ADOPTION

Adoption is a legal process

by which a child is placed
with a married couple or a
single female who agree to
raise her as their own child
and assume all
responsibility for her.
LAWS GOVERNING ADOPTION

 Hindu Adoption and Maintenance Act of

1956 (Hindus, Jain, Sikhs or Buddhists)
 Guardian and Wards Act of 1890 (Foreign
citizens, NRIs and Indian nationals who are
Muslims, Christians or Jews)
 Juvenile Justice Act of 2000 (a part of
which deals with Adoption of children by non-
Hindu parents)
 REQUIREMENTS FOR A VALID
ADOPTION

No adoption is valid unless

 The person adopting is lawfully capable of taking in

adoption.
 The person giving in adoption is lawfully capable of
giving in adoption.
 The person adopted is lawfully capable of being taken
in adoption.
 The adoption is completed by an actual giving and
taking and after the ceremony called Datta Homan
(oblation to the fire) has been performed. However this
may not be essential in all cases as to the validity of
adoption.
 WHO MAY ADOPT A
CHILD?

 An Indian
 Non Resident Indian
 A foreign citizen

A single female (unmarried,

widowed or divorced) or a
married couple
CAPACITY TO GIVE THE CHILD FOR
ADOPTION

 Father or mother or guardian of the child.

 The father alone if mother has completely and finally
renounced the world or has ceased to be a Hindu, or has
been declared by a court of competent jurisdiction to be of
unsound mind.
 The mother may give the child in adoption if the father is
dead or has completely and finally renounced the world or
has ceased to be a Hindu, or has been declared by a court
of competent jurisdiction to be of unsound mind.
 Where both the father and mother are dead or have
completely and finally renounced the world or have abandoned
the child or have been declared by a court of competent
jurisdiction to be of unsound mind or where the parentage of
the child is unknown - the guardian of the child may give the
child in adoption with the previous permission of the court.
 CONDITIONS TO BE FULFILLED BY
AN ADOPTIVE PARENT

 Medically fit and financially able to care for a child

 Must be at least 21 years old
 No legal upper age limit for parents
 Adoption of the older children, age of the parents may
be relaxed
 Adopted child with special needs, the age limit may be
relaxed
 If the adoption is of a son, the adoptive father or
mother by whom the adoption is made must not have a
son living at the time of adoption.
 If the adoption is of a daughter, the adoptive father
or mother by whom the adoption is made must not have
a daughter living at the time of adoption.
 HINDU ADOPTION AND
MAINTENANCE ACT
OF 1956
 An adoptive parent is allowed
to ask for a child, as per her
preferences (age, gender, skin
colour, religion, specific features
and health condition)
 A single parent or married
couples are not permitted to
adopt more than one child of
the same sex.
 PROCESS OF ADOPTION

STEP 1: REGISTRAION

 Register in a genuine adoption coordinating agency

 Never register with multiple agencies
 Central & State Governments have recognized adoption agencies in most
of the state
 Prepare the documentation, submit the same to the agency and get
registered.

STEP 2: HOME STUDY AND COUNSELING

 Home Study at the couple’s residence

 Assess the couple’s parenting abilities - applicant’s motivations,
preparations, strengths and weaknesses on the issue of Adoption
 This step is formulated into a report and is submitted to the honorable
court.
 PROCESS OF ADOPTION

STEP 3: REFERRAL OF THE CHILD

 The agency will show medical file, Physical Examination

Report and other relevant information of the child.
 Once the couple is comfortable about the details given
about the child, the agency will show the child physically.
 The couple can spend time with the child.
 Once comfortable - future formalities

STEP 4: ACCEPTANCE OF THE CHILD

 Once the couple identifies the child, they can sign the
documents pertaining to the acceptance of the child
 PROCESS OF ADOPTION

STEP 5: FILING OF PETITION

 Documentations made by the couple to the agency and the child’s

documents are sent to the lawyer for preparation of the petition
 Once the petition is ready the couple will be called at the court
and sign the same in presence of the court officer.

STEP 6: COURT HEARING

 The couple should attend the court hearing along with the child
(not an open court)
 The Judge may ask simple questions. If satisfied will pass the
order and will also mention the amount to be invested in the
child’s name.
 PROCESS OF ADOPTION

STEP 7: COURT ORDER

 Once the amount is invested and the receipt is shown to the Judge
the order will be issued.
 If the adoption is under Hindu Adoption and Maintenance Act of
1956, then a Deed of Adoption is prepared and the same needs to
be registered with the local registrar’s office.
 There is no such requirement in adoptions done under Guardian and
Wards Act of 1890 & Juvenile Justice Act of 2000 Acts.

STEP 8: FOLLOW UP
 After the final adoption the agency needs to submit follow up
reports to the court about the child’s well being. (For 1-2 years)
 GUARDIAN AND WARDS ACT
OF 1890
 A foreign national adopts an Indian
child under the provisions of the
Guardian and Wards Act, 1890.
 The adoptive parent is only the
guardian of the child until she reaches
18 years of age.
 An adoptive parent is allowed to ask
for a child, as per her preferences
(age, gender, skin colour, religion, specific
features and health condition)
 Foreign citizens and NRIs supposed to
adopt according to the adoption laws
and procedures in the country of their
residence.
 PROCESS OF ADOPTION

 Register in a Social or Child Welfare Agency licensed or recognized by

the government of the country in which the foreigner resides.
 Agency will appoint a professional social worker to prepare a Home
Study Report.
 Foreign national is required to submit supporting documents along with
his application and declaration of willingness.
 The application will be filed by the Indian welfare agency or a person
duly authorized by them.
 The application for guardianship must be made before the court of the
District Judge within whose jurisdiction the Social and Welfare Child
Agency in India that is processing the application of the foreigner is
located.
 The court will first hear all the concerned parties and examine all the
documents.
 The court must be satisfied that the foreigner will be a suitable
adoptive parent for the child and will provide the child a secure and
loving home.
 If the court is satisfied on all these counts, it will pass an order
PROCESS OF ADOPTION

L.K. Pandey vs. Union of India - The Supreme

Court of India has laid down certain guidelines for
foreign adoption in an attempt to safeguard the
interests of the children.
 Applications made under the Guardians and
Wards Act, 1890 has to be disposed of
within 2 months.
 Requirement for personal presence of the
foreign national.
 JUVENILE JUSTICE
ACT OF 2000

Children who have been

abandoned or abused
and not those children
who have been
voluntarily put up for
adoption.