Professional Documents
Culture Documents
Adoption
Adoption
INTRODUCTION
Child adoption is seen as an increasing trend in India and across the world. Most adoptions
are either because the parents are not able to have their own kids or because they want to
support and give a new lease of life to a child who has been left alone in the world. Earlier
considered a taboo in India, adoption is now considered and spoken freely in the Indian
society. In India, as across many other countries of the World, there are rules and regulations
which govern the adoption of a child.
DEFINITION
Adoption is the process through which a child becomes the lawful child of his adoptive
parents with all the rights, privileges and responsibility of a biological child.
A juridical act creating between two person certain relations, purely civil, of paternity and
affiliation.
1. the person adopting has the capacity and also the right to take in adoption;
the adoption made in compliance with the other conditions mentioned in the Act.
Age:
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Adoptive parents usually need to be above a certain age, often ranging from 18 to 21 years
old. There may also be upper age limits, although these can be flexible in some cases.
Marital Status:
Single individuals, married couples, and sometimes unmarried couples may be eligible to
adopt. Some jurisdictions also allow LGBTQ+ individuals and couples to adopt.
Financial Stability:
Prospective adoptive parents are usually required to demonstrate financial stability to provide
for the child's needs.
Good physical and mental health is generally important, as is a lifestyle that can
accommodate the needs of a child.
Background Checks:
Adoptive parents typically undergo background checks, including criminal history and child
abuse clearances.
Home Study:
Many adoption processes involve a home study, where a social worker evaluates the
prospective adoptive parents' home and suitability to care for a child.
Some agencies or jurisdictions may require adoptive parents to attend parenting classes or
provide evidence of parenting
1. If the adoption is by a male and the person to be adopted is a female, the adoptive father is
at least twenty-one years older than the person to be adopted;
2. If the adoption is by a female and the person to be adopted is a male, the adoptive mother
is at least twenty-one years older than the person to be adopted;
3. The same child may not be adopted simultaneously by two or more persons;
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4. The child to be adopted must be actually given and taken in adoption by the parents or
guardian concerned or under their authority with intent to transfer the child from the family
of its birth or
5. In the case of an abandoned child or a child whose parentage is not known, from the place
or family where it has been brought up to the family of its adoption.
ADOPTION BY MEN
Section 7 of the Hindu Adoption and Maintenance Act, 1956 states that any Hindu male who
is major, is of sound mind, is eligible to adopt a child. If he is married then the free consent of
the wife is also needed for adoption. But if the wife has renounced the world or ceased to be
Hindu or a court of competent jurisdiction declared that she is of unsound mind, then no
consent is needed.
Also if the person has more than one living wife at the time of adoption, then consent of all
the wifes is necessary for adoption. Thus adoption without the consent of wife is void. The
adoption conducted during wife's pregnancy is valid.
Such adoption will not be affected by subsequent birth of a male or female child and both
biological and adopted child will have equal rights over property .
ADOPTION BY WOMEN
Section 8 of the Hindu Adoption and Maintenance Act, 1956 states that any female
Hindu who is major, is of sound mind, who is not married is eligible to adopt a child.
If she is married then consent of the husband is needed. Earlier if the female Hindu
was married she cannot adopt even with the permission of husband, later this was
amended.
But if the marriage is dissolved or if her husband is dead or has renounced the world
or has ceased to be a Hindu or a court of competent jurisdiction has declared that he is
of unsound mind, then no consent is needed. Subsequent marriage of the adoptive
female Hindu cannot invalidate the adoption
The adoption by a divorced wife and widow is also recognized by the Hindu Adoption
and Maintenance Act, 1956. After divorces the status of women become independent
her position will be like that of an unmarried female.
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A widow can adopt a child for herself and after adoption she will become the adoptive
mother of the child. A son adopted by a Hindu widow would be deemed to be the son
of her late husband also
A father will have the right to give in adoption with the consent of the mother. But if the
mother is dead or completely and finally renounced the world or has ceased to be a Hindu or
has been declared by a court of competent jurisdiction that she is of unsound mind, and then
no consent is needed.
A mother will have the right to give in adoption with the consent of the father. But if the
father is dead or completely and finally renounced the world or has ceased to be a Hindu or
has been declared by a court of competent jurisdiction that he is of unsound mind, then no
consent is needed.
TYPES OF ADOPTION
1. OPEN ADOPTION:-
In an open adoption, the adopted child can access the records relating to her adoption.
Access is generally granted when the child reaches adult age-18 years in most
countries. In an open adoption, the birth mother can also have access to the child,
even after adoption. She is allowed to visit the child, communicate with her, etc.
However, this depends on both the parties. Another feature of an open adoption is that
the mother may meet prospective adoptive parents and decide which couple should
adopt her baby.
• Medical information available to the adopted child, which is very important to assess some
genetic disorders and other medical purposes.
• The adoptee has access to his birth parents, in case he wishes to find the need to know why
they took such a decision.
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• The adoptee has an extended family and more people who love and support him.
ADVANTAGES:
Adoptive parents have access to the medical records and other information of the birth
parents.
This kind of adoption helps you maintain your privacy.
Birthing parents have the information on how their child is taken care of.
Adoptees may contact the birthing parents in future.
DISADVANTAGES:
• A semi-open adoption may become closed adoption in case the adoption agency goes out of
business or stops functioning.
• The communication may stop if either of the party loses contact with the agency.
3.CLOSED ADOPTION:
Closed adoption refers to an adoption process where there is absolutely no contact between
the mother and the adoptive parents, neither before nor after the adoption. A closed adoption
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can occur by choice or according to the adoption laws in the country. Most closed adoptions
permit the sharing of relevant information such as medical records.
ADVANTAGE:
DISADVANTAGES:
The child on knowing that he is adopted may become obsessed with finding birth
parents in case of a closed adoption.
There may be limited medical information available.
The adoptee may face an identity crisis.
Adoption can be undertaken even within a family. Intra-family adoption commonly refers to
a child being legally adopted by a step-parent, after the biological parent has remarried. An
intra- family adoption may also occur when the child's parents die or are incapable of caring
for the child. At this stage, an eligible family member may step in and offer to adopt the
child. The advantage of an intra-family adoption is that the child is not completely uprooted
from her culture and surroundings. This is especially important for older children.
ADVANTAGES:-
DISADVANTAGE:
The change in relation to the adoptive parents may confuse the child (in case the child
is old enough).
The time to contact and visitation are usually decided by the adoptive parents.
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5. DOMESTIC ADOPTION:
A domestic adoption refers to an adoption involving a mother and adoptive parents who are
citizens of the same country. This type of adoption may also be referred to as intra-country
adoption. In this process, a couple wishing to adopt a child will register themselves with a
government-recognized agency. After registration, their personal details will be checked, and
the investigating officer will certify if they are eligible to adopt a child.
ADVANTAGES:-
DISADVANTAGES:-
There may not be enough information on the medical history of the birth parents.
The rules are very strict, and the eligibility criteria of adoptive parents are very strict.
The mother may refuse the adoption, which may amount to termination of adoption.
6. INTERNATIONAL ADOPTION:-
As the name implies international adoption refers to placing a child with an adoptive family
who are citizens of another country. Not all countries permit international adoption. Countries
that do allow this type of adoption have very strict rules and regulations governing the
adoption. In India, for example, domestic adoption is given first priority. In the case of an
international adoption, non-resident Indians (NRIs) or persons of Indian origin (PIOs) are
preferred to foreign nationals. The adoption process for an international or inter-country
adoption also takes longer time than that for a domestic adoption
ADVANTAGES:
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International adoption may usually happen with orphaned children and thus birth
parents may not be involved.
There are a wide variety of children to choose from in terms of sex, race, health, and
age.
There is no interference of birth parents.
Once the home approval is received, it increases the chances of adoption
tremendously.
DISADVANTAGES:
• This type of adoption is expensive as the adoptive parents are required to travel to foreign
lands.
• If the child is a bit older, he may take considerable time to adjust to a new setting, new
country, and new ways of life.
CARA:
As mentioned, CARA oversees the adoption process in India. It functions as the central
authority for adoption and is responsible for maintaining a national database of children
available for adoption and prospective adoptive parents.
ELIGIBILITY CRITERIA:
CARA has set eligibility criteria for prospective adoptive parents, including age, marital
status, health, financial stability, and other factors, as previously mentioned.
TYPES OF ADOPTION:
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In India, there are three types of adoption recognized: domestic adoption (within India),
inter-country adoption (between India and other countries), and relative adoption (adoption
by a relative of the child).
ADOPTION PROCEDURES:
The adoption process involves several steps, including registration with CARA, home study,
preparation of a dossier, child referral, pre-adoption foster care, court proceedings, and
issuance of the adoption order. The process may vary slightly depending on the type of
adoption.
POST-ADOPTION FOLLOW-UP:
CARA mandates post-adoption follow-up to ensure the well-being of the adopted child and to
provide support to the adoptive family. Follow-up visits and reports are required at regular
intervals for a few years after the adoption.
Indian adoption laws strictly prohibit the sale, purchase, or trafficking of children for
adoption. Any violation of these laws is considered a criminal offense.
Adoption laws in India emphasize the confidentiality and privacy of the adoption process,
protecting the identities of both the birth parents and the adoptive parents.
AGE:
The minimum age requirement for adoptive parents is 25 years and the maximum age limit
varies based on the age of the child being adopted.
MARITAL STATUS:
Married couples or single individuals can adopt, though there are certain restrictions for
single men adopting girls.
HEALTH:
FINANCIAL STABILITY:
Applicants should have a stable income to provide for the child's needs.No Biological Child:
If the couple already has biological children, they may still be eligible to adopt, but the age
gap between the youngest biological child and the adopted child should be at least 1 year.
NO CRIMINAL RECORD:
HEALTHY LIFESTYLE:
OTHER FACTORS:
CARA may also consider factors such as the number of children already in the family, their
ages, and the couple's ability to care for an adopted child.
ELIGIBILITY OF CHILD
The eligibility of a child for adoption is determined by various factors to ensure their well-
being and suitability for placement in a loving and stable family environment. Here are some
key considerations regarding the eligibility of a child for adoption:
1)LEGAL STATUS:
The child must be legally available for adoption, which typically means that their biological
parents' rights have been terminated or voluntarily relinquished according to the laws of the
relevant jurisdiction.
2) AGE:
Children of various ages may be eligible for adoption, from infants to older children.
The age range may vary depending on the preferences of the prospective adoptive
parents and the regulations of the adoption agency or authority
3) HEALTH AND DEVELOPMENT:
The child's physical health, mental well-being, and developmental status are important
factors in determining eligibility for adoption. Children with medical conditions or special
needs may be eligible for adoption, and prospective adoptive parents may receive detailed
information about the child's health status and any necessary medical care.
4) SIBLING GROUPS:
Sibling groups are often prioritized for adoption together to maintain familial bonds. This
ensures that siblings can grow up together and support each other in a family environment.
5) SPECIAL NEEDS:
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Children with special needs, including physical, developmental, or medical conditions, are
eligible for adoption. Prospective adoptive parents may receive training, support, and
resources to care for children with special needs.
6) CULTURAL CONSIDERATIONS:
Efforts are made to match children with prospective adoptive families who can provide a
culturally appropriate upbringing, especially in cases of transracial or transcultural adoption.
The primary consideration in the adoption process is the best interest of the child. Adoption
decisions are made with the child's safety, stability, and overall well-being as the top priority.
Before a child can be placed for adoption, all necessary legal procedures must be followed,
including obtaining consent from the child's biological parents or legal guardians, if
applicable, and complying with the regulations of the adoption agency or authority.
9) POST-ADOPTION SUPPORT:
After placement, adoptive families may receive post-adoption support and services to help
ensure a successful transition and adjustment for both the child and the adoptive parents.
The prospective parents cannot ask for the adoption of a specific child, hence if they are only
looking for newborn baby adoption however it may not completely be possible. However,
they can give their preferences, which may include:
Age
Gender of the child
Skin colour
Health condition (parents can specify if they want to adopt a child with a physical or
mental disability)
Religion
In cases where preferences are specified, it may take more time to match a child of their
choice as the conditions will reduce the pool of kids available for adoption.
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APPLICATION FORMS:
These forms are typically provided by the adoption agency or authority and require basic
information about the prospective adoptive parents.
IDENTIFICATION DOCUMENTS:
This may include copies of passports, driver's licenses, or other government-issued IDs for all
prospective adoptive parents.
PROOF OF INCOME:
Documents such as pay stubs, tax returns, or employment verification letters may be required
to demonstrate financial stability.
BACKGROUND CHECKS:
Prospective adoptive parents may need to undergo criminal background checks and/or child
abuse clearances.
MEDICAL REPORTS:
This report involves an assessment of the prospective adoptive parents' home environment,
including interviews and home visits by a social worker or adoption agency representative.
REFERENCES:
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Letters of reference from employers, friends, or family members may be required to vouch
for the character and suitability of the prospective adoptive parents.
If the prospective adoptive parents are married or in a domestic partnership, proof of the
relationship may be required.
This document outlines the legal responsibilities and obligations of both the adoptive parents
and the adoption agency or authority.
ADOPTION PROCEDURE
The procedure for adoption of a child in India can be understood by in the following steps:
Step 1- Registration
Prospective adoptive parents need to get registered with an authorized agency. Recognised
Indian Placement Agencies (RIPA) and Special Adoption Agency (SPA) are the agencies
which are allowed to make such registrations in India. The prospective adoptive parents can
visit the Adoption Coordination Agency in their area where the social worker will explain the
process and take then through the formalities, paperwork and general preparation required for
registration.
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A social worker for the registration agency will make a visit to the home of the prospective
adoptive parent in order to do a home study. The agency might also need the parents to attend
counselling sessions in order to understand the motivation, preparation, strengths and
weaknesses of the prospective parents. As per CARA regulation, the home study needs to be
completed within 3 months from the date of registration. The conclusion from the home study
and counselling sessions is then reported to the honourable court.
The agency shall intimate the interested couple when-ever there is a child ready for adoption.
The agency will share medical reports, physical examination reports and other relevant
information with the couple and also allow them to spend time with the child once they are
comfortable with the details shared.
Once the parents are comfortable with a child, they will have to sign a few documents
pertaining to acceptance of the child.
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All necessary documents are submitted to a lawyer who prepares a petition to be presented to
the court. Once the petition is ready, the adoptive parents will have to visit the court and sign
the petition in front of the court officer.
Once the petition is signed in the court, the adoptive parents can take the child to a pre-
adoption foster care centre and understand the habits of the child from the nursing staff
before taking the child home.
The parents have to attend a court hearing along with the child. The Isearing is held in a
closed room with a judge. The judge may ask a few questions and will mention the amount
which needs to be invested in the narne of the child.
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Once the receipt of investment made is shown, the judge shall pass the adoption orders.
Post completion of the adoption, the agency needs to submit follow up reports to the court on
the child's well-being. This may continue for 1-2 years Procedure for Intercountry Adoption
The applicants will have to contact or register themselves with an enlisted foreign adoption
agency (EFAA)/Central Authority/ Government Department in their country of which they
are resident, which will then prepare the HSR, and so forth. The validity of the HSR will be
for a period of 2 yr. The HSR report prepared before 2 yr will be updated at referral.
The applicants should obtain the permission of the competent authority for adopting a child
from India.
Where such Central Authorities or Government Departments are not available, the
applications may be sent by an enlisted agency with requisite documents, including
documentary proof that the applicant is permitted to adopt from India.
The adoption application dossier should contain all documents prescribed in Annexure 2 of
guidelines of family adoptions of Indians staying abroad All documents are to be notarized.
The signature of the notary is to be attested either by the Indian Embassy/High Commission
or by the appropriate Government Department of the receiving country. If the documents are
in any language other than English, then the originals must be accompanied by attested
translations.
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A copy of the application of the prospective adoptive parents along with the copies of the
HSR and other documents will have to be forwarded to a RIPA by an EFAA or Central
Authority of that count
On receipt of the documents, the Indian agency will make efforts to match a child who is
legally free for intercountry adoption with the applicant.
In case no suitable match is possible within 3 months, the RIPA will inform the EFAA and
CARA with the reasons therefor.
Before a RIPA proposes to place a child in the intercountry adoption, it must apply to the
ACA for assistance for Indian placement.
The child should be legally free for adoption. The ACA will find a suitable Indian
prospective adoptive parent within 30 d, failing which it will issue a clearance certificate for
intercountry adoption.
The ACA will issue clearance for intercountry adoption within 10 d in case of children above
6 yr of age, siblings or twins and special needs children as per the additional guidelines
issued in this regard.
In case the ACA cannot find a suitable Indian parent/ parents within 30 d, it will be
incumbent upon the ACA to issue a clearance certificate on the 31st day.
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If ACA clearance is not given on the 31st day, the clearance of the ACA will be assumed,
unless the
NRI parent(s) (at least one parent) holding an Indian passport will be exempted from ACA
elearnmee. but they have to follow all other procedures as per the guidelines of the Central
Adoption Resource Agency.
Step IV: Matching the child study report with the home study report of the
foreign prospective adoptive parents (FPAP) by the recognized Indian
placement agency:
After a successful matching, the RIPA will forward the complete dossier as per Annexure 3
to the CARA for issuance of a no-objection certificate (NOC)
The RIPA shall make an application for the CARA NOC in case of foreign/PIO parents only
after the ACA clearance certificate is obtained.
The CARA will issue the NOC within 15 d from the date of receipt of the adoption dossier, if
it is complete in all respect.
If any query or clarification is sought by the CARA, it will be replied to by the RIPA within
10 d.
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No Indian placement agency can file an application in the competent court for intercountry
adoption without an NOC from the CARA.
The RIPA shall make an application for the CARA NOC in case of foreign/PIO parents only
after the ACA clearance certificate is obtained.
The CARA will issue the NOC within 15 d from the date of receipt of the adoption dossier, if
it is complete in all respect.
If any query or clarification is sought by the CARA, it will be replied to by the RIPA within
10 d.
No Indian placement agency can file an application in the competent court for intercountry
adoption without an NOC from the CARA.
On receipt of the NOC from the CARA, the RIPA shall file a petition for
adoption/guardianship in the competent court within 15 day
The competent court may issue an appropriate order for the placement of the child with the
FPAP.
As per the Hon'ble Supreme Court directions, the concerned court may dispose off the case
within 2 months.
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The RIPA has to apply in the Regional Passport Office for obtaining an Indian passport in
favour of the child.
The concerned Regional Passport Officer may issue the passport within 10 d.
The adoptive parent/parents have to come to India and accompany the child back to their
country..
Initial Inquiry:
Prospective adoptive parents reach out to the adoption agency, either by phone, email, or
through their website, to express their interest in adoption and request information about the
agency's services and requirements.
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The adoption agency provides prospective adoptive parents with an orientation session or
educational materials that explain the adoption process, eligibility criteria, legal requirements,
and different types of adoption (e.g., domestic, international, foster care).
Prospective adoptive parents complete an application form and undergo a home study process
conducted by a licensed social worker. The home study includes interviews, background
checks, reference checks, and a home inspection to assess the family's suitability
Adoption Matching:
Once approved, prospective adoptive parents may create a profile or portfolio to share with
expectant parents considering adoption or with adoption agencies facilitating the placement
of children. The adoption agency helps facilitate the matching process based on the
preferences and needs of both birth parents and adoptive parents.
If a match is made, the adoption agency facilitates the placement of the child with the
adoptive family. Depending on the type of adoption and applicable laws, there may be a
waiting period, legal proceedings, and court hearings to finalize the adoption.
After the adoption is finalized, the adoption agency provides ongoing support, resources, and
services to the adoptive family and the adopted child. This may include counseling, support
groups, referrals to community resources, and assistance with navigating post-adoption
challenges.
Pre-Adoption Counseling:
Nurses may provide counseling and support to birth parents who are considering adoption,
helping them explore their options, understand the adoption process, and cope with the
emotional challenges of placing a child for adoption. Nurses can offer information about
adoption agencies, legal considerations, and post-placement support services available to
birth parents.
Nurses educate both birth parents and adoptive parents about the adoption process, including
legal requirements, rights, and responsibilities. They provide information about the types of
adoption (e.g., open, semi-open, closed) and assist families in understanding the potential
implications and benefits of each option.
Nurses assess the physical, emotional, and social needs of birth parents, adoptive parents, and
adopted children to ensure they receive appropriate support and care throughout the adoption
process. They provide emotional support, coping strategies, and referrals to counseling or
support groups as needed.
Nurses advocate for the best interests of the child and facilitate communication and
collaboration among birth parents, adoptive parents, adoption agencies, legal professionals,
and healthcare providers involved in the adoption process. They ensure that all parties have
access to necessary resources and services to support the adoption process.
Nurses may assist in the placement of the adopted child with the adoptive family and provide
post-placement follow-up care to ensure the child's well-being and adjustment to their new
environment. They offer guidance on bonding and attachment, parenting skills,
developmental milestones, and accessing healthcare services for the adopted child.
Nurses support adoptive families in navigating the challenges and joys of adoption, including
adjustment issues, identity formation, and managing relationships with birth families. They
provide resources, referrals, and ongoing support to help adoptive parents build strong,
nurturing relationships with their adopted children.
Nurses play a role in promoting adoption awareness and education within healthcare settings
and communities. They may participate in training programs, workshops, or public awareness
campaigns to reduce stigma surrounding adoption, increase understanding of adoption issues,
and promote positive attitudes towards adoption as a viable option for building families.
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SUMMARY
Adoption offers a unique opportunity for children to find loving and supportive families, birth
parents to make choices that align with their circumstances and values, and adoptive parents
to fulfill their desire to parent. While challenges may arise along the way, the adoption
procedure strives to create a framework that prioritizes the safety, stability, and happiness of
the child above all else.As society continues to evolve, so too does our understanding and
approach to adoption. By promoting adoption awareness, advocating for adoption-friendly
policies, and providing ongoing support and education, we can create a more inclusive and
compassionate adoption process that benefits children, birth parents, and adoptive families
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CONCLUSION
The adoption procedure is a complex and emotionally charged process that involves multiple
steps and considerations for all parties involved. Through careful assessment, counseling, and
coordination, adoption professionals work to ensure the best interests of the child while
supporting birth parents and adoptive families throughout the journey.From the initial
decision-making process for birth parents to the placement of the child with adoptive parents
and beyond, the adoption procedure requires collaboration among adoption agencies, legal
professionals, healthcare providers, and support services. Open communication, empathy, and
cultural sensitivity are essential in facilitating positive outcomes and promoting the well-
being of all individuals involved.
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JOURNAL
2023 May.
Abstract
Objective: The objective of this study was to analyze the concept of adoption.
Methods: The present study was an analysis using a hybrid model in three phases. During the
theoretical phase, using the keyword "adoption," pertinent articles published between 2010
and 2022 were searched. In the field work phase, eight adoptive parents as the participants
were interviewed and the data were analyzed using conventional content analysis method. In
the final analysis phase, a general analysis of the two previous phases was performed and a
final definition was presented.
Results: Adoption is one of the ways of having children that helps infertile couples to
experience parental pleasure. If adoption is done wisely based on the abilities of parents, it
can provide the best care setting for the child's growth leading to the consolidation of the
family and a purposeful life. In adoption, all of the rights and responsibilities of the child are
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transferred from the biological parents to the adoptive parents, which is affected by religious
and cultural beliefs.
Conclusion: The analysis of the concept of adoption provided a good basis for identifying
the various dimensions of adoption and its challenges. The parents need to pay attention to all
dimensions of adoption before selecting this path. It also provided a good platform for future
research in the field of adoption.
JOURNAL
Abstract
Population: Parties in the adoption triad--the infant, the biological parent(s), and the
adoptive parent(s).
Practice implications: Knowledge about state adoption laws, regulations, and resources, as
well as the legal issues surrounding infant adoption, will allow the nurse to take a proactive
role in formulating and providing supportive interventions that assist all parties through the
process.
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