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Q. Adoption requirement

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Ajoy Gupta

posted 2 months ago

question iconAdoption requirement

Hi, We are a couple looking to adopt a child with collective age of 91 and we have recently registered with CARA and are waiting in queue. Recently we got in contact with one lady who is willing to give her newborn for adoption because of some personal reasons. Could you please confirm, if this would be legally feasible?

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Kishan Dutt Kalaskar Retired Judge

Kishan Dutt Kalaskar Retired Judge

Responded 2 months ago

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A.Dear Sir,
Adoption – Procedure
Juvenile Justice (Care and Protection of Children) Act, 2015
Central Adoption Resource Authority Ministry of Women & Child Development Government of India
Frequently Asked Questions (FAQ’s)

Child Adoption Procedure In India
Can I adopt if I already have 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.

Parents adopting a child under the Hindu Adoption and Maintenance Act (HAMA) could soon be required to mandatorily register the adoption with country’s apex adoption body as part of efforts to check trafficking, a senior government official said.
Prospective parents can adopt a child under the stringent Juvenile Justice (JJ) Act, 2015. Additionally, Hindus, Buddhists, Jains and Sikhs have the option of formalising an adoption through the 60 year-old HAMA.
Officials say that while the JJ Act has provisions for verifying the source of the child as well as a thorough background check of the prospective parents, these pre-requisites are missing from HAMA, thereby, allowing many to take advantage of its loopholes.
Draft Cabinet note
“The Ministry of Women and Child development has prepared a draft Cabinet note proposing an amendment to HAMA in order to make it compulsory for parents to register with the apex adoption body, Child Adoption Resource Authority (CARA),” a ministry spokesperson said.
The note is being circulated among the ministries of finance, home affairs and law and the Prime Minister’s Office, before it is taken up by the Union Cabinet, the official said.
“Adoption under HAMA is very simple and two Hindus can exchange a child after filing a deed. We did a sample check and discovered that the number of adoptions under HAMA is too high and we suspect that a lot of these involve trafficked children,” the spokesperson said.
The ministry has proposed changes to HAMA so that parents who adopt a child mandatorily register their deed of adoption on CARA’s web portal, following which they will be issued a certificate of adoption.
Need for a registery
CARA CEO Lt. Col. Deepak Kumar said that the move will allow it to maintain a ‘national adoption register’ which will compile data on adoptions under HAMA, in addition to those that take place through its web portal.
“HAMA is a big hole in our net. We need to widen our net so that we can monitor all adoptions. But first we need to record these by having a national adoption register,” Kumar told PTI.
The official explained that the adoption agency carried out a study where data from one of the total 22 sub-registrars in Delhi was collected, which showed that 145 adoption deeds were registered in the past three years.
He added that if this data is extrapolated, it can be assumed that over 3,000 children were adopted under HAMA in the past three years in Delhi alone.
“But these are only those adoptions that are actually legally formalised. We found out from the Collector of Stamps in Delhi that in 14 months there were 3,200 stamps sold for the purpose of adoption. If all these stamps are being used lawfully, we should have seen nearly 9,000 adoptions during these three years,” Kumar explained.
Changes and reforms
In a bid to reform the adoption procedure in the country and bring more transparency, the Union Ministry of Women and Child Development brought a new set of guidelines in August, 2015.
For the first time, the entire adoption procedure was transferred online, to be monitored by the Central Adoption Resource Authority, the nodal body regulating adoptions in India.
However, despite the new mechanism, CARA hasn’t seen an increase in adoption and recorded a mere 3,788 adoptions across the country in 2016, while there were four to five times the number of parents waiting to bring home a child.
Officials hope that once they have data on adoptions under HAMA, they will have a more realistic picture.
The Hindu Adoption and Maintenance Act, 1956, is applicable to Hindus, Jains, Buddhists, Sikhs and gives an adopted child all the rights enjoyed by a biological child.
Until the universal JJ Law came into existence, Muslims, Parsis, Christians and Jews had no adoption law and would have to approach the court under the Guardians and Wards Act, 1890, and get the guardianship of a child until he or she turned 18.
Adopted son no less than a natural son to inherit his father’s properties, reiterates SC [Read Judgment]...

Supreme Court, in Pawan Kumar Pathak vs. Mohan Prasad has reiterated that an adopted son is no less than a natural son, when it comes to claiming the right to inherit the properties of his father.(copy of judgment is with me)

Dear Sir,
THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956
Men who are unmarried can adopt as well as long as they are not a minor. However, if a man were to adopt a daughter, the man must be twenty one years of age or older. Only unmarried Hindu women can legally adopt a child. A married woman can only give her consent to adoption by her husband.

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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Anik

Responded 2 months ago

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A.Hi,
Yes, it is legally feasible to adopt a newborn as per the guidelines of CARA if you are fulfilling the criteria set for adoptive parents (mentally sound, collective age of minimum 90 years, consent, financially capable, etc.).
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