Adoption procedure

Introduction

Child adoption is seen as an increasing trend in India and across the world. Most adoptions are
either because the parents are not able to have their own kids or because they want to support and
give a new lease of life to a child who has been left alone in the world. Earlier considered a taboo
in India, adoption is now considered and spoken freely in the Indian society. In India, as across
many other countries of the World, there are rules and regulations which govern the adoption of
a child.

Definition

Adoption is the process through which a child becomes the lawful child of his adoptive parents
with all the rights, privileges and responsibility of a biological child.

Laws Governing Adoption in India

Adoption law in India is in conjunction with the personal laws of individual religion and
therefore, adoption is not allowed as per the personal laws of Muslims, Christians, and Hindus in
the country. However, an adoption can be made from an orphanage under the Guardians and
Wards Act, 1890, subject to court’s approval.

Indian citizens who are Hindus, Jains, Buddhists or Sikhs are allowed to adopt a child formally
and the adoption is as per the Hindu Adoption and Maintenance Act, 1956 which was enacted as
part of the Hindu code bills.

Adoption of abandoned, surrendered or abused children is governed by the Juvenile Justice (Care
and Protection of Children) Act, 2015.

Stakeholders in adoption procedure

1. Central Adoption Resource Authority (CARA)

2. State Adoption Resource Agency (SARA)
3. Specialised Adoption Agency (SAA)
4. Authorised Foreign Adoption Agency (AFAA)
5. District Child Protection Unit (DCPU)
Eligiblilty to Adopt a Child in India:

In India, the adoption process is monitored by Central Adoption Resource Authority (CARA)
which is the nodal agency to monitor and regulate in-country and intra-country adoption and is a
part of Ministry of women and child care. A child in India can be adopted by an Indian citizen,
NRI or a foreign citizen. The procedure of adoption is different for all three.

Eligibility of parents:

Age

If the child is under four, parents must be at least 25 years old and no older than 45.

If the child is between four and eight, the parents must be at least 29 and no older than 50 years
old.

If the child is over eight years old, parent must be at least 33 and no more than 55.

Gender
A single male is not permitted to adopt a female child.

Health
Parents must be in good health and have no disease, mental condition, or physical condition that
would prevent them from providing proper care to a child.

Marital Status

In case a couple is adopting a child, they should have completed at least two years of stable
marriage and should have a joint consensus for adoption of the child.

Employment

Parents must meet the CARA definition of financial capability. Speak to an adoption
professional for details on financial requirements.

Number of Children
Adoptive families must have fewer than four children in order to adopt a child in India.
Eligibility of Child:

As per the guidelines of the Central Government of India, any orphan, abandoned or surrendered
child, declared legally free for adoption by the child welfare committee is eligible for adoption.
(A child is said to be an orphan when the child is without a legal parent or a guardian or the
parents are not capable of taking care of the child anymore. A child is considered abandoned on
being deserted or unaccompanied by parents or a guardian. A surrendered child is one who has
been relinquished on account of physical, social and emotional factors which are beyond the
control of parents or the guardian and is so declared by the child welfare committee).

In order to be adopted, a child needs to be “legally free”. On receipt of an abandoned child, the
District Child Protection Unit puts up an alert with the child’s photograph and details in state-
wide newspapers and request the local police to trace the parents. The child is considered legally
free for adoption only after the police has given a report stating that the parents of the child are
non-traceable.

Parents demand for a Specific Child

The prospective parents cannot ask for the adoption of a specific child, hence if they are only
looking for newborn baby adoption however it may not completely be possible. However, they
can give their preferences, which may include:

 Age
 Gender of the child
 Skin colour
 Health condition (parents can specify if they want to adopt a child with a physical or
mental disability)
 Religion

In cases where preferences are specified, it may take more time to match a child of their choice
as the conditions will reduce the pool of kids available for adoption.

Documents required for Adopting a Child

 Adoption application
 4 x 6 size photographs – 4 copies of husband and wife together
 Marriage certificate and proof of age
 Reason for adoption
 Latest HIV and Hepatitis B report of the couple
  Income certificate
 Proof of residence
 Investment details
 Reference letter from 3 people
 Any other document which may be required by the agency or the court

Adoption procedure

The procedure for adoption of a child in India can be understood in the following steps:

Step 1 – Registration: Prospective adoptive parents need to get registered with an authorized
agency. Recognised Indian Placement Agencies (RIPA) and Special Adoption Agency (SPA) are
the agencies which are allowed to make such registrations in India. The prospective adoptive
parents can visit the Adoption Coordination Agency in their area where the social worker will
explain the process and take then through the formalities, paperwork and general preparation
required for registration.

Step 2 – Home Study and Counseling: A social worker for the registration agency will make a
visit to the home of the prospective adoptive parent in order to do a home study. The agency
might also need the parents to attend counselling sessions in order to understand the motivation,
preparation, strengths and weaknesses of the prospective parents. As per CARA regulation, the
home study needs to be completed within 3 months from the date of registration. The conclusion
from the home study and counselling sessions is then reported to the honourable court.

Step 3 – Referral of the Child: The agency shall intimate the interested couple when-ever there is
a child ready for adoption. The agency will share medical reports, physical examination reports
and other relevant information with the couple and also allow them to spend time with the child
once they are comfortable with the details shared.

Step 4 – Acceptance of the Child: Once the parents are comfortable with a child, they will have
to sign a few documents pertaining to acceptance of the child.

Step 5 – Filing of Petition: All necessary documents are submitted to a lawyer who prepares a
petition to be presented to the court. Once the petition is ready, the adoptive parents will have to
visit the court and sign the petition in front of the court officer.
Step 6 – Pre-Adoption Foster Care: Once the petition is signed in the court, the adoptive parents
can take the child to a pre-adoption foster care centre and understand the habits of the child from
the nursing staff before taking the child home.

Step 7 – Court Hearing: The parents have to attend a court hearing along with the child. The
hearing is held in a closed room with a judge. The judge may ask a few questions and will
mention the amount which needs to be invested in the name of the child.

Step 8 – Court Order: Once the receipt of investment made is shown, the judge shall pass the
adoption orders.

Step 9: Follow Up: Post completion of the adoption, the agency needs to submit follow up
reports to the court on the child’s well-being. This may continue for 1-2 years.

Nurses role in Adoption procedure

 Nurse should know state laws regarding adoption.

 Stay up-to-date to policies and procedures.

 Nurse should clarify the parents queries.

 Respect the couples decision.

 Nurse should educate the parents about special needs and care of the child.