Adoption in India is governed by the Juvenile Justice (Care and Protection of Children) Act, 2015, and the guidelines issued by the Central Adoption Resource Authority (CARA). Here’s an overview of the adoption laws in India:
1. Who can adopt?
Individuals: Any single male or female is eligible to adopt a child. However, a single male is not eligible to adopt a girl child.
Married Couples: A married couple needs to adopt jointly. The age difference between the adoptive parents and the child should not be less than 25 years.
2. Eligibility Criteria:
The adoptive parents should be physically, mentally, and emotionally stable. They should financially be capable to provide for the child’s upbringing. The age of the adoptive parents matters, and there are guidelines specifying the permissible age difference.
3. Types of Adoption:
Domestic Adoption: Adoption of a child who is a citizen of India and resides in India.
Inter-Country Adoption: Adoption of a child who is a citizen of one country by adoptive parents who are citizens of another country.
4. Central Adoption Resource Authority (CARA):
CARA is the nodal agency responsible for the regulation and monitoring of adoption activities in India.
Prospective adoptive parents (PAPs) need to register with CARA before adopting a child.
5. Adoption Process:
Registration: Prospective adoptive parents need to register online with CARA. Home Study Report (HSR): A social worker conducts a home study to assess the suitability of the adoptive parents.
Referral: CARA identifies a child for adoption and refers the child’s profile to the prospective adoptive parents.
Acceptance of the Child: If the adoptive parents accept the referral, they need to travel to the child’s place of residence.
Adoption Order: After the stipulated pre-adoption foster care period, the court issues an adoption order.
Post-Adoption Follow-up: CARA requires periodic post-adoption follow-up reports.
6. Documents Required:
Identification and address proof, marriage certificate (if applicable), income proof, health certificates, and other documents as specified by CARA.
7. Prohibition of Child Sale and Trafficking:
Adoption is governed by the principle that it should be in the best interest of the child, and it prohibits any form of child sale or trafficking.
8. Post-Adoption Rights and Responsibilities:
The adopted child has the same rights as a biological child, including inheritance rights.
The adoptive parents are legally responsible for the well-being and upbringing of the adopted child.
Q What are the Legal Rights of an adopted child
In India, the legal rights of an adopted child are primarily governed by the Juvenile Justice (Care and Protection of Children) Act, 2015, and the guidelines issued by the Central Adoption Resource Authority (CARA). Here are the key legal rights of an adopted child:
1. Right to Maintenance and Support:
An adopted child has the right to maintenance and support from the adoptive parents. The adoptive parents are legally responsible for the well-being and upbringing of the adopted child, including providing for their education, healthcare, and other needs.
2. Right to Inheritance:
An adopted child has the right to inherit the property of the adoptive parents. The adopted child is treated on par with biological children for matters related to inheritance and succession.
3. Right to Education:
An adopted child has the right to education, and the adoptive parents are responsible for ensuring that the child receives proper education.
4. Right to Care and Protection:
The adopted child has the right to care, protection, and a safe living environment. The adoptive parents are expected to provide a loving and nurturing home for the child.
5. Right to Identity:
The adopted child has the right to know about their adoption and biological roots. However, this information is usually shared in a sensitive manner and in the best interest of the child.
6. Right to Name Change:
Upon adoption, the child’s name can be changed to that of the adoptive family, and this change is legally recognized.
7. Right to Non-Discrimination:
An adopted child has the right to protection against discrimination on the basis of their adoption status. They should be treated with the same rights and privileges as biological children.
8. Right to Citizenship (for inter-country adoption):
In the case of inter-country adoption, the adopted child has the right to acquire the citizenship of the adoptive parents’ country, and the adoptive parents are responsible for completing the necessary legal procedures.
9. Right to Know About Adoption:
As the child grows older, they have the right to know about their adoption and may seek information about their biological parents, subject to the guidelines and procedures laid down by the adoption agency or authority.
10. Right to a Healthy and Happy Childhood: – Above all, the adopted child has the right to a healthy, happy, and supportive childhood. The adoptive parents play a crucial role in ensuring the child’s overall well-being.
Prospective adoptive parents and adopted children are encouraged to consult with legal professionals and adoption agencies to understand their specific rights and responsibilities based on the applicable laws in their jurisdiction