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The World may not change if someone adopts a child, but for that Child and the Parent the world changes, the loveshowered by you as a parent and the relationship that grows beyond biological one is incredible to both the child andthe parents, you now get the privilege to write the parts of the child’s story along with your journey that have not yetbeen written.
The year 2021 marked 2991 adoptions with 1293 Male and 1698 Female kids, with Maharashtra, Karnataka, Tamilnadu toppingthe charts for adoption.
In India, Central Adoption Resource Authority (CARA)which is a statutory body the Govt. of India functions as the nodal body for adoption. CARA monitors and regulates bothin-country and inter-country adoptions.
Who is Eligible to Adopt
Following subjects of the country have the rights to adopt a child in India. Anyone who intends to adopt a child can getlegal advice from a Family Lawyer in Bangalore to gather more information and known how
- Resident Indian Parents
- OCI Card Holders
- Foreigners Living in India
- NRIs not living in India
- Foreign National living Abroad
- A Relative of the Child living in India
- A Relative of the Child who is a Foreign National
- Step Parents, Widow
- Unmarried Women are all eligible to Adopt a child.
- An unmarried male cannot adopt a girl child.
- Adoptive parent can be of any religion
- Adoptive parent can be of any sexual orientation (as long as single)
What Conditions must be Satisfied for Adoption
- Fitness
- The adoptive parents should be Mentally and Financially Sound
- The adoptive parents should not have life threatening disease
- Consent
- If married, consent from the spouse is required
- Single Mother can adopt child of any gender
- Single Father cannot adopt a girl child
- If you already have an older child, second child of the same gender cannot be adopted
- Parents with three or more children shall not be eligible for adoption.
- Age Related Criteria
- A minor (Less than 18 Yrs. Girl and 21 Yrs. Boy) cannot adopt a child
- Maximum age of a single parent shall be less than 45 Years if the child being adopted is up to 4 Years.
- Maximum age of a single parent shall be less than 50 Years if the child being adopted is up to 8 Years.
- Maximum age of a single parent shall be less than 55 Years if the child being adopted is up to 18 Years.
- In case of a couple adopting the child less than 4 years old, the cumulative age of the adoptive parents shall be less than 90 Years.
- In case of a couple adopting the child between 4 – 8 years old, the cumulative age of the adoptive parents shall be less than 90 Years.
- In case of a couple adopting the child between 8 – 18 years, the cumulative age of the adoptive parents shall be less than 90 Years.
- A person who is completed 18 years in age cannot be adopted
- The age gap between the child and adoptive parent shall be at least 25 years.
- There are no age-related criteria in case of Step Parents or relatives.
Documents Required for Adoption
Following documents will be required by the adoptive parent to complete the adoption procedure. You may wish to discusswith your Family Lawyer in Bangalore to gather more information on any additional documents required
- Family photograph
- Pan card
- Birth Certificate
- Residence Proof (Passport, DL, Voter Id Card, Aadhar Card etc…)
- Marriage Certificate
- Medical Certificate
- Income Proof (3 Yrs. Bank Statements / IT Returns)
- Divorce Decree (In case of second marriage, or single parent after divorce)
- Reference Letter from relatives in Support of Adoption
- Consent of the Older Siblings if any
- Home study Report – This will be valid for 3 years
Adoptive Parents whose adoption request gets rejected can file a suit against the adoption agency for the rejection ofadoption. If such adverse order is passed from the Family court the Adoptive parent can appeal at the Higher Court.
Adoption FAQ’s – Frequently Asked Legal Questions about Adoption
- Should I always go through CARA for adoption.
Not necessarily, there are instances when one party can adopt a child from another party following the Give and Takeceremony, followed with an adoption deed.
- Is Adoption Deed enough to complete the Adoption Procedure
Yes, an adoption deed is a valid legal document, such should be registered. The Adoption will be considered valid if alleligibility criteria are met.
- Can a Hindu Widow adopt a child from another Hindu Widow
Yes, Section 8 of Hindu Adoption and Maintenance act clearly talks about the capacity of a person to adopt. A widow ifmeets all the eligibility criteria as mentioned above are met, she can adopt from another widow. Such can be donethrough an Adoption Deed followed with court orders.
Case Reference:
Ashabai Kate vs Vithal Bhika Nade
Sawan Ram vs Kalawanti
- Can a Muslim Unmarried Girl Adopt a Child from a Hindu Father whose wife passed away due to Covid
Yes, a Muslim Unmarried Girl provided meets the above eligibility criteria can adopt the child. For such legal adoption,she should approach the court under the orders will be procured under the Guardians and Wards Act, 1890 Further, Section58 of JJ Act says Indian citizens of any religion, if interested to adopt a child, an orphan or an abandoned or asurrendered child, may apply for adoption to a Specialized Adoption Agency too.
Case Reference: Shabnam Hashmi vs UOI
- If a Muslim Couple adopts child from another Muslim Couple through an adoption deed, will the Child have rights in Property.
No, the Muslim law does not recognize adoption, for the adoption to be valid it should carry court orders. Else, theadopted child will not carry legal rights to the property.
Case Reference:Yaqoob Laway vs Gulla
- How long does it take to complete the adoption procedure.
If the adoption is through an adoption deed, the cycle time shall be less than 15 days. If the adoption is through CARAtypically the cycle time is 2 to 3 months.
- Can we adopt a child without the consent of their parents.
No, the consent of biological parents is required for the child to be adopted.
- Is the Consent of the child required to adopt him/her.
Yes, if the child is more than 5 years old, the consent of the child is required before adoption process is completed.
- Can we choose which child to adopt.
Yes, the age of child can be a criterion to choose, you cannot choose the gender, colour, caste, language etc… unlesssuch adoption is through an adoptive parent and not an agency.
- I have married a woman who had a child from her first husband. Can I adopt this child.
Yes, you will be a step-father to the child and you can adopt it to make it legal, such child should be less than 18years in age. Also, the consent from the biological father is required. If the Biological father is untraceable or dead,in that case you will need consent from the biological grandparents of the child, if there is no consent from any one,you can reach the court and get the adoption legalized.
- I have a daughter from my marriage, can I adopt another girl child.
No, if you have a child already from your marriage, you cannot adopt a child of the same gender. While you don’t have aright to chose the gender during adoption, the agency will collect this info and route it such way that you can adoptthe child of a different gender. The same rule is applicable if you have a boy child you cannot adopt another childwhich is a boy.
- My brother’s lost his wife due to Covid, his daughter resides with us. We also have a child who is a daughter, how can we legally adopt this child.
If your brother is willing to give his daughter for adoption to you, youyou’re your spouse can perform the Give and Takeritual, and execute an adoption deed to legalize the adoption.
The caution to exercise is, you need to ensure you make a will to avoid any legal dispute in the future. The first childcan at some time in future can bring in a civil suit in case of a property dispute if you pass away intestate.
Ideally, the adopted child should not be of the same gender, but in special circumstance, as in this case you canbecause such adoption is through a blood relative.
- I am a foreigner living abroad, how can I adopt a child from India.
Adoptions from a foreigner are governed by the JJ Act. The A non-resident Indian or overseas citizen of India, or personof Indian origin or a foreigner, who are prospective adoptive parents living abroad, irrespective of their religion, ifinterested to adopt an orphan or abandoned or surrendered child from India, may apply for the same to an authorizedforeign adoption agency, or Central Authority or a concerned Government department in their country of habitualresidence, as the case may be, in the manner as provided in the adoption regulations framed by the Authority.
The foreign adoption agency has to submit a home study report to determine eligibility. Along with this an NOC from thediplomatic mission of their country in India is required.
Case Reference:Laxmi Kant Pandey vs Union of India
- What steps are involved for a child to be adopted by foreign national
While there is a detailed lengthy procedure, for the benefit of the reader, here are the high-level ones.
- HSR (Home Study Report) from EFFA (Enlisted Foreign Adoption Agency)
- RIPA (Recognized Indian Placement Agency) Approval
- Clearance from ACA (Adoption Coordinating Agency) – Not applicable for NRI Parents holding Indian Passport
- Matching of Child Study Report and Home Study Report
- Issuance of NOC
- Filing of Petition in the Court + Orders (Cycle Time 2 – 3 months)
- Passport and Visa for the Child
- The Husband and Wife now have a conflict and seeking divorce, none of them want to continue with the child, can the adopted child be returned.
Yes, while there is a provision to surrender the child provided all the due diligence is done and surrender criteria aremet which call out that it is impossible for the child to continue in such an environment, Section 15 of Hindu Adoptionand Maintenance act clearly states that a Valid Adoption cannot be cancelled by the adoptive father or mother or anyother person, nor can the adopted child renounce his or her status and return to the family of his or her birth.
- A couple who adopted the child passed away due to covid., they don’t have any relative, the financial condition at the time of adoption was good but at the time of death they were reeling under debt. Can such a child be returned back.
Yes, there is a provision to surrender the child, the CWC will help execute a surrender deed and complete the process.But, while it does so the process is not only time consuming but will go through strict scrutiny.
- A child is born to the parents who were not married but in a Live-in-relationship, the boy is absconding and is not traceable, the girl wishes to surrender the child due to social stigma. Is this possible.
Yes, while there is a moral ground, the girl will go through counselling and the utmost importance will be given to thewelfare and future of the child. After complete scrutiny and due diligence, such parent of the child can surrender thechild to the nearest adoption agency and terminate the parental rights.
- I see a child on the road side abandoned and wish to adopt it, what shall be the process.
The thought is very noble, but has to follow the law of the land. Meet a qualified lawyer who can assist you in thisregard. You can also connect with the Child Helpline that is toll free number 1098, Contact the Local Police to ensureif the child is really abandoned, You can work the Specialized Local Adoption Agency and also the CWC (Child WelfareCommittee) or the DCPU (District Child Protection Unit). Based on the eligibility criteria you can move forward.
- Is Private Adoption Legal in India, can I adopt a child directly from an Orphanage
Private adoption is illegal in India, you should reach the CWC with the child you intend to adopt, the CWC after thescrutiny and due diligence will guide you on the next steps and formalities as need be if you meet all the eligibilitycriteria and such decision will be as per the law of the land.
- Can a Single Mother who herself is abandoned and has no means of livelihood give her child for adoption
Yes, such person can follow the Safe Surrender rules and give the child for adoption. Such will be governed by the JJAct in India.
While these are some FAQs that often get discussed between the client and a lawyer there are many more scenarios thatare complex ones. This blog post is to share at a high level about the adoption process and some FAQs related to thesame.
Feel free to write to us at mail@lawyersonia.com or call +91 9845944896 if you wish to consult or discuss your matter. “Sonia and Partners” is a Boutique law firm ledby Adv. Sonia Rajesh supported by a team of qualified and among the Best Lawyers in Bangalore practicing in the area ofFamily Law serving Citizens of India, Overseas Indians, NRIs and Global International Clients.
