An NGO has hired you as a social worker to explain the legal process of adopting a child. You have to explain the entire legal process of adopting a child. This adoption and decision-making process is long and complicated. Because the prospective parents may also face legal handles. The Juvenile Justice Board in India can adopt a child who is committed to the Court. Procedure for adoption under the Guardians and Wards Act, 1890 (GAWA), the Central Adoption Resources Authority (CARA) is the primary adoption statutory body in India. This process includes both in-country and inland adoption systems. For this, it is necessary to go through a long process in which the first step is to register. Necessary information has to be given on an online portal under the Central Adoption Resource Authority (CARA). Prospective parents are required to provide information regarding adoption preference. You are required to provide all your identity documents including birth certificate, marriage certificate, income tax returns, medical certificate, etc. After completion of these formalities, a registration number is provided to the prospective adoptive parents. After completion of these, the second phase is of home study, under which the physical verification of the prospective parents is done by visiting their homes. The 3rd stage is that of proper matching of the child and the parent in which priority is given to an environment conductive to the development of the child. The fourth and most important step is the completion of the rules of the entire Court process under which the child is handed over to the prospective parents.
- What are the eligibility criteria for adoption of a child in India?
- What are the major steps in the legal process of child adoption?
- Which children can be adopted under the law of India?
- Who can adopt a child under Indian Law?
- The process of child adoption in India is very complicated. Explain.
1. The eligibility criteria for adoption of child are
-The parents who want to adopt a child their age must be 25 year and more than 55 year old. The couple combined agr must be between 50 and 90 year.
– the gap between child and parents must be at least 21 years
-married couples and single individual can adopt a child but some rule can be vary for example, single male cannot adopt a girl child in some cases
– the parent must be physically and mentally healthy by confirming medical certificate they dont have any mental and physical serious illness this hinder their ability to care a child
– adoption authority must conduct a background check to ensure the parent environment is safe or not to raising a child
2. Major steps for legal adoption of child are
– providing details personal information such as birth certificate, marriage certificate and financial details like ITR.submiting medical report confirming their physical and metal health are okay
Once registration, a unique registration number is issued to parents
After registration, authority should visit the parent home to ensure the save environment of child and cheak the living conditions of family and also interview their family ,friends and neighbours about the parents. This process take few weeks and results details home study
– checking child is able to go with the parents, or he does not face any problem.
-after the court approval and finalize From the juvenile justice board or family court adoption is completed.
3. Those children who needed special care and protection cannot be adopted. Those children have legally free from court can not be adopy
4. Married couple , single individual male or female and hindu,bhudist any religion people can adopt child.
1. To adopt a child in India, you must meet the following eligibility criteria:
Age: The age of the adoptive parents and the child must meet certain criteria:
The age difference between the adoptive parents and the child must be at least 25 years
The maximum composite age of the adoptive parents depends on the age of the child
The maximum age of a single adoptive parent is 55 years
Marital status: If you are a couple, you must have been married for at least two years
Health: You must be physically, mentally, and emotionally stable, and you must not have any life-threatening medical conditions
3. If a child is an orphan, abandoned and surrendered, a couple or a single parent can adopt him or her. Where any adoption has been made under HAMA, the provisions of this act shall not apply.
4.
Finances: You must be financially stable
Criminal record: You must not have been convicted of a criminal act or accused of child rights violation
Gender: Single female parents can adopt any gender, but single male parents can only adopt male children
Number of children: Parents already having three or more children are not eligible to adopt, except in cases of special needs .
2. The prospective adoptive parents shall file an application in Family Court or District Court or City Civil Court, as the case may be. Before issuing an adoption order, the court shall satisfy itself of the various conditions stipulated under section 61 of the Act, and regulations 51 to 56, as the case may be.
5. In India only Hindus can adopt a child legally and people belonging to other religions who are desirous of adopting a child can only take the child in ‘guardianship’ under the provisions of The Guardians and Wards Act, 1890.