This article is written by Raj kartikeyan Chaudhary, a 4th year student of Lloyd law college, Greater Noida.
Have you been thinking about adopting a child in India ? The process can seem complicated and overwhelming . But don’t worry , we have got you covered . We will walk you through the adoption process in India step by step so you know exactly what to expect . By the end of this guide , you will feel prepared and empowered to start your adoption journey .
Overview of Adoption Laws in India
If you’re considering adopting a child in India, the process can seem complicated. However, by considering the laws and step by step procedure , prospective adoptive parents can navigate it successfully .
India’s adoption laws aim to protect the rights of adopted children and make the process transparent . The juvenile Justice (Care and Protection of Children ) Act, 2015, is the primary law governing adoption . It allows adoption by Indian residents and NRIs , regardless of religion , income , marital status, or sexual orientation .
The first step is to register with an adoption agency – either government – run or a registered voluntary organization. They will guide you through the home study, where the evaluate your ability to care for an adopted child.
Next, you choose a child to adopt , either through a children’s home or specialized adoption agency . The child’s consent is required for adoption if they are over 5 years old.
You will need various documents like income proof, marriage certificate , police clearance , and medical certificate . The agency then files your adoption petition in court on your behalf.
If approved , you can bring the child home on a trial basis,. After 2 – 3 months , a post – placement follow up is done . If successful , the court issues and adoption order , giving the child the same rights as a biological child.
The adoption process typically takes 6 – 18 months. While long, many find the end result rewarding. With care , compassion, and patience, adoptive parents can provide a nurturing home for a child in need.
Eligibility Criteria for Adoptive Parents
To adopt a child in India, you’ll need to meet certain eligibility criteria as prospective parents.
As an Indian citizen, you must be over 25 and under 55 years of age, financially stable, and mentally fit. Non- Indians are only eligible if they’ve lived in India for at least 2 years. Both single men and women can adopt in India .
Married couple must have been married for at least 2 years. Both spouses must consent to the adoption. If you’re separated or divorced , you’ll need additional documentation providing you can provide a stable home environment .
Your income should be sufficient to care for a child. This is evaluated on a case- by-case basis. Some agencies may require home studies to determine if you can provide adequately for a child’s needs.
You cannot have any criminal history or legal disputes regarding custody if a biological child. Background checks will be run to verify this.
Health standards require you be in adequate physical and mental condition to raise a child. Some medical testing may be required, especially for those over 50 years of age.
Once approved, the adoption process can begin. But meeting the initial eligibility criteria is the first step to providing a loving home for a child in need of one . With patience and perseverance, the rewarding journey of adoption in India can start here.
Steps to Take Before Starting the Adoption Process
Before beginning the adoption process in India, there are a few important steps prospective parents should take.
Do your research
Learn all you can about adoption laws and procedures in India. The central Adoption Resource Authority (CARA) oversees adoptions and has guidelines on their website. Educate yourself on the different types of adoption – intra country, inter-country, relative, and special needs. Determine which is right for station.
Decide on an adoption agency
Work with a licensed Indian adoption agency. They will guide you through the required paperwork and legal procedures. Do some research to find an agency that suits your needs. Ask about their licensing, experience, adoption programs offered and fees.
Prepare your paperwork
There are many documents needed for the adoption process like identity proof, marriage certificate, medical reports, and police clearance certificates. Start gathering the necessary paperwork, as the application process can take 6-18 months
Attend orientation and counselling
Most agencies require prospective parents to attend orientation and counselling sessions. This helps ensure you understand the challenges and responsibilities of adoption. Counselling addresses any concerns and prepares you for parenting an adopted child.
File your adoption application
The adoption application , along with all supporting documents, is filed in family court. The agency will help you through this process. The application is reviewed, and if accepted, a ore-adoption foster care order is issued. The child is then placed in your care for 2-6 months before final adoption .
Finalise the adoption in court
If all goes well during the foster care period, you will go to court to complete the final adoption procedures. The court issues an adoption order, legally declaring you as the child’s parents. Congratulations! Your new son or daughter can now come home permanently.
The road to adoption in India has many twists and turns . But with patience, perseverance and the right resources, you can navigate it successfully. Focus on educating yourself , finding a good agency for guidance, and gathering the necessary documentation. Fulfilling the ore-adoption requirements and foster care period leads to the joyous day when you can finally welcome your child into the family .
Walkthrough of the Adoption Process From Start to Finish
Once you gave decided that adoption is the right path for growing your family, the process to adopt a child in India typically follows a few key steps:
Apply to Adopt
To get started , you’ll need to apply to one of India’s adoption agencies that work with prospective adoptive parents, such as CARA or a state adoption resources agency . You’ll go through an application. Process that includes background checks, references, and a home study .
Be matched with a child
If your application is approved , you’ll be put on a wait list to be matched with an adoptable child. The wait time can vary significantly based on factors like the age, needs, and characteristics of the child you hope to adopt. When a potential match is identified , the adoption agency will provide information about the child for you to review. If you accept the match , you’ll proceed to the next step.
Obtain court orders and travel to India
Once matched , you’ll work with the adoption agency and the Indian court system to obtain the necessary court orders and legal paperwork to finalise the adoption. These court orders typically take around 4 to 6 months to obtain. When all the paperwork is in order, you’ll travel to India to take custody for your child.
Legal finalisation and return home
After arriving in India , you’ll participate in a legal ceremony to finalise the adoption . Following a mandatory waiting period of 2 -4weeks where you bond with your child, you can return hone as a newly official family! Some additional steps like obtaining a passport, exit visa and U.S citizenship or permanent residence of your child may also be required before returning home.
The adoption process in India does involve many bureaucratic hurdles, but by working closely with a reputable adoption agency, following each step carefully , and staying patient through delays, you’ll navigate the system successfully and bring your new child home. With love and patience , the long process will be well worth the reward!
Post adoption requirements and support available
Once the adoption is finalized, there are a few post- adoption requirements and resources new parents should be aware of.
Reporting requirements
As new adoptive parents, you will need to submit progress reports on your child for the first five years. These reports provide updates on your child’s health, development, and adjustment to your new home. Your adoption agency will provide the necessary forms and let you know when reports are due.
Medical car
It’s important to take your child for a full medical exam with in the first month of adoption. This establishes A baseline and can uncover any previously undiagnosed medical issues. Be sure to share your child’s medical history with doctors so they may have the full picture of your child’s health and development.
Counselling and support groups
Adopting a child brings both joy and challenges. Seeking counselling or joining a support group can help you work through difficulties, learn parenting techniques for adopted children, and connect with other adoptive parents. Check with local adoption agencies, children’s hospitals, or national organisations like Indian adoption project for resources in your area.
Government benefits
As adoptive parents, you may be eligible for certain benefits and Tax incentives like adoption leave call my medical insurance , and tax deductions. Requirements vary by state, so contact your local government agencies to determine what benefits you may qualify for.
The adoption process can be long and complicated , but with the proper post-adoption care and support, you’ll be on your way to a rewarding new chapter of life with your child. There are many resources and a community of people here to help you along the journey.
Conclusion
So there you have it, the adoption process in India laid out step by step . While the journey can seem long and complicated, many parents will tell you that adopting a child is one of the most rewarding experiences of their lives . If you go into it with realistic expectations about the timelines and requirements, do your research, and ask questions when needed, you’ll navigate the process successfully.
At the end of it all, you’ll have a new family member to call your own. Best of luck to all the prospective parents out there- may your adoption dreams come true!
References :
- The juvenile justice (care and protection of children) act 2015.
- Central adoption resources authority (CARA).
- Article on legal service India.com ,
- Article by Mr. Suraj Chaudhary on the website called medium, https://medium.com/@surajchaudharyaseps/child-adoption-law-in-india-a-comprehensive-guide-to-the-adoption-process-316a17d248ea
- Article by marg ERP limited.
https://margcompusoft.com/m/child-adoption-process-in-india/