Adoption Process of Under The Adoption Laws in India

Adoption Process of Under The Adoption Laws in India

According to research conducted by the Indian Association for the Promotion of Adoption and Child Welfare, the number of single women who wish to adopt is gradually increasing in India, reinforced by the desire to have a family.

The Hindu Adoptions & Maintenance Act of 1956 governs adoption in India for Buddhists, Jains, and Sikhs.

Because Muslims, Parsis, Christians, and Jews do not recognise full adoption, a person of such a religion may seek guardianship of a child under Section 8 of the Guardians & Wards Act 1890. The Juvenile Justice and the CARA Guidelines & Adoption Regulations, 2017, are legislation that enhances the adoption action.

The Capacity of A Male to Adopt A Child in India

Any Hindu male who is not insane & is not a minor is eligible to adopt a son or daughter. However, suppose he has a live wife; in that case, he shall not adopt without her agreement unless his wife has totally and finally forsaken the world, or has ceased to be a Hindu, or has been certified of unsound mind according to a court of competent jurisdiction. If a person has more than 1 wife alive at the time of adoption, the approval of all spouses is required unless one of them is unneeded for any of the reasons stated before.

Who can Adopt?

The following persons can adopt under THE HINDU ADOPTIONS & MAINTENANCE ACT 1956:

"Any Hindu male (including Buddhist, Jain or Sikh by faith) who is of sound mind, not a minor and is entitled to adopt a son or a daughter". However, if such a person has a live spouse at the time of adoption, he can only adopt a kid with his wife's agreement (unless she has been declared incompetent to give her consent by the court).

"Any Hindu female (including Buddhist, Jain, or Sikh by faith) who is not married, or if married, whose husband is not living, or whose marriage has been dissolved, or whose husband has been deemed incapable by the court, has the potential to adopt a son or daughter".

So, according to The Act, if you're a Hindu (which includes Buddhist, Sikh, and Jain) of sound mind and have reached the age of majority, you can adopt a kid, but if you have a live spouse at the time of adoption, you'll need the spouse's approval.

Who can be Adopted?

Section 4 of the most recent rules issued by the Central Government in 2015 states that any orphan, abandoned, or surrendered child who has been lawfully certified free for adoption by the Child Welfare Committee is eligible for adoption.

An orphan is a kid who does not have legal parents or guardians or whose parents are incapable of caring for him.

An abandoned child has been abandoned by his parents or guardians and proclaimed such by the Child Welfare Committee.

A surrendered kid is one the Child Welfare Committee has deemed to have been relinquished due to physical, emotional, or social reasons beyond the control of the parent or legal guardian.

The Procedure of Adoption As per The Adoption Laws

The procedure of adoption, as per the Adoption Laws in India, involves the following steps-

Parents who want to adopt must register online or contact their local District Child Protection Officer, who will register the prospective parents online. The application form is also accessible on the CARA website.

Within 30 days of prospective parents' registration, the adoption agency generates a Home Study report explaining the many variables and compliances of the family.

The responsible agency enters the home study report into the database.

The parents are free to select their future child based on their likes and choices.

They are shown images of the youngster and their study reports and medical examination records for up to six children.

The adoptive parents can reserve one kid for possible adoption within 48 hours, while the remaining children are released to other prospective parents.

The adoption agency will next schedule a meeting with the potential adoptive parents to see whether or not they are acceptable parents for the kid. Parents should also be permitted to meet with their children.

The complete matching procedure should take at most 15 days.

Prospective adoptive parents should sign the Kid Study Report in the presence of a social worker as a witness when receiving the child.

If the parent or kid is not compatible, the process is repeated to restart the matching operation.

The Adoption Laws for Muslims

The Islamic term for what is often referred to as adoption is kafala. Instead of a parent, a guardian/ward role is acted out. This connection has its own set of rules. These adoption laws in India primarily protect the family line's integrity. Adoption is in no way forbidden. However, it is illegal to credit one's adopted kid to oneself as though they are biologically related. This is because Islam aims to protect biological lineage rather than complicate lineage.

The Adoption Laws for Christians and Parsis

Because the personal laws of Christians and Parsis do not recognise the adoption, adoption from an orphanage is done by seeking approval from the judiciary, i.e. by the courts under The Guardians and Wards Statute, as Christians do not have an adoption act.

Because adoption is the legal relationship of a child so adopted, it falls under the personal law of the parents who wish to adopt. As Christians do not have adoption laws, they must go to court under the Guardians and Wards Act of 1890. Christians can only accept a kid through the Foster or Child Care Act. When a kid in foster care reaches the age of majority, he is free to leave all his relationships.

In India, no adoption law governs adoption among Christians. Foster children are not considered children without a formal or customary adoption recognised by the courts.

Single Parent Adopting Child

Adoption, as defined by The Juvenile Justice Act, is "the procedure by which the adopted kid is permanently separated from his biological parents & becomes the legitimate child of his/her adoptive parents with all the rights, benefits, and obligations that come with the connection."

The Central Adoption Resource Agency (CARA) Guideline, 2015, released by the Ministry of Women & Child Development with assistance from Ms. Maneka Gandhi, is the most exciting advancement. The rules governing child adoption enable a single female to adopt a kid of any gender. In addition, the age restriction for single-parent adoption has been reduced from 30 to 25.

Adoption Laws for a Male under The Juvenile Justice Act

A single guy cannot legally adopt a girl kid under the Juvenile Justice Act. The following is the relevant section of The Act:

(1) Prospective adoptive parents must be physically fit, financially secure, intellectually aware, and highly motivated to adopt a kid to provide him with a proper upbringing.

(2) Adoption requires the approval of both spouses in the event of a couple.

(3) A single or divorced individual may also adopt, subject to meeting the criteria and following the terms of the Authority's adoption laws.

(4) A single guy cannot adopt a female kid.

(5) Any additional criterion stipulated in the adoption regulations drafted by the authority.

Conclusion

Adopting a child is a great cause, and I feel that religious, caste and other restrictions should not overshadow such a wonderful gesture. A couple who wants to raise a child but cannot do so because of a biological deformity or a single parent who wants to adopt a baby but is denied adoption because he is not married is not a good enough reason; therefore, I believe the right to adoption should be included in the Fundamental Rights of The Indian Constitution. For any kind of legal services, contact Online Legal India.