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Today, many Indian women are considering Child Adoption in India. Learn about child adoption procedure in India and the rules to follow.
Today, many Indian women are considering adopting a child in India. Learn how to go about the child adoption procedure in India.
The wish to adopt a child comes purely from the heart. Yet, other aspects such as the financial, legal and procedural to need to be looked at. Children placed for adoption have no one to speak for them, except the adoption laws and procedures framed to protect their best interests. Despite a possibly longer wait, the approved legal route for child adoption in India ultimately guarantees you peace of mind.
Here are some quick facts about domestic adoption procedure in India by Indian nationals. The process of child adoption process in India can seem daunting, but don’t be afraid. In this article, the process and costs for international adoption are not covered.
Disclaimer: Please cross-check all information given below with a lawyer experienced with adoption matters and with your agency, since adoption laws, guidelines, and procedures change periodically. It is also useful to get in touch with a parent who has recently adopted from that particular state or agency.
Adoption laws are common across India and must be distinguished from guidelines followed in adoption procedures, which do differ from one state to another. For an understanding of the laws, please refer to our earlier article on Adoption Rules In India and the listed resources.
While the macro steps in the adoption procedures in India are similar across agencies, there may be chances of more legwork or paperwork than you had initially been informed of. You can adopt from any Indian state, but your home study will be done by the ACA of the state you currently reside in and then can be transferred.
The adoptive parent and child should have an age difference of 21 years or more. Couples with a combined age of less than 90 (with neither spouse older than 45) are eligible to adopt an infant. For older and special needs children, the agency has the discretion to relax the age limit for the prospective parent up to 55 years.
Most agencies prefer couples to have been married for at least 5 years before adopting a child; however, this is again at the discretion of the agency. A single person between age 30 and 45 years can adopt 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 you to only adopt a child of the opposite gender to the one you already have.
There are no such diktats under the other 2 adoption laws, namely the Guardians and Wards Act, 1890 (GAWA) and the Juvenile Justice Act (JJA 2000, amended in 2006), which has enabled many Indians to adopt a child of the same gender. Your child, if old enough, will be asked to express her views on the adoption, in writing.
As per CARA, couples must have a minimum average monthly income of Rs. 3000. Lower income may be considering other assets and support systems e.g. your own house etc.
Under the HAMA, a child adopted by a couple has the same rights as a child born to those parents. Neither the adoptive parents nor the child can overturn a valid adoption. Adoptions under the GAWA only appoint the couple as guardians and the child as ward and do not grant permanent rights to name, religion, maintenance, or inheritance. This necessitates extra precautions to protect the child’s rights.
Certainly! Under the HAMA, a female Hindu who has never married, has divorced or been widowed, can adopt a son or a daughter. She will have to also show an additional family support system and may have to appoint a guardian for her child, in the event of her untimely death. Do read this more detailed article on adoption by single women in India.
Actually, yes! As per CARA, a single parent has equal legal status to adopt a child, and to deny him/her on grounds of single status is not only a violation of his/her legal right, but also his/her constitutional right guaranteed under Article 14 and 15. A single male can adopt only a son.
The HAMA prohibits payments made or demanded in consideration or reward for adoption to the birth parents, agency or relinquishing guardians. These payments amount to trafficking in children, and may result in imprisonment or a fine or both.<
Keep in regular touch with the agency or ACA you registered with. As per CARA, the agency must do the home study within 3 months of the date of registration. You have a right to know from the agency about developments or reasons for delay. As of now, there is no centralized database of waiting parents or children that would help you know your status.
Prospective adoptive parents have the right to take the child shown to them for a general check-up by an independent paediatrician. All CARA-certified agencies run HIV and Hepatitis B tests on the children in their care. Most agencies dissuade invasive tests by prospective parents unless there is a medical indication of a serious health issue.
The agency also must furnish any non-identifying details about the child’s and the birth parents’ medical history, if known. Additionally, the adoptive parents will be given any medical bills and records in the child’s name.
Adoption is a simple, private, legal process that builds happy families. Contrary to popular belief, the adoption procedure in India rarely involves red tape. A little document gathering, some legwork between the agency and Court, and suddenly you will find the child born in your mind and heart, warmly ensconced in your arms. It’s worth the wait!
Before you embark on your journey to parenthood, it is awlays a good idea to read up. Here are some books that will you understand help you navigate the Indian adoption scene.
Recommended reading:
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I'm currently a communications specialist in the corporate world, and mom to a teen and a tween. My previous career avatars had me freelancing as a content writer, teaching biotechnology in Bangalore colleges, being read more...
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