Adoption

Adoption in India

Planning for a loving family through adoption? India presents a beautiful prospect of parenthood but that requires the rightful legal ways that govern it. Adoption in India is a way of becoming parents for eligible candidates who want to adopt a child. The adoption process is maintained by the Central Adoption Resource Authority (CARA) for ethical and legal purposes only. The adoption process is regulated by both secular and personal laws such as the Juvenile Justice (Care and Protection of Children) Act (JJ Act) 2015 (amended 2021), and the Hindu Adoption and Maintenance Act (HAMA) of 1956. If you want to adopt you have to go through CARA and pass all their requirements to be able to adopt. This also involves tests such as marital status, health, and a check of the applicant’s criminal record.   

Here is the detailed information:

Adoption under Hindu Adoption and Maintenance Act (HAMA) of 1956

If one belongs to the Hindu, Buddhist, Jain, or Sikh community the Hindu Adoption and Maintenance Act (HAMA) of 1956 could be the way. Compared to the other available adoption procedures in India, it is relatively convenient. 

Under HAMA, who can adopt? 

• Men: So basically, any man from these religions (Hindu, Buddhist, Jain, or Sikh community), who is above the age of twenty-one years and mentally sound can adopt. 
• Women: It could be a little more particular for females. You can adopt only if:
  • You are a married lady and your husband complies (one requires written consent). 
  • You are single or a divorcee and at the age (21 years) where you have the legal right of adopting the child without requiring any permission from anyone. 

Who can be adopted? 

• The child must be unmarried. While there may be some regional variations that have to do with your specific geographic location, it will be best to consult a legal expert about this matter. 
• The above-mentioned child must not have reached the age of fifteen years. Again, certain regional traditions could prove to be acceptable, so it is best to discuss it further with the person in question or with a lawyer.
• The prejudices based on the categories of caste are no longer there! There are no restrictions of any kind of caste in adoption of a child.

What's the process of adoption under HAMA?

Here's a step-by-step guide: 

• Get Consent: This is important because; You will require the consent of the child’s biological parents or a legal guardian if they are still alive, for an adoption to be effected. 
• Dattaka Hom Ceremony (Optional): This traditional rite is one way some families introduce their children into society. It has elements of performative aspects, basically through offerings; however, it is not obligatory. 
• Adoption Deed (Important!): This legal document can be prepared by any lawyer and should note that the individual in question had this adoption. In essence, it delegates the roles of the parents to you by signing over the children's rights to you. It is also advisable to record this deed with the sub-registrar. The deed should clearly state: 
  • Everyone's details: Full identification details of the biological parents of the child/children as well as the adoptive parents of the child/children 
  • Child's information: These basic details include the date of birth of the child that is to be adopted among other details. 
  • Consent proof: Signed consent from biological parents or a legal guardian, (if any) 
  • Inheritance details: Any right in the property or an inheritance right that gets transferred to the adopted child 
  • Witness signatures: Do not omit this! 

• Court Order (Sometimes Needed): If things reach the level of complication (there are controversies or disagreements), this might call for an order of adoption. This means filing a petition and giving documents to obtain a legal document.

Things to Consider Before You Start: 

• Simpler Process: Thus, in contrast to the other forms of adoption, HAMA is rather non-bureaucratic. 
• Religious Limits: Remember, only Hindus Buddhists, Jains, and Sikhs are allowed to avail of the HAMA benefits. However, if you are of another religion, you will have to look for other options for adoption. 
• Gender Bias: Crucially, in the past, HAMA discriminated against male would-be-adopters. Although women can also opt for it, there are some extra hoops through which they would have to jump. 
• Customary Restrictions: Sometimes, there may be local peculiarities in the cultures of your area that add something extra, such as the child’s age or marital status. Of course, it would be wise to speak to a lawyer and see what these kinds of restrictions are. 
• Getting Help is Smart! : Talk to a Lawyer, They can help you with the details depending on your situation, your religion, your gender, and any possible customary barriers in your locality. 
• Consider Alternatives: In case the needs of HAMA such as religion, gender bias, and customs are not valid in your requirement, then you may proceed to adoption under the Juvenile Justice (Care and Protection of Children) Act (JJ Act). It is more standardized and efficient with far-reaching possibilities than the previous one. 

Always bear in mind that adoption is the creation of a family. It can be a must-go, however, knowing the advantages and disadvantages of the HAMA is a must. Speaking to a lawyer also helps you not to rush into making the decision, instead, get all the information that you need so that you can make the right decision for you. You can also opt for Vidhikarya for adoption lawyers. 

Adoption under the Juvenile Justice (Care and Protection of Children) Act (JJ Act) 2015 (amended 2021)

The Juvenile Justice (Care and Protection of Children) Act (JJ Act) 2015 with further amendments in 2021 also provides a proper procedure of in-country adoption in India. This act is especially beneficial if you:

• Are of any religion: While HAMA is restricted to Hindus only, the JJ Act is for the children of all religions.
• Are a single mom: The JJ Act points to adoption for single women and, thus, a child has a new family with people who love him or her.

Who can adopt under the JJ Act?

• Single people: Any man or woman who is unmarried and voluntarily bringing up a child or a child of any age who is abandoned by both parents can adopt.
• Couples: Adoption is possible for everyone and married couples especially those who have been married for more than two years.
• Indian couples abroad: Additional rules are set for Indian couples living in other countries. However, other procedures are followed, thus the advice to seek legal advice.

General Eligibility Requirements:

• You must be at least 25 years old.
• You must be financially, medically, and emotionally fit to care for a child.
• You should have a stable living environment.
• You cannot have a criminal background.

The Adoption Process under JJ Act: Step-by-Step

1. Registration with CARA (Central Adoption Resource Authority):
• Online or Offline: You can register online on the CARA website (https://cara.wcd.gov.in/) or contact a Specialized Adoption Agency (SAA) authorized by CARA.
• Information Sharing: Provide details about yourself, including:
• Marital status, age, and occupation.
• Financial situation and living arrangements.
• Experience with children (if any).
• Medical history.
• Desired child characteristics (age range, gender, etc.).

2. Home Study:

• Social Worker Visit: A social worker from the SAA will visit your home to assess your suitability as adoptive parents. This evaluation considers:
• The safety and adequacy of your home environment.
• Your financial stability to provide for the child's needs.
• Your emotional readiness and parenting skills.
• Your motivation for adoption and support network.
• Report Generation: The social worker prepares a detailed report on their findings, which is crucial for the adoption process.

3. Matching and Counselling:

• Matching by CARA: With the given data about you and your preferences as well as the details about the child, CARA helps to select the proper child. This child will be among the children that have been declared legally free for adoption, listed in the child adoption resource agency also known as CARA child adoption pool.
• Pre-adoption Counselling: The two of you will receive pre-adoption counseling, but if the child is of appropriate age they will be included. It prepares the individuals concerned for the emotional and social changes that are expected shortly after adoption. It includes the freedom and latitude in sessions for topics that can comprise setting the context of expectations, developing a positive and special relationship with the child, or handling any issues.

4. Court Order:

• Petition Filing: After the matching and counseling, you will prepare a petition under the court, which has jurisdiction over adoption matters.
• Court Hearing: The court will rely on the case file that comprises the home study report, CARA’s recommendation, and other relevant documents. The court can also engage you and the child (where possible) before giving a final judgment of the matter.
• Adoption Order: In this case, the court grants a final adoption order upon the same approval after the assessments have been completed. This order puts you in the legal capacity as the adoptive parent of the child, with all the parental rights and duties.

Additional Points to Remember:

• Focus on Child's Well-being: The JJ Act provides child-friendly procedures that enhance the likelihood of appropriate and safe placement of the child. 
• Transparent Matching: CARA helps in the clear procedure of matching that takes into consideration the compatibility between the adoptive parents and the child. 
• Inter-country Adoption: Inter-country adoption is also regulated by the JJ Act but this involves different provisions and processes coordinated through the Ministry of WCD. 

Adoption as a Single Mother Under the JJ Act

The JJ Act allows single women over 21 years old to adopt. Here's a breakdown of the process specifically for single mothers:

Eligibility:

• You must be a single woman above 21 years old.
• There are no restrictions based on religion.
• You must be at least 21 years older than the child you wish to adopt.

The Process:

Follow the same steps mentioned earlier for the general JJ Act adoption process. Here's a quick recap:

1. Registration with CARA
2. Home Study
3. Matching and Counselling
4. Court Order

Additional Tips for Single Mothers:

• Be patient: It may include certain waiting times so be ready for that the process will take some time. 
• Seek Support: It may be useful to become a member of groups where single parents planning on adopting are found. Possible help and support the main groups can give. 
• Talk to a Lawyer: Professional advice from an attorney experienced in adoption law is therefore advised. They can help you understand the legalities of it and then help you to do it without any hitch.

I’m a single male, can I adopt a girl child?

No, in India, single males are barred from adopting a girl child but a single male citizen of any country where child adoption is permitted can take a girl child for adoption from India. This is according to the guidelines set by the Central Adoption Resource Authority (CARA) which is the nodal agency for adoption in India. The rationale behind this restriction is to avoid any form of exploitation of girl children in the country. Here are some other things to know about adoption in India: 

• Single females can adopt children of any sex. 
• Adoption requires permission of both parents if the couple is married. 
• There are also essential criteria to be fulfilled before admitting the patients to the facility; among them are, financial capability and psychological fitness.

Can I adopt a child under Muslim personal law?

Muslim law does not recognize conventional adoption. Nonetheless, you can engage in “Kafala” (guardianship), where you take care of the child and feed him/her. The person still has legal custody of the child by his or her birth parents.

What are the key points about Kafala?

• While being a Kafala provider, there are no restrictions as to the education and occupation of the individual; it only requires the person to be a Muslim adult with monetary means and good character.
• It is suggested that the parties should adhere to their verbal agreement; however, it is advisable to put the responsibilities in writing to avoid future misunderstandings and conflicts.
• The child belongs to their natural parents and not to the adoptive parent.
• From the points discussed above, it can be concluded that the kafala can be terminated under some circumstances.

What are some limitations of Kafala?

• They are partial guardians and do not have any right to alter such aspects as the child’s name or its paternal line.
• As indicated earlier, kafala is principally practiced among the Muslims.

Are there other options for caring for a child?

Yes! You can:

• Sponsor a child: Offer money and all methods of encouragement without expecting any rights over the child.
• Raise the child within your family: One of the forbidden things is to foster a loving environment but with permission you can avoid this.

What if I want to adopt a child from another religion (e.g., Hindu)?

HAMA is for Hindus, Buddhists, Jains, and Sikhs for the adoption and maintenance of children. For instance, the Juvenile Justice (Care and Protection of Children) Act (JJ Act) may offer a better solution.

What are the benefits of the JJ Act?

• Available for any religion and lets you adopt a legally available child and become a guardian.
• More emphasis is laid on the safe place of the child and offering him or her a home where he or she can be loved and pampered.

What should I keep in mind before adoption under the JJ Act?

• It takes time and it cannot be ascertained that the applicant will be paired with a child of a certain faith.
• If you select the JJ Act, ensure the child’s safety, acknowledging their right to practice their faith and liking their birth parents (if permissible).

Adoption for NRIs & OCI Card Holders in India

Are you an NRI (Non-Resident Indian) or OCI (Overseas Citizen of India) cardholder considering adoption in India? 

Great news! You can adopt those children who have been abandoned, deprived of parental care, or have been surrendered under the provision of the Juvenile Justice (Care and Protection of Children) Act (JJ Act) 2015 (amended 2021). This guide also sheds a lot of light on NRIs and OCI card holders regarding the eligibility, procedure, and things to consider.

Eligibility Check!

• Who can adopt? Single men, women, and married couples can adopt, with no religious restrictions.
• Age requirement? You must be at least 21 years old and at least 21 years older than the child you wish to adopt.

Requirement and standard for adopting children in India for NRI/OCI candidates 

General Eligibility (same as resident Indian parents):  

• Health: Mentally and physically fit to raise a child and or emotionally stable to raise a child. 
• Finances: Physically capable of caring for the child and must be financially secure to provide for the needs of the child. 
• Criminal Background: With no convictions or accusations of criminal activities that are dire to child rights. 
• Marital Status:  
  • Married Couples: Consent of both spouses is required for adoption.  
  • Single Women: Can adopt a child of either gender he/she likes. 
  • Single Men: A girl child cannot be adopted. 

•  Age: 
  • Minimum Age: Twenty-one years of age. 
  • Maximum Age: The duration also depends on the age group of the child as indicated below; 
  • Age Difference: Seventy percent minimum age of the child who is up for adoption must be at least 25 years away from either of the adoptive parents. 

• Exceptions: Age criterion doesn’t apply when the proposed adoptee is the relative or step-parent of the adopter.

Ready to Begin? Let's break down the process:

• Registration with CARA (Central Adoption Resource Authority): Online or Offline? Register online at https://cara.wcd.gov.in/ or contact a CARA-authorized Specialized Adoption Agency (SAA).

• Home Study:  Assessment by a Social Worker: A home study by a social worker, which could be virtual or by a social worker from a local agency that is approved by CARA will then evaluate you for your fitness to be an adoptive parent. 

• Matching and Counselling: Finding the Perfect Fit, With the compatibility factors, CARA will look for a child that you will best fit. 

• Pre-adoption Guidance: Engage in pre-adoption counseling that will be on a virtual or face-to-face basis depending on your location. 

• Court Order: Submit a petition to one of the Special Courts recognized in India (and perhaps with the assistance of a lawyer). If the court approves, it confirms and provides a final adoption order. 

I am an NRI/OCI cardholder and I'm interested in adopting a child in India. What is the maximum age limit for me to adopt?

The age limit for the adoption of a child in India as an NRI/OCI card holder depends on the age of the child as follows: In the case of married people, the numbers can be the ages of the couple, and the husband and wife, their total sum cannot go beyond a certain number. Likewise, single parents also have a certain age bar which should be adhered to. 

Here's a breakdown: 

• For children up to 2 years old: Couples cannot be older than 85 years together and single people cannot be older than 40 years of age. 
• For children between 2 and 4 years old: The age limitation concerns the total age of couples, which should not exceed 90 years; single parents – 45 years old. 
• For children between 4 and 8 years old: The requirements which include age restrictions state that males should be less than or equal to 100 years together with their female partners, the males who have children but are single should be less than 50 years. 
• For children between 8 and 18 years old: The maximum age for couples is 110 years and for single parents it is 55 years of age. also, there is a rule that an adopter and a child cannot be closer in age by less than twenty-five years. 

Important Considerations for NRIs & OCI Card Holders:

• Inter-country Adoption: If you plan on taking the child to another country, then there may be more procedures under the Hague Adopted Children Convention. 

• Travel Documents for the Child: For one to acquire the travel documents /passport for the child there might be other procedures that would need to be followed. 

• Post-adoption Follow-up: In case the situation aggravates, CARA can once in a while conduct a follow-up remote consultation with the child or liaise with the relevant departments in the aforementioned country as regards the child’s status. 

• Get Expert Advice: It would therefore be more beneficial to consult a lawyer specializing in NRIs or OCI card holders’ rights and wrongs on adoption to get very specific on the law with legal consultation.

In-Country Relative Adoption in India

I want to adopt a relative child in India. What do I need to do?

Here's a simplified guide to get you started:

• Register on CARINGS Portal: This is the online platform for adoption in India and probably one of the best in the world. Some of the documents you will be required to provide include those that demonstrate the nature of your relationship with the child as per Schedule VI. 
• Get Consent: If needed legal authorization from the biological parents of the child (Schedule XIX) or the Child Welfare Committee (Schedule XXII). 
• Child's Consent (if applicable): Consent is always mandatory if the child is five years old or more above. 
• Financial & Social Verification: A financial affidavit (Schedule XXIV) would be deemed necessary to ensure that you are financially fit to adopt and fully capable of providing for the child physically, emotionally, and materially. The District Child Protection Unit will also be in a verification process. 
• State & Central Approval: After this administrative route is finalized your case will be processed by the State Adoption Resource Agency and then sent to the Central Authority for final processing and approval. 
• District Magistrate Approval (if foreign passport): If you possess an international passport, there can exist some extra procedures you can be forced to undergo. The Central Authority will consult. 
• Court Application: After the approval of the above-said lists by the district Child Protection Unit, the District Child Protection Unit shall present an application to the District Magistrate for finalization. 
• Adoption Order: Once it is accepted by the District Magistrate, you will get the certified copy of the adoption order. 

Inter-Country Relative Adoption in India

I'm an NRI/OCI and want to adopt a relative in India. How do I begin?

The process involves your home country and India. Here's a basic roadmap:

• Home Study Report: Get one from an authorized agency in your country. They'll register you on the CARINGS Portal (https://cara.wcd.gov.in/)
• Child's Background Report: Indian authorities will prepare a report on the child you wish to adopt.
• Hague Convention Certificate (if applicable): This is needed for countries following the Hague Adoption Convention.
• No Objection Certificate (NOC): India's Central Adoption Resource Authority (CARA) issues this after receiving all documents.
• Court Application: File in India with the child's local District Magistrate.

For detailed information and the latest regulations, consult the CARA website or seek legal advice.

https://cara.wcd.gov.in/