Legal Guide

Child Adoption In India

by Shalini Vashistha · 3 min read

Adopting a child

Introduction

Many children don’t have parents, and some parents abandon their child if she is a girl child in India, and many parents don’t have a child. Nowadays, Adoption is increasing at a very high rate as people are getting more familiar with the idea of Child Adoption In India, and it’s important we know what Adoption is, which law governs Adoption and what is the eligibility criteria for Adoption. 

What is Child Adoption?

Adoption is a kind of legal procedure in which the individual whether married or unmarried can adopt a child. The biological parents of the child transfer all the rights, privileges, and responsibilities to the adopting parents. The adopted child gets all the privileges after the complete process of Adoption as a natural child of the adopting parents. 

What is the need for Adoption or why do people adopt a child?

  • Beating Infertility

There are many people now who face the issue of infertility, so they can’t have their own children. Hence, they go for Adoption.

  • To help a child in need.

As many children have no parents and guardians, so they have no facilities, and they are even deprived of basic amenities. So to help the child in need, Adoption is done by many people.

  • To prevent problems throughout pregnancy.

There are numerous problems faced by a person during pregnancy. Some people want to avoid those problems and opt for Adoption.

  • To prevent the spread of genetic disorders or illnesses

If there is a genetic disorder or illness in the family, then to avoid passing it to their child, people go for Adoption than giving birth.

  • A concern for the Children

Some people love kids, and they can’t see any child suffering, so out of concern, they adopt a child.

  • To restrain the population’s growth.

As we all know that India’s population is going high, so to restrain the growth of the population people find it more logical to adopt. Basically, they have a thought process that many children don’t have a proper home and family, so instead of bringing a new child into the world, why not raise the needy one as their own?

Laws governing Child Adoption In India

  •  Juvenile Justice (Care and Protection of Children) Act of 2015
  1. In order to replace the Juvenile Justice (Care and Protection of Children) Act of 2000, the Juvenile Justice (Care and Protection of Children) Act of 2015 was passed.
  2.  Every person of India is covered. It enables the Adoption of two identically sexed children. Instead of giving the status of guardians and wards, it gives that of parents and children. The adopted child is also given the same rights as the natural child. 
  3. It gives a comprehensive framework for domestic and international Adoption of orphans, abandoned children, and children who have been turned in. 
  4. The JJ Act of 2015 relates to the Ministry of Women and Child Development. Only after a solid marriage of at least two years may a married couple adopt a kid. 
  5. Additionally, such age-related limits should not be applied when the adopted kid is a relative or the stepchild of the adoptive parents. The age difference between the adoptive parents and the adopted child should be twenty-five years. 
  6. According to JJ Act, a married person whether male or female can adopt the kid with the other spouse’s permission. Even in cases where spouses are divorced, their partner must still agree to the Adoption. 
  7. The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, which was just approved, intends to simplify and tighten child protection laws. It states that Adoption orders must be issued by the District Magistrate rather than the court (including the Additional District Magistrate).

Hindus, Buddhists, Jains, and Sikhs are all covered by the  Hindu Adoption and Maintenance Act 1956 (HAMA). According to this law, Adoption is final and provides the kid full legal standing as a natural child born into the family. It also gives the child the right to inherit the family’s property. HAMA, 1956 is under the purview of the Ministry of Law and Justice.

Who can adopt a child in India?

  • Under The Juvenile Justice (Care and Protection of Children) Act,  2015

The JJ Act permits a single parent or even a couple to adopt a child who has been abandoned, orphaned, or turned over. The following requirements are listed in the Adoption regulation for potential adoptive parents:

  1. Parents must be majors, stable in their physical, mental, and emotional well-being, financially able, and free from any conditions that pose a serious risk to their lives. 
  2. No matter their marital status or if they have biological children, anybody can adopt as long as they meet the requirements. 
  3. If a married couple wants to adopt a child, both of their consents are necessary.
  4. A woman by herself may adopt a child of any gender. 
  5. Male singles are not permitted to adopt female children. 

No couple may receive a child for Adoption unless they have been married for at least two years.

  • The  Hindu Adoption and Maintenance Act,1956 (HAMA)

In accordance with HAMA:

A Hindu guy who wants to adopt must meet the requirements listed in Section 7:

  1. He should not be minor but major.
  2. He must be mentally stable.
  3. The wife’s consent must be obtained unless
  • She is deceased or
  • She no longer identifies as Hindu,
  • She has finally and fully abandoned the world.
  • She has been deemed mentally unfit by a court with authority.
  • It is necessary to obtain the approval of each wife if the person has more than one.

These  requirements must be met in order for the Section 8 provision allowing Hindu women to adopt to be valid:

  1. Obviously, a major.
  2. She must be mentally sound.
  3. She is single, other from.
  4. Her union has been annulled.
  5. Her spouse passed away.
  6. Her spouse has finally and utterly given up on the world.
  7. Her spouse no longer practices Hinduism.
  8. A competent court has deemed her spouse to be mentally ill.

Who can be adopted?

According to the Adoption rules, the following young children may be adopted:

  • If the kid has been certified legally available for Adoption by the Child Welfare Committee due to being an orphan, abandoned, or surrendered child, then he can be adopted.
  • Is a relative’s child.
  • The biological parent(s) of the spouse’s children from a previous marriage gave them up for Adoption by the stepparent.

Procedure for Adoption

  • Visit POSITIVE ADOPTION-RELATED PARENT(S) (PAPs) Child Protection Unit CARA or District child protection unit.
  • PAPs choose the local, specialized Adoption agency.
  • The Home Study Report (HSR), which was created by a specialized Adoption agency and a social worker, is valid for three years from the report’s release date.
  • The specialized Adoption agency determined the PAPs’ eligibility based on the social worker’s report that was filed and acknowledged as the PAPs.
  • If the PAPs are found to be ineligible, they have 15 days to file an appeal before the judgment is final and binding on the PAPs. and if eligible, PAPs can adopt the child if there are suitable children available.

Conclusion

People are getting now more inclined towards Adoption as they are becoming more comfortable and open towards this concept and even know that Adoption is better than giving birth as homeless children get a good family and parents. According to CARA, the Adoption rate in 2020-2021(April 2020 to March 2021) is 3142 (In- country) and 417 (Inter-country), and in 2021-2022 (April 2021 to March 2022) is 2991 (In- country) and 414 (Inter-country).

Though according to this data, we can clearly see that the Adoption rate still needs to grow more. Our legal system is taking steps to make the child Adoption procedure in India easy so that people get attracted towards Adoption as it is good for our country’s population also and also for parents who can’t have children and children who don’t have parents. For more Adoption or Family Law Advice, consult an expert for online legal advice here.

In India, now Adopting a child is a common and growing practice, so before going for Adoption it is important to understand this concept fully. This blog explains the concept of the Adoption of Children in India. To know more about the same, consult an expert Lawyer here.

Shalini Vashistha

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Shalini Vashistha

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Child Adoption In India

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