How to Adopt a child in India: Procedure for Adoption in India

 Procedure for Adoption in India

About 20 million children, about 4% of their population in India and higher than people living in Delhi, are orphan. Of them, parents of only 0.3% children have died and rest have been abandoned.

India has the highest population of children below the age of 18 --- 41% of the total population. Although over 4% of them are orphan as per the study, around 13% of them live with either of their parent.

Adoption

What is the exact process of adoption in India?

 Step 1 – Registration

Prospective adoptive parents need to get registered with an authorized agency. Recognized 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 you 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 Central Adoption Resource Authority 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 center 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.

Frequently Asked Questions

Do adoption procedures in India differ from one state to another? 

Adoption laws are common across India and must be distinguished from guidelines followed in adoption procedures, which do differ from one state to another. While the macro steps in the adoption procedures in India are similar across agencies, there may be chances of more legwork or paperwork than you had initially been informed of. You can adopt from any Indian state, but your home study will be done by the Adoption Coordinating Agency of the state you currently reside in and then can be transferred.

The CARA Guidelines which all states are required to follow can be found here:

http://cara.nic.in/PDF/Regulation_english.pdf

Is there a minimum/maximum age limit for prospective adoptive parents in India? 

The adoptive parent and child should have an age difference of 21 years or more. Couples with a combined age of less than 90 (with neither spouse older than 45) are eligible to adopt an infant. For older and special needs children, the agency has the discretion to relax the age limit for the prospective parent up to 55 years.

Most agencies prefer couples to have been married for at least 5 years before adopting a child; however, this is again at the discretion of the agency. A single person between age 30 and 45 years can adopt a child.

Can I adopt if I already have a child? 

Yes. The gender of the child becomes a factor here. The Hindu Adoption and Maintenance Act, 1956 (under which Hindus, Jains, Sikhs, Buddhists and Arya Samaj adopt) allows you to only adopt a child of the opposite gender to the one you already have. There are no such diktats under the other 2 adoption laws, namely the Guardians and Wards Act, 1890 and the Juvenile Justice Act which has enabled many Indians to adopt a child of the same gender. Your child, if old enough, will be asked to express her views on the adoption, in writing.

Does adoption ensure the same legal rights as for a biological child? 

Under the Hindu Adoption and Maintenance Act, 1956 a child adopted by a couple has the same rights as a child born to those parents. Neither the adoptive parents nor the child can overturn a valid adoption. Adoptions under the Guardians and Wards Act, 1890 only appoint the couple as guardians and the child as ward and do not grant permanent rights to name, religion, maintenance or inheritance. This necessitates extra precautions to protect the child’s rights.

Can a single/divorced woman adopt? 

Yes, divorced or been widowed, can adopt a son or a daughter. She will have to also show an additional family support system and may have to appoint a guardian for her child, in the event of her untimely death.

Can a single/divorced man adopt? 

Yes, as per Central Adoption Resource Authority, a single parent has equal legal status to adopt a child, and to deny him/her on grounds of single status is not only a violation of his/her legal right, but also his/her constitutional right guaranteed under Article 14 and 15. A single male can adopt only a son.

How much does adopting a child in India cost? 

The Hindu Adoption and Maintenance Act, 1956 prohibits payments made or demanded in consideration or reward for adoption to the birth parents, agency or relinquishing guardians. These payments amount to trafficking in children, and may result in imprisonment or a fine or both.

Central Adoption Resource Authority (CARA) has a fixed fee structure for adoption. Charges outside the stipulated headings are not legal.

1. Registration fees: Rs. 200
2. Home study report: Rs. 1000 + actual travel allowance (TA)
3. Maintenance charges not exceeding Rs. 15,000 at the rate of Rs. 50 per day from the date of admission until placement in foster care.
4. In the case of special medical care, hospitalization charges subject to a maximum of Rs. 9000 may be claimed on production of actual bills.
5. Legal fees and scrutiny fees are as per actuals.

As specified in the Adoption Regulations 2017:

1. Fee for the Home Study Report i.e Rs.6000/-
2. Child care corpus fees i.e. Rs.40,000/-
3. For each post-adoption follow-up visit Rs.2000/- will be charged (Total 4 visits-half yearly, in 2 years).

How can one find the status of one’s application for adopting a child? 

Keep in regular touch with the agency you registered with. As per Central Adoption Resource Authority, the agency must do the home study within 3 months of the date of registration. You have a right to know from the agency about developments or reasons for delay. As of now, there is no centralized database of waiting parents or children that would help you know your status.

Is there a minimum income level for a parent(s) to be eligible to adopt a child?

The Adoption Regulations 2017 does not specify minimum income levels in the eligibility criteria for prospective adoptive parents. However, while conducting the home study the social worker will assess the capability and motivation of the prospective adoptive family to provide reasonable living standards to the child.

Can a person of any religion or caste adopt?

Yes, there are no restrictions based on caste or religion under the Juvenile Justice (Care and Protection) Act, 2015.

Are differently-abled couples eligible to adopt a child?

Yes, differently-abled couples are eligible to adopt. Depending on the nature and extent of disability, while preparing the home study report the social worker would assess whether the prospective adoptive family has the support required for parenting a child.

I want to adopt a newborn child. Can I adopt?

No, newborn child cannot be adopted. Adoption of every child requires them to be declared legally free for adoption through Child Welfare Committee under Juvenile Justice (Care and Protection) Act, 2015. The process usually takes at least two months to complete. Therefore, no new born child can be placed in adoption prior to completion of the process.

What is the role of Central Adoption Resource Authority (CARA)?

CARA is the Central Authority of India mandated to promote & facilitate domestic adoptions, regulate Inter-Country adoptions and frame Adoption Regulations as per Section 68 of the JJ Act(C&PC), 2015.

What is the role of a Specialized Adoption Agency (SAA) in adoption process?

Role of SAA is to provide care and protection to every child in its institution. They also facilitate the process of adoption for the children in its institution as well as in the Child Care Institutions linked to the SAA.

What are the documents to be submitted for adoption?

The list of documents to be uploaded is given in Schedule VI of the Adoption Regulations 2017. You are requested to upload the following documents within a period of 30 days:

• 1. Photograph of person/s adopting a child (Post Card Size)
  2. Birth Certificate
  3. Proof of Residence (Aadhaar Card/Voter Card/ Driving License/ Passport/ Current Electricity Bill/ Telephone Bill
  4. Proof of Income of last year (Salary Slip/ Income Certificate issued by Govt. Department/ Income Tax Return)
  5. In case you are married, please upload Marriage Certificate
  6. In case you are divorcee, please upload copy of Divorce Decree
  7. In case of death of your spouse, please upload Death Certificate of spouse
  8. Certificate from a medical practitioner certifying that the PAPs do not suffer from any chronic, contagious or fatal disease and they are fit to adopt.