Are you considering adopting a child?

Here are some of the basic rules you

need to know about this process.

Who is allowed to adopt a child?

In India, an Indian, Non Resident Indian (NRI), or a foreign citizen may adopt a child.
There are specific guidelines and documentation for each group of prospective
adoptive parents. A single female or a married couple can adopt a child. In India, a
single male is usually not eligible to be an adoptive parent. An exception to this rule
is the noted dance instructor Sandip Soparrkar, who has recently adopted a young
boy. This is a special case rather than the norm. A single man desiring to adopt a
child may be eligible if he applies through a registered agency. However, he will still
only be able to adopt a male child.

What are the conditions to be fulfilled by an adoptive parent?

An adoptive parent should be medically fit and financially able to care for a child. A
person wishing to adopt a child must be at least 21 years old. There is no legal upper
age limit for parents but most adoptive agencies set their own benchmarks with
regard to age. For a child who is less than a year old, the adoptive parents can have
a maximum combined age of 90 years. Also, neither parent must be older than 45
years.

In the case of adoption of older children, the age of the parents may be relaxed
accordingly. For example, for a one-year-old child, the age limit is 46 years, for a
two-year-old child, it is 47 years and so on. The upper age limit for an adopted child
is 12 years while for an adoptive parent it is 55 years. In the case of an adopted child
with special needs, the age limit may be relaxed marginally by the state government,
depending on the evaluation of the case. However, in all cases, the age of the parent
cannot exceed 55 years.

What are the laws governing adoption?

Indian citizens who are Hindus, Jains, Sikhs, or Buddhists are allowed to formally
adopt a child. The adoption is under the Hindu Adoption and Maintenance Act of
1956. Under this act, a single parent or married couple are not permitted to adopt
more than one child of the same sex. Foreign citizens, NRIs, and those Indian
nationals who are Muslims, Parsis, Christians or Jews are subject to the Guardian
and Wards Act of 1890. Under this act, the adoptive parent is only the guardian of
the child until she reaches 18 years of age.

Foreign citizens and NRIs are supposed to formally adopt their child according to the
adoption laws and procedures in the country of their residence. This must be carried
out within two years of the individual becoming a child's guardian. There is also a
Juvenile Justice Act of 2000, a part of which deals with adoption of children by non-
Hindu parents. However, this act is applicable only to children who have been
abandoned or abused and not to those children who have been voluntarily put up for
adoption.

Can a parent ask for a specific child?

An adoptive parent is allowed to ask for a child, as per her preferences. For example
a parent may ask for a child of a certain age, gender (if it is the first child in the
family), skin colour, religion, special features, health condition, etc. However, greater
the specifications, more difficult it is to find a child who conforms to them. This
restricts the pool of children available for adoption.

Depending on the adoptive parent's desired details, children are scrutinised to find a
suitable match. When a child with the desired characteristics is found, she is shown
to the prospective parents. In case the parents are unhappy with the selection, about
two more children with the same characteristics may be presented to the parents.

The entire adoption process takes some months to complete. However, when all the
hurdles are cleared, you are ready to welcome your new child to the family.

“There are no unwanted children, just unfound families.”

INTRODUCTION TO CHILD ADOPTION IN

TWENTY FIRST CENTURY
Adoption has always been a sacred act performed by the humans. As per
the Merriam-Webster legal dictionary legal adoption means “to take
voluntarily (a child of other parents) as one’s own child especially in
compliance with formal legal procedures”.

Adoption can be legal as well as illegal. Under Indian law adoption is legal
coalition between the party willing for adoption and a child, it forms the
subject matter of ‘personal law’where Hindu, Buddhist, Jaina or Sikh by
religion can make a legal adoption. In India there is no separate adoption
laws for Muslims, Christians and Parsis, so they have to approach court
under the Guardians and Wards Act, 1890 for legal adoption.
As we mentioned above that in India only legal adoption is recognised and
valid, so firstly we have to understand that “what is legal adoption”?

According to section 2(aa) of the Juvenile Justice (Care and Protection of

Children) Amendment Act, 2006, “adoption means the process through which
the adopted child is permanently separated from his biological parent and
becomes the legitimate child of his adoptive parents with all right, privileges
and responsibility that are attached to the relationship”.

WHO IS ALLOWED TO ADOPT A CHILD IN

INDIA?
In India, an Indian whether he is married or single, Non-Resident Indian
(NRI), or a person belonging to any nationality (foreigner) may adopt a child.
The guidelines and documentation process for each group of adoptive
parents may differ.

WHO IS ELIGIBLE TO ADOPT A CHILD IN INDIA?

Under THE HINDU ADOPTIONS AND MAINTENANCE ACT,

1956 following category of people can make adoptions:

 “Any male Hindu (including Buddhist, Jain or Sikh by religion) who is of sound
mind, not a minor and is eligible to adopt a son or a daughter”. But if such
male has living spouse at a time of adoption then he can adopt a child only
with a consent of his wife (unless she has been declared incompetent to give
her consent by the court).
 “Any female Hindu (including Buddhist, Jaina or Sikh by religion) who is not
married, or if married, whose husband is not alive or her marriage has been
dissolved or her husband has been declared incompetent by the court has the
capacity to take a son or daughter in adoption”.
Conditions for adoption by Hindu couples or
single parent
1. “In case of adoption of a son by any Hindu male or female, there should not
be any living son in the succeeding three generation of the party (whether by
legitimate blood relationship or by adoption) at the time of adoption.
2. In case of adoption of a daughter by any Hindu male or female, they should
not have any daughter or son’s daughter at the time of adoption.
3. Where there is an adoption of a daughter by a male then the adoptive father
should be at least twenty-one years older than the child.
4. Where there is an adoption of a son by a female than the adoptive mother
should be at least twenty-one years older than the child”.

Personal laws of Muslim, Christian, Parsis and Jews do not recognise

complete adoption so if a person belonging to such religion has a desire to
adopt a child can take the guardianship of a child under section 8 of
the Guardians and Wards Act, 1890.

This statute only makes a child a ward, not an adoptive child. According to
this statute, the movement child turns to the age of 21, he is no longer
consider as a ward and treated as individual identity.

In “Mohammed Allahadad Khan v. Muhammad Ismail” it was held that

there is nothing in the Mohammedan Law similar to adoption as recognized in
the Hindu System. Acknowledgement of paternity under Muslim Law is the
nearest approach to adoption.

However, an adoption can take place from an orphanage by obtaining

permission from the court under Guardians and Wards Act. Christians can
take a child in adoption under the Guardians and Wards Act, 1890 only
under foster care. Once a child under foster care becomes major, he is free
to break away all his connections from his adoptive parents.
Intercountry adoption: In India, there is no separate act that governs
adoption by foreign citizens or NRIs but it is covered under Guidelines
Governing Adoption of Children, 2015. Under these guidelines misuse or
illegal use of the children through adoption is prevented. As per the Supreme
Court Guidelines for intercountry adoption a foreign parent can adopt an
Indian child before he/she completes the age of 3 years. In the absence of
any concrete Act on intercountry adoption, the provisions of Guardians and
Wards Act, 1890 will be followed for adoption.

In case of adoption of abandoned, abused and surrendered children all

intercountry adoptions shall be done only as per the provisions THE
JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 and
the adoption regulations framed by the Authority.

Guardians and Wards Act, 1890 remains silent about the adoption of
orphans, abandoned and surrendered children. Chapter VIII of the Juvenile
Justice (Care and Protection of Children) Act, 2015 deals with adoption in
such category of the child. Section 58 of this Act defines that any Indian
citizen of India, irrespective of their religion, if interested to adopt an orphan
or abandoned or surrendered child, may apply for the same to a Specialised
Adoption Agency, in the manner as provided in the adoption regulations
framed by the Authority.

Section 57 of this Act deals with Eligibility of prospective adoptive parents. As

per this Section, the adoptive parents should be physically fit, financially
sound, mentally alert and highly motivated to adopt a child for providing a
good upbringing to him and both partners must consent for the adoption. A
single or divorced person can also adopt in accordance with the provisions of
adoption regulations framed by the Authority but a single male is not allowed
to adopt a girl child.

WHO CAN BE ADOPTED?

As per the Hindu law following child may be adopted namely-

 The child can either be a girl or a boy if he/she is a Hindu.

  He/ She has not been adopted before.
 The age of the child is below 15 years.
 The child should not be married.

As per the Guardianship law and The Juvenile Justice (Care and protection of
children) ACT, 2015 following child may be adopted namely-

 Who is not a Hindu?

 Who is minor (not completed the age of 18 years).
 An orphan or abandoned or surrendered child.

WHAT ARE THE NECESSARY PROCEDURE FOR A VALID

ADOPTION?

 Under The Hindu Adoption and Maintenance Act, 1956 the party willing for
adoption can make application to Child Welfare Agency. Registration can be
done either an Adoption Coordinating Agency (ACA) found in each state’s
capital city, or an agency certified by the Central Adoption Resource
Authority (CARA) in New Delhi.
 After this, the agency conducts a preliminary interview with the adopting
couple in order to understand their intention and motivation behind adoption.
 Once the party decides which child are they going to adopt they file the
petition at the court of apt jurisdiction, where court hearing takes place
regarding adoption (the court is required to dispose the adoption case within 2
months).
 Once the Court issues the decree, the adoption is finalized.

Under The Guardianship and Wards Act, 1890 the party seeking
guardianship has to file application to the Court where they provide complete
information on them, reasons behind to become guardian of a child and other
information asked in the application. After admitting the application, the
court will set the date of hearing where it will hear and view evidence,
requirements and considering the interests of a minor, then court will decide
whether the guardianship of a minor should be given to such party or not.
There is a directive that adoption proceedings have to be completed within
two hearings, and the petition has to be disposed of within two months of the
filing of the petition. The certified copy of the order has to be obtained by the
agency within 10 days. The agency must also obtain the birth certificate of
the child, with the names of the adoptive parents.

OTHER ASPECT OF ADOPTION

 HOW MUCH TIME DOES THE ENTIRE PROCESS TAKE?

Adopting a child in India is a long process. Earlier, parents who wished to

adopt would go to the nearest agency and register. The agency would match
preferences of the couple with the children available. The match may or may
not happen, and would take months, even years. Now, all adoption agencies
have to upload details and the Central Adoption Resource Authority (CARA)
software will match preferences across the country. This has lessened the
duration of an adoption.

 WHAT WILL BE THE AGE OF THE BABY I CAN ADOPT? WHAT

IS THE MOST COMMON RANGE?

1. Under Hindu Adoption and Maintenance Act,1956 a child who has completed
the the age of fifteen years shall not be given in adoption unless there is a
custom or usage applicable to the parties who is willing to make an adoption
which permits them to adopt a child above the age of fifteen years.
2. Under The Guardians and Wards Act any child who had not completed 18
years of age can be adopted.
  CAN I SPECIFY THE GENDER AND THE AGE OF KID I WANT TO
ADOPT?

An adoptive parent is allowed to ask for a child, as per their preferences. For
example a parent may ask for a child of a certain age, gender (if it is the first
child in the family), skin colour, religion, special features, health condition,
etc. However, greater the specifications, more difficult it is to find a child who
conforms to them.

 WILL I BE GIVEN MANY OPTIONS TO CHOOSE FROM?

Since India has an overpopulation problem, with so many unwanted children,

there are various options for the adoptive parents. Depending on the
adoptive parent’s desired details, children are scrutinised to find a suitable
match. When a child with the desired characteristics is found, she is shown to
the prospective parents. In case the parents are unhappy with the selection,
about two more children with the same characteristics may be presented to
the parents.

 CAN A PERSON ADOPT A CHILD IF HE ALREADY HAS A CHILD?

Yes. The gender of the child becomes a factor here. The Hindu Adoption and
Maintenance Act, 1956 (HAMA, under which Hindus, Jains, Sikhs, Buddhists
and Arya Samaj adopt) allows only to adopt a child of the opposite gender to
the adoptive parent which they already have. There is no such problem
under the other 2 adoption laws, namely the Guardians and Wards Act, 1890
and the Juvenile Justice Act, 2015 which has enabled many Indians to adopt
a child of the same gender.

 IS THERE A MINIMUM INCOME NEEDED FOR ADOPTING A CHILD?

As per CARA, couples must have a minimum average monthly income of Rs.
3000. Lower income may be considered considering other assets and support
systems e.g. one’s own house etc.

CONCLUSION
An adoption is a pious act so it should be performed by the people at a large
scale because India is a country where there is too much population and
there is a huge number of unwanted children.

In the past few years, agencies and adoptive parents have noted a growing
preference for the girl child over boys in India’s adoption system. Adoption is
one of the ways to control and prevent female foeticide and infanticide
problem raging in India. And what could be better to give a good and
standard life to a child who really need it.