indian Placement Agencies or Special Adoption Agency. You should not adopt a child from any unlicensed agency.
  • The home study of the prospective parents house is conducted by the social worker. They explore parents’ motivation, weaknesses etc. They can also conduct counseling to understand the reason and readiness for adoption.
  • The agency will provide the information regarding the child to the prospective adoptive parents when the child becomes available for adoption. Relevant information, including medical records, is exchanged, and the adoptive parents may spend time with the kid to determine compatibility.
  • The adoptive parents then sign a document accepting the child for adoption.
  • The agency will submit all the relevant documents to the lawyer who will then file it before the District Magistrate.
  • Before taking the child home, the parents take the child to a pre-adoption foster care center and work with nursing personnel to learn about the child’s routines.
  • The District Magistrate will decide about the adoption.
  • After the adoption is completed, follow-up visits will be made to ensure that the child is adjusting well to their new surroundings.

Documents required for adopting a child in India

  • The identity proof of both parents is required. It includes pan card, passport etc.
  • The proof of residence of parents is also required. It may be a voter ID card, rental agreement etc.
  • The marriage certificate of adoptive parents is also required. This serves as the proof that prospective adoptive parents are married.
  • The income proof is also required to check that the child will be financially safe. This includes bank statements, salary slips etc.
  • Adoptive parents may be required to provide medical records to demonstrate that they are fit and healthy to care for a kid.
  • The home study report, which is prepared by a social worker, is also required. This report assesses the suitability of adoptive parents.
  • The no objection certificate which is issued by the child welfare committee.

Illegal Adoption

The illegal adoption is considered an offense and is punishable under JJ Act. According to JJ Act 2015, these are considered as illegal adoption:

  • If the adoption is not carried out by a CARA approved adoption agency.
  • The adoption which does not follow the requirements of JJ Act.
  • Adoption, which involves buying, and selling of children.
  • Adoptions which are against the best interest of the child.
  • Inter – country adoption will be illegal if it does not follow the requirement of Hague Convention on inter – country adoption of 1993.

Challenges related to adoption in India

  • The adoption procedure in India is a lengthy and complex issue. This process leads to delay in the placement of children with suitable families. According to the recent study by CARA, there are more than 30,000 prospective parents waiting to adopt but less than 7 %, which is 2131 children, are legally free for adoption. Among these children, nearly two third are children with special needs and the process of adoption takes three years to complete.
  • The recent problem, which India is facing, is that the adoptive parents are returning the child after adoption. The CARA report of 2020 states that in the last five years nearly 1100 children who were adopted were returned to child care institutions by their adoptive parents.
  • There is even a rise in unregulated and illegal practices in the adoption process. These illegal activities include trafficking, child selling, unregistered adoption agencies etc. Mother Teresa’s Missionaries of Charity in Ranchi faced criticism in 2018 for its “baby-selling racket” after a shelter nun admitted to selling four youngsters.

For any legal help, contact lead India. We offer free online legal consultation as well as other legal services. On our platform, you can talk to lawyers. You can freely ask any legal question. We provide the solutions to your legal problems.

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