Adoption is the legal process by which a person or a couple assumes the responsibility of raising a child born to another family. This process allows an individual or a couple to legally become the child’s parents and have all the associated rights and responsibilities. Adoption laws and procedures are vital in safeguarding the interests of the child while ensuring that the adoption process is ethical, transparent, and in compliance with legal norms.
In India, adoption laws are governed by various statutes, the most prominent being the Hindu Adoption and Maintenance Act, 1956 (HAMA) for Hindus and the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) for others, including Muslims, Christians, and people from other religions. With the advent of the Central Adoption Resource Authority (CARA) under the Ministry of Women and Child Development, the adoption process in India has been streamlined to make it more transparent and child-centric.
Types of Adoption in India
There are primarily two types of adoption procedures in India:
- In-country Adoption: This refers to the adoption of children by Indian citizens living in India. It is governed by the Juvenile Justice (Care and Protection of Children) Act, 2015, and the guidelines set by CARA.
- Inter-country Adoption: When an Indian child is adopted by foreign nationals, the process is regulated by CARA, in compliance with the Hague Convention on Intercountry Adoption, which India ratified in 2003. Inter-country adoption is also regulated by the Central Adoption Resource Authority (CARA).
Eligibility Criteria for Adoption
The eligibility criteria for adopting a child in India depend on whether the adoption is in-country or inter-country. The criteria also vary based on the applicant’s religion and the adoption law applicable to them. Below are the general requirements for in-country adoption under the JJ Act and CARA guidelines:
1. For a Hindu Adoption (Under HAMA, 1956)
- Age of the Adoptive Parent(s): The adoptive parent must be at least 25 years old and at least 21 years older than the child to be adopted. If a couple is adopting, the combined age of the couple must be at least 45 years.
- Marital Status: If a single person wants to adopt, they are allowed to do so, but in the case of a couple, both partners must give consent for the adoption.
- Fitness: The adoptive parent should be mentally and physically fit to take care of the child.
2. For Adoption under the Juvenile Justice Act (2015)
- Age of the Applicant(s): The adoptive parent must be at least 21 years of age. If it’s a couple adopting, the combined age should ideally be 90 years, although some exceptions may be made in case of special needs children.
- Marital Status: Both married couples and single individuals are eligible to adopt. However, there are certain rules regarding the age difference between the child and the adoptive parents.
- Income and Health: The applicant must be financially stable and physically and mentally healthy.
- Nationality: Only Indian citizens and Non-Resident Indians (NRIs) are eligible for in-country adoption. Foreign nationals and overseas citizens of India (OCIs) can adopt children only under inter-country adoption rules.
The Adoption Process in India
The adoption process in India aims to be transparent, ethical, and most importantly, child-centric, focusing on the child’s best interests. The steps in the adoption process include registration, home study, matching, and finalization.
Step 1: Registration with a Recognized Adoption Agency (RAA)
The first step for prospective adoptive parents (PAPs) is to register with a Recognized Adoption Agency (RAA). CARA recognizes these agencies, which can be either government-run or private organizations. The registration process involves submitting the required documents such as identity proof, proof of residence, financial documents, and medical certificates confirming the physical and mental health of the adoptive parents.
RAAs are the primary agencies for facilitating adoptions and are tasked with conducting background checks, preparing home studies, and matching children with suitable adoptive parents.
Step 2: Home Study and Social Investigation Report
Once the PAPs register with an RAA, the next step is the home study. A social worker from the agency conducts a thorough investigation of the applicants’ personal, social, and financial background. This includes visits to the adoptive home and interviews with family members. The social worker will also assess the applicants’ readiness to take on the responsibilities of adoption and their ability to raise a child.
The home study process results in a Social Investigation Report (SIR), which is an essential part of the adoption process. This report helps the adoption agency in assessing whether the prospective parents are suitable for adoption.
Step 3: Matching the Child with the Adoptive Parents
Once the home study is completed and the adoptive parents are approved, the next step is matching them with a child. For in-country adoption, the matching is done through Child Adoption Resource Information and Guidance System (CARINGS). CARINGS is an online portal used by the RAA to match children with adoptive parents based on specific criteria such as the child’s age, gender, special needs, and the age of the adoptive parents.
If the adoptive parents have specific preferences regarding the child’s gender or background, those preferences can be taken into account, although the child’s best interests are the top priority. The matching process may take time, especially if the parents are looking for a child with specific needs.
Step 4: Referral and Acceptance
Once a match is found, the adoption agency will make a formal referral of the child to the adoptive parents. At this stage, the prospective parents will be provided with the child’s medical, social, and psychological background. This is an important step as the parents need to be fully aware of the child’s condition, any special needs, and any possible concerns about the child’s past.
The adoptive parents then review the information, and if they accept the match, they sign a letter of acceptance. At this point, the adoption agency will issue an adoptive placement order, which allows the child to stay with the adoptive parents.
Step 5: Pre-Adoption Foster Care
In most cases, once the child has been referred, they are placed with the adoptive parents for pre-adoption foster care. This is a crucial period where the child and the parents get to know each other. The RAA monitors the child’s well-being during this period and offers support.
The child remains in foster care with the adoptive parents until the adoption is finalized by the court. This foster care period typically lasts for two months, during which time the parents must prove that they are capable of taking care of the child.
Step 6: Final Adoption Order
After the completion of the pre-adoption foster care period, the final step is to file for the final adoption order in a court. The adoption process culminates in a court hearing where the judge reviews all the documents, including the Social Investigation Report, the medical history of the child, and the letter of acceptance from the adoptive parents.
Once the court is satisfied that the adoption is in the child’s best interest, the final adoption order is passed. This order grants the adoptive parents full parental rights over the child. Following this, the child’s name is officially changed, and the child’s adoption records are updated.
Inter-Country Adoption Process
Inter-country adoption follows a similar process, but with additional requirements:
- Foreign National Adopters: Foreign nationals must comply with the Hague Convention on Inter-Country Adoption. This ensures that the adoption is in the best interests of the child and follows a uniform set of procedures across countries.
- CARA’s Role: In the case of inter-country adoption, CARA acts as the central authority coordinating the process. It matches children with families overseas and ensures that all international adoption laws are followed.
- Clearances: Foreign prospective adoptive parents need to receive clearance from the respective embassy or consulate and ensure that they meet the standards set by CARA.
Legal Protection and Safeguards in Adoption
To ensure that the adoption process is ethical and transparent, the Juvenile Justice (Care and Protection of Children) Act, 2015 has laid down legal safeguards. These safeguards include:
- No Child Can Be Given for Adoption Without Parental Consent: The biological parents must give their consent, and the child must be deemed legally free for adoption.
- Child Welfare Committees: These committees are involved in ensuring that the adoption process adheres to legal and ethical standards.
- Centralized Monitoring: CARA is responsible for the central monitoring of adoptions, both in-country and inter-country, ensuring compliance with the law.
Conclusion
Adoption is a transformative process that provides children with loving homes and families. In India, the adoption process is well-regulated and ensures the child’s best interests are prioritized. While the process may be long and sometimes complicated, the safeguards in place ensure that it is ethical and transparent.
Whether it’s in-country adoption or inter-country adoption, the key lies in ensuring that the child’s welfare is protected, and that adoptive parents are fully prepared to take on the responsibilities of raising a child. The introduction of online systems like CARINGS has significantly streamlined the process, making adoption more efficient and accessible.
Ultimately, adoption is about providing a child with love, security, and a future, and the laws and procedures in place work to ensure that every child has the opportunity to grow up in a safe and nurturing environment.