Aadhar
11 months ago
I want to register my child as my parents' child as I am an unmarried mother. What are the legal grounds available
A.Dear Madam,
You may please adopt the procedure of Cara.
=======================================================================
ADOPTION DEED WITHOUT COURT PERMISSION
http://cara.nic.in/PDF/Role%20of%20Judiciary.pdf
An Act only for Hindus, as the child, the giver and the taker has to be a Hindu (a Muslim, Christian, Parsee, Jews, any member of a scheduled tribe governed by their customary law can not adopt) (Sec 2 of HAMA) Eligibility of adoptive parents (Sec 6 to 8 of HAMA) Only a Hindu, Buddhist, Jain, or Sikh husband above the age of 18 can adopt under this act only with the consent of his living wife (Husband is the adopter and wife is merely consenter) A single female (unmarried, divorcee or widow) can also adopt (Sec 8 (c)) A person having a male child can not adopt a male child A person having a girl child can not adopt a girl child Age difference between the adoptive father and the adoptive girl child to be at least 21 years (Sec 11 (iii)) The child has to be below 15 years of age (Sec 10(iv) of HAMA) Provision of payment or reward and any contravention shall be punishable (Sec 17 of HAMA)
DIRECT ADOPTION WITH COURT PERMISSSION
https://www.lawyersclubindia.com/experts/Direct-Adoption-from-Birth-Parents-20246.asp
http://www.nari.nic.in/i-have-some-questions-about-adoption-0
I HAVE SOME QUESTIONS ABOUT ADOPTION
1. What is adoption?
Adoption means the process through which the adopted child becomes the lawful child of his adoptive parents with all the rights, privileges and responsibilities that are attached to a biological child.
2. I have found a baby on road side; can I adopt the same child?
No, you cannot adopt the same child directly, as the child has to be produced before the Child Welfare Committee (CWC) and information has to be sent to the local police for legal proceedings as per Juvenile Justice Act.
3. Which courts are competent to issue adoption orders?
District courts, Family Courts & City Civil courts are the competent courts to deal with adoption petitions, as per rule 33 (5) of the Juvenile Justice (Care and Protection of Children) Rules, 2007.
4. What is the role of Central Adoption Resource Authority (CARA)?
CARA is the Central Designated Authority of Government of India responsible for facilitating adoption of Indian Children as per the Adoption Guidelines notified.
5. Who are the stakeholders in adoption process?
a) State Adoption Resource Agency (SARA) - State Adoption Resource Agency acts as a nodal body within the State to promote and monitor adoption and non-institutional care in coordination with Central Adoption Resource Authority.
b) Specialised Adoption Agency (SAA) - Specialised Adoption Agency (SAA) is recognized by the State Government under sub-section 4 of section 41 of the Act for the purpose of placing children in adoption.
c) Authorised Foreign Adoption Agency (AFAA) - Authorised Foreign Adoption Agency is recognised as a foreign social or child welfare agency that is authorised by Central Adoption Resource Authority on the recommendation of the concerned Central Authority or Government Department of that country for coordinating all matters relating to adoption of an Indian child by a citizen of that country.
d) District Child Protection Unit (DCPU) - District Child Protection Unit (DCPU) means a unit set up by the State Government at district level under Section 61A of the Act. It identifies orphan, abandoned and surrendered children in the district and gets them declared legally free for adoption by Child Welfare Committee.
6. Who is eligible to adopt a child?
a) the prospective adoptive parents should be physically, mentally and emotionally stable; financially capable; motivated to adopt a child; without any life threatening medical condition;
b) any prospective adoptive parent, irrespective of his marital status and whether or not he has his own biological son or daughter, can adopt a child;
c) single female is eligible to adopt a child of any gender
d) single male person shall not be eligible to adopt a girl child
e) in case of a couple, the consent of both spouses shall be required
f) no child shall be given in adoption to a couple unless they have at least two years of stable marital relationship
g) the age of prospective adoptive parents as on the date of registration shall be counted for deciding the eligibility and the eligibility of prospective adoptive parents to apply for children of different age groups shall be as under
Age of the child Maximum composite age of prospective adoptive parents Maximum age of single prospective adoptive parent
Upto 4 years 90 years 45 years
Above 4 upto 8 years 100 years 50 years
Above 8 upto 18 years 110 years 55 years
the minimum age difference between the child and either of the prospective adoptive parents should not be less than twenty five years;
the age for eligibility will be as on the date of registration of the prospective adoptive parents
couples with more than four children shall not be considered for adoption;
7. Is it mandatory to have PAN Card for registration?
Yes, it is now mandatory for prospective adoptive parents to upload PAN card for registration, as per the Guidelines Governing Adoption of Children, 2015.
8. Can single parent adopt a child?
Yes, a single parent is eligible for adopting the child, as per para 5 of the Governing Adoption of Children 2015. Female single parent can adopt a boy or girl child whereas male single parent can only adopt male child.
9. Are there any minimum income criteria for adopting a child?
There is no particular parameter, as per the Guidelines Governing Adoption of Children- 2015. The suitability of parent is assessed during the process of preparation of Home Study Report (HSR) conducted by Social worker.
10. How to adopt a child?
One can adopt a child only through submission of online application and following the procedures provided in the Guidelines Governing Adoption of Children, 2015. For further details please visit the website
11. I have earlier registered online; do I have to register again or will that registration be valid?
If you have registered online earlier, your registration will be valid. Please check your status by logging into CARINGS . You need not register again, if your registration is active.
12. I have registered under Guidelines of 2011 and my Home Study Report (HSR) is uploaded in CARINGS by my agency. Will my agency send a child referral to me?
If the HSR is uploaded in CARINGS, the prospective adoptive parents shall be intimated about referral of child through e-mail/SMS based on seniority from the day of online registration. The child may be from any adoption agency within the State, agency where your application is waiting is not permitted to send the child referral directly as per para 10 of the Guidelines of 2015.
13. If I am not a computer knowing person, then how can I register online on CARINGS?
It is now mandatory to register online on CARINGS to adopt a child. You can approach the District Child Protection Officer (DCPO) of your district for registering your online application as per para 9 (11) of the Adoption Guidelines of 2015.
14. I have submitted the online registration form, what is the next step?
You have to upload your documents by login on CARINGS. The User ID and password is mentioned in your online acknowledgement slip. Go to Parents tab and click on Already Registered Parents option to login on to CARINGS.
15. What is the maximum time period allowed for uploading documents?
You have to upload the documents within 30 days of successful submission of online registration form otherwise your registration will be cancelled.
16. Is there any registration fee for online registration?
There is no provision of registration fee for online registration.
17. I have uploaded the documents, what is the next step?
You have to contact the concerned Specialised Adoption Agency for conducting Home Study Report (HSR).
18. I have made a spelling mistake in my name during registration, how can I correct it?
CARA’s technical team addresses such queries, so you can contact on toll free no. 1800 11 131 or mail
19. If my Home Study Report (HSR) is not conducted within the stipulated time, whom should I approach?
You can contact to the State Adoption Resource Agency (SARA) of your State or District Child Protection Unit (DCPU) of your District. To check the contact details of SARA and DCPU, please visit CARA website.
20. Is there any fee for Home Study Report (HSR)? If so to whom it should be paid?
The fee for HSR is Rs. 6000/- and modality of payment of the same has been given at Schedule -13 of the Guidelines of 2015.
21. I want to change the agency for Home Study Report (HSR), how can I do that?
If acceptance has been done by the agency, then you can change it by logging in to CARINGS, or else it will be done by CARA (Contact on toll free no. 1800 11 131 or mail )
22. Can I see my Home Study Report (HSR),?
Yes, the HSR shall be shared with you by the SAA/DCPU/SARA as the case may be as per Para 9 (5) of the Adoption Guidelines.
23. Is there any chance that SAA may reject our application / declare us not suitable to adopt?
Yes, SAA may declare Prospective Adoptive Parents as not eligible/suitable to adopt a child after completion of Home Study Report (HSR).
24. If my Home Study Report (HSR), is rejected, where should I appeal?
One can appeal to Central Adoption Resource Authority (CARA) against rejection of the HSR by the SAA as per Para 9 (9) of the adoption Guidelines.
25. My Home Study Report (HSR), is approved and uploaded in CARINGS. How do I know my seniority?
Prospective Adoptive Parents cannot change their seniority. They can only change the child preference for adoption.
26. How can I change the age preference of child after registration?
Yes, parents can change the age preference of child by logging in to CARINGS.
27. I want to change the State preference for adoption, how can I do that?
Login to CARINGS by using your User ID and Password and click on ‘Change State preference for adoption’.
28. How can I receive a child referral?
On the basis of seniority, the Prospective Adoptive Parents shall be given opportunity to view photograph and profile of up to six children. The information about the child referral shall be intimated through e-mail and SMS in mobile number provided in the online registration form.
29. I have received e-mail and SMS for viewing profile of children but I am not able to log into CARINGS, what should I do?
You can open by retrieving back your password by clicking on Forgot Password link, which is available at Parents login page.
30. I have forgotten my Password, how can I retrieve back the password?
You can open by retrieving back your password by clicking on Forgot Password Click here.
31. I am not able to establish contact with the adoption agency over telephone number provided in the website to know more about the reserved child, what should I do?
You can contact the State Adoption Resource Agency of the State or District Child Protection Unit of the District where the agency is situated or contact on toll free no. 1800 11 131 or mail mail.
32. What are the adoption expenses to be incurred by the PAPs?
The Prospective Adoptive Parents have to bear the expenses as per provision mentioned at Schedule-13 (1) of the Guidelines. The Prospective Adoptive Parents are strictly advised not to pay anything more than what is prescribed in Guidelines
33. I have given acceptance for the child. What is the time taken to get the court order for adoption?
As per Para 12 (4) of the Adoption Guidelines the Court is expected to dispose of the case within a period of two months from the date of filing of the adoption petition by the specialised adoption agency.
34. I am a Non Resident Indian, want to adopt a child from India; can I register through online like a resident Indian?
Non Resident Indian can register through concerned authorities from the country of their present residence following procedure provided in Para 16 of the Adoption Guidelines of 2015.
35. I am an OCI/Foreigner living in India, how can I register online?
An OCI/Foreign National living in India can register themselves through online CARINGS after obtaining a letter of No Objection for the proposed adoption of an Indian child from the Embassy of the Country of their Nationality and follow the process as provided in Para 21 of the Adoption Guidelines.
36. I am an NRI; would I get any preference at par with resident Indian?
Non-resident Indian prospective adoptive parents shall be treated at par with Indians living in India in terms of priority for adoption of Indian orphan, abandoned or surrendered children. However, the process will be as per Para 16 of the Adoption Guidelines.
37. I am an NRI and I want to adopt a relative’s child from India whose parents have passed away?
Adoption of children by relatives staying in abroad are regulated under the Guidelines for Family Adoption of Indians staying Abroad. You can follow the procedure of the said Family Adoption Guidelines available at www.cara.nic.in.
38. Can Muslims or Christians adopt a child?
Yes, under the Juvenile Justice Act, person of any religion can adopt a child.
You may please adopt the procedure of Cara.
=======================================================================
ADOPTION DEED WITHOUT COURT PERMISSION
http://cara.nic.in/PDF/Role%20of%20Judiciary.pdf
An Act only for Hindus, as the child, the giver and the taker has to be a Hindu (a Muslim, Christian, Parsee, Jews, any member of a scheduled tribe governed by their customary law can not adopt) (Sec 2 of HAMA) Eligibility of adoptive parents (Sec 6 to 8 of HAMA) Only a Hindu, Buddhist, Jain, or Sikh husband above the age of 18 can adopt under this act only with the consent of his living wife (Husband is the adopter and wife is merely consenter) A single female (unmarried, divorcee or widow) can also adopt (Sec 8 (c)) A person having a male child can not adopt a male child A person having a girl child can not adopt a girl child Age difference between the adoptive father and the adoptive girl child to be at least 21 years (Sec 11 (iii)) The child has to be below 15 years of age (Sec 10(iv) of HAMA) Provision of payment or reward and any contravention shall be punishable (Sec 17 of HAMA)
DIRECT ADOPTION WITH COURT PERMISSSION
https://www.lawyersclubindia.com/experts/Direct-Adoption-from-Birth-Parents-20246.asp
http://www.nari.nic.in/i-have-some-questions-about-adoption-0
I HAVE SOME QUESTIONS ABOUT ADOPTION
1. What is adoption?
Adoption means the process through which the adopted child becomes the lawful child of his adoptive parents with all the rights, privileges and responsibilities that are attached to a biological child.
2. I have found a baby on road side; can I adopt the same child?
No, you cannot adopt the same child directly, as the child has to be produced before the Child Welfare Committee (CWC) and information has to be sent to the local police for legal proceedings as per Juvenile Justice Act.
3. Which courts are competent to issue adoption orders?
District courts, Family Courts & City Civil courts are the competent courts to deal with adoption petitions, as per rule 33 (5) of the Juvenile Justice (Care and Protection of Children) Rules, 2007.
4. What is the role of Central Adoption Resource Authority (CARA)?
CARA is the Central Designated Authority of Government of India responsible for facilitating adoption of Indian Children as per the Adoption Guidelines notified.
5. Who are the stakeholders in adoption process?
a) State Adoption Resource Agency (SARA) - State Adoption Resource Agency acts as a nodal body within the State to promote and monitor adoption and non-institutional care in coordination with Central Adoption Resource Authority.
b) Specialised Adoption Agency (SAA) - Specialised Adoption Agency (SAA) is recognized by the State Government under sub-section 4 of section 41 of the Act for the purpose of placing children in adoption.
c) Authorised Foreign Adoption Agency (AFAA) - Authorised Foreign Adoption Agency is recognised as a foreign social or child welfare agency that is authorised by Central Adoption Resource Authority on the recommendation of the concerned Central Authority or Government Department of that country for coordinating all matters relating to adoption of an Indian child by a citizen of that country.
d) District Child Protection Unit (DCPU) - District Child Protection Unit (DCPU) means a unit set up by the State Government at district level under Section 61A of the Act. It identifies orphan, abandoned and surrendered children in the district and gets them declared legally free for adoption by Child Welfare Committee.
6. Who is eligible to adopt a child?
a) the prospective adoptive parents should be physically, mentally and emotionally stable; financially capable; motivated to adopt a child; without any life threatening medical condition;
b) any prospective adoptive parent, irrespective of his marital status and whether or not he has his own biological son or daughter, can adopt a child;
c) single female is eligible to adopt a child of any gender
d) single male person shall not be eligible to adopt a girl child
e) in case of a couple, the consent of both spouses shall be required
f) no child shall be given in adoption to a couple unless they have at least two years of stable marital relationship
g) the age of prospective adoptive parents as on the date of registration shall be counted for deciding the eligibility and the eligibility of prospective adoptive parents to apply for children of different age groups shall be as under
Age of the child Maximum composite age of prospective adoptive parents Maximum age of single prospective adoptive parent
Upto 4 years 90 years 45 years
Above 4 upto 8 years 100 years 50 years
Above 8 upto 18 years 110 years 55 years
the minimum age difference between the child and either of the prospective adoptive parents should not be less than twenty five years;
the age for eligibility will be as on the date of registration of the prospective adoptive parents
couples with more than four children shall not be considered for adoption;
7. Is it mandatory to have PAN Card for registration?
Yes, it is now mandatory for prospective adoptive parents to upload PAN card for registration, as per the Guidelines Governing Adoption of Children, 2015.
8. Can single parent adopt a child?
Yes, a single parent is eligible for adopting the child, as per para 5 of the Governing Adoption of Children 2015. Female single parent can adopt a boy or girl child whereas male single parent can only adopt male child.
9. Are there any minimum income criteria for adopting a child?
There is no particular parameter, as per the Guidelines Governing Adoption of Children- 2015. The suitability of parent is assessed during the process of preparation of Home Study Report (HSR) conducted by Social worker.
10. How to adopt a child?
One can adopt a child only through submission of online application and following the procedures provided in the Guidelines Governing Adoption of Children, 2015. For further details please visit the website
11. I have earlier registered online; do I have to register again or will that registration be valid?
If you have registered online earlier, your registration will be valid. Please check your status by logging into CARINGS . You need not register again, if your registration is active.
12. I have registered under Guidelines of 2011 and my Home Study Report (HSR) is uploaded in CARINGS by my agency. Will my agency send a child referral to me?
If the HSR is uploaded in CARINGS, the prospective adoptive parents shall be intimated about referral of child through e-mail/SMS based on seniority from the day of online registration. The child may be from any adoption agency within the State, agency where your application is waiting is not permitted to send the child referral directly as per para 10 of the Guidelines of 2015.
13. If I am not a computer knowing person, then how can I register online on CARINGS?
It is now mandatory to register online on CARINGS to adopt a child. You can approach the District Child Protection Officer (DCPO) of your district for registering your online application as per para 9 (11) of the Adoption Guidelines of 2015.
14. I have submitted the online registration form, what is the next step?
You have to upload your documents by login on CARINGS. The User ID and password is mentioned in your online acknowledgement slip. Go to Parents tab and click on Already Registered Parents option to login on to CARINGS.
15. What is the maximum time period allowed for uploading documents?
You have to upload the documents within 30 days of successful submission of online registration form otherwise your registration will be cancelled.
16. Is there any registration fee for online registration?
There is no provision of registration fee for online registration.
17. I have uploaded the documents, what is the next step?
You have to contact the concerned Specialised Adoption Agency for conducting Home Study Report (HSR).
18. I have made a spelling mistake in my name during registration, how can I correct it?
CARA’s technical team addresses such queries, so you can contact on toll free no. 1800 11 131 or mail
19. If my Home Study Report (HSR) is not conducted within the stipulated time, whom should I approach?
You can contact to the State Adoption Resource Agency (SARA) of your State or District Child Protection Unit (DCPU) of your District. To check the contact details of SARA and DCPU, please visit CARA website.
20. Is there any fee for Home Study Report (HSR)? If so to whom it should be paid?
The fee for HSR is Rs. 6000/- and modality of payment of the same has been given at Schedule -13 of the Guidelines of 2015.
21. I want to change the agency for Home Study Report (HSR), how can I do that?
If acceptance has been done by the agency, then you can change it by logging in to CARINGS, or else it will be done by CARA (Contact on toll free no. 1800 11 131 or mail )
22. Can I see my Home Study Report (HSR),?
Yes, the HSR shall be shared with you by the SAA/DCPU/SARA as the case may be as per Para 9 (5) of the Adoption Guidelines.
23. Is there any chance that SAA may reject our application / declare us not suitable to adopt?
Yes, SAA may declare Prospective Adoptive Parents as not eligible/suitable to adopt a child after completion of Home Study Report (HSR).
24. If my Home Study Report (HSR), is rejected, where should I appeal?
One can appeal to Central Adoption Resource Authority (CARA) against rejection of the HSR by the SAA as per Para 9 (9) of the adoption Guidelines.
25. My Home Study Report (HSR), is approved and uploaded in CARINGS. How do I know my seniority?
Prospective Adoptive Parents cannot change their seniority. They can only change the child preference for adoption.
26. How can I change the age preference of child after registration?
Yes, parents can change the age preference of child by logging in to CARINGS.
27. I want to change the State preference for adoption, how can I do that?
Login to CARINGS by using your User ID and Password and click on ‘Change State preference for adoption’.
28. How can I receive a child referral?
On the basis of seniority, the Prospective Adoptive Parents shall be given opportunity to view photograph and profile of up to six children. The information about the child referral shall be intimated through e-mail and SMS in mobile number provided in the online registration form.
29. I have received e-mail and SMS for viewing profile of children but I am not able to log into CARINGS, what should I do?
You can open by retrieving back your password by clicking on Forgot Password link, which is available at Parents login page.
30. I have forgotten my Password, how can I retrieve back the password?
You can open by retrieving back your password by clicking on Forgot Password Click here.
31. I am not able to establish contact with the adoption agency over telephone number provided in the website to know more about the reserved child, what should I do?
You can contact the State Adoption Resource Agency of the State or District Child Protection Unit of the District where the agency is situated or contact on toll free no. 1800 11 131 or mail mail.
32. What are the adoption expenses to be incurred by the PAPs?
The Prospective Adoptive Parents have to bear the expenses as per provision mentioned at Schedule-13 (1) of the Guidelines. The Prospective Adoptive Parents are strictly advised not to pay anything more than what is prescribed in Guidelines
33. I have given acceptance for the child. What is the time taken to get the court order for adoption?
As per Para 12 (4) of the Adoption Guidelines the Court is expected to dispose of the case within a period of two months from the date of filing of the adoption petition by the specialised adoption agency.
34. I am a Non Resident Indian, want to adopt a child from India; can I register through online like a resident Indian?
Non Resident Indian can register through concerned authorities from the country of their present residence following procedure provided in Para 16 of the Adoption Guidelines of 2015.
35. I am an OCI/Foreigner living in India, how can I register online?
An OCI/Foreign National living in India can register themselves through online CARINGS after obtaining a letter of No Objection for the proposed adoption of an Indian child from the Embassy of the Country of their Nationality and follow the process as provided in Para 21 of the Adoption Guidelines.
36. I am an NRI; would I get any preference at par with resident Indian?
Non-resident Indian prospective adoptive parents shall be treated at par with Indians living in India in terms of priority for adoption of Indian orphan, abandoned or surrendered children. However, the process will be as per Para 16 of the Adoption Guidelines.
37. I am an NRI and I want to adopt a relative’s child from India whose parents have passed away?
Adoption of children by relatives staying in abroad are regulated under the Guidelines for Family Adoption of Indians staying Abroad. You can follow the procedure of the said Family Adoption Guidelines available at www.cara.nic.in.
38. Can Muslims or Christians adopt a child?
Yes, under the Juvenile Justice Act, person of any religion can adopt a child.
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