- We all grew up in families with much care, support and love. Most of us have experienced being the centre of attention in our families and enjoyed the great adoration and affection of our parents. Such affection is probably the birthright of every child but sadly, there are some who are deprived.
Most people in India believe that having children in a family brings not just happiness but also prosperity. Married couples look forward to add to their happiness by having children. However, there are several ways to bring children into families apart from the natural process of giving birth. One such process is adopting a child.
Adoption is a legal process whereby an adult assumes the parenting of a child, from that child’s biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities from the biological parents to the adoptive parents. The act of adoption has wholesome benefits for both the adopted child and the adoptive parents.
Adoption blesses homeless children with families, who willingly nurture, protect and look after them. Childless couples, single adults often adopt children from within their families or from orphanages.
LEGAL FRAMEWORK IN INDIA
In India, adoption is dealt under the Hindu Adoption and Maintenance Act, 1956 (for Hindus, Jains, Sikhs and Buddhists) and the Guardians and Wards Act, 1890 (for Muslims, Christians, Jews and Parsis)
The following are the Authorities that regulate the process of adoption in India-
- The Central Adoption Resource Authority (CARA)
- State Adoption Resource Agency (SARA)
- Specialised Adoption Agency (SAA)
- Authorised Foreign Adoption Agency (AFAA)
- District Child Protection Unit (DCPU)
- The Juvenile Justice (Care and Protection of Children) Act, 2015 along with Adoption Regulations 2022 has recognized five kinds of adoption namely:
The Central Adoption Resource Authority (CARA) is the nodal authority in India for the adoption of Indian children. It is a statutory body functioning under the Ministry of Women and Child Development. CARA is authorized to regulate and monitor inter- country and in-country adoptions.
It is the nodal body within the state to monitor and promote adoption and non- institutional care in coordination with CARA.
Agencies recognized by the State Government for the placement of children in adoption.
A foreign social or child welfare agency that is authorized by CARA on the basis of recommendations of a foreign country’s adoption authority or government department for all matters relating to the adoption of an Indian child by a citizen of that country.
It is a unit established by the State Government at the district level for identifying orphaned, surrendered and abandoned children in their districts. DCPU declares children who are legally free for adoption in coordination with the Child Welfare Committees.
- Adoption of abandoned, surrendered, destitute children by an unrelated person(s) living within the country.
- Adoption of abandoned, surrendered, destitute children by an unrelated person(s) living outside the country.
- Adoption of a related child by relatives living within the country.
- Adoption of a related child by relatives living outside the country.
- Adoption of a child by stepparents within the country.
ELIGIBILITY TO ADOPT IN INDIA
The following rules are applicable for prospective adoptive parents looking to adopt children in India:
- They should be physically, mentally, emotionally, financially capable and motivated to adopt a child.
- A single female is eligible to adopt a male or a female child.
- A single male is not eligible to adopt a female child.
- In the case of a couple adopting, the consent of both partners is necessary, in addition to completing at least two years of a stable marital relationship.
- Couples with more than four children are ineligible for adoption, except for children with special needs.
- The minimum age difference between a child and either of the prospective adoptive parents must be more than or equal to 25 years. In India, an adoption is legal only if it duly authorised by the SAAs, recognised by the State Governments or other authorised agencies only.
PROCEDURE FOR ADOPTION IN INDIA
- Prospective parents should register themselves with the Child Adoption Resource Information and Guidance System (CARINGS) of CARA.
- Then, the SSA, after conducting a home study, uploads the Home Study Report (HSR) of the prospective adoptive parents on CARINGS.
- The suitability of the parents are determined and the unsuitable parents are rejected.
- The prospective adoptive parents can reserve up to six children for adoption.
- Within a stipulated time, the prospective adoptive parents must visit the adoption agency to finalise the child. If they do not finalise within the period, they lose their
position on the seniority list (waiting list). - Once the child is finalised, the SAA completes the referral and adoption process on CARINGS.
- Then the parents take in the child for pre-adoption foster care and the SAA files the petition in the court.
- A child is deemed to be adopted when the concerned court which has the jurisdiction, grants permission to the guardians to take the child in adoption. The permission of the court is mandatory in all adoption matters.
- Then the court issues the adoption order.
- Post-adoption follow-up reports are conducted for a period of two years.
Through numerous laws, regulations, guidelines and monitoring agencies, adoption is made easy in India. These laws also prevent the abuse of adopted children through active follow-ups for their welfare. Adoption laws are children centric and always place the well-being of a child as their highest priority.