Challenges and Opportunities in the Legal Adoption Process in Chandigarh

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Adoption is the deepest act of love and commitment that changes lives through the gift of family. It gives an opportunity that is singularly beautiful and unique, the ability to create a nurturing environment for a child in need and to forge bonds that go beyond the realm of biology.

While the act is tethered with humanity, yet legality finds its way to make it genuine and trustworthy for the future of the adopted ones.

So, if some kind heart out there is planning to take up legal adoption in Chandigarh or elsewhere in India, we are here with insight into its challenges and opportunities to help you better.

Read more to know more.

Legal adoption is a formal procedure whereby a person or persons become the legal parents to a child biologically not their own. It involves a number of legal procedures under the adoption act in Chandigarh, India for transferring the right and responsibility of the child from the biological parents or guardians to the set of adoptive parents. The result is to render the child a stable, loving, and legally recognized family environment.

Legal adoption guarantees the child all legal rights similar to a blood child, such as inheritance rights, access to medical history records, and support from parents.

Here comes the procedure involved in legal adoption in India.

The adoption procedure in India is quite lengthy, yet designed with so much preference to the welfare of the child in adoption. So, here are the steps involved in adoption.

Step 1: Registration of the interested prospective adoptive parents (PAPs) on the website of CARA.

Step 2: After registration, a social worker will conduct a home study regarding the eligibility of the PAPs for adoption.

Step 3: Once approved, PAPs are matched with a child based on their preferences and eligibility. They are provided with a referral that includes the child's photograph, their medical history, and other details.

Step 4: Some time is then provided for the acceptance of the child upon receipt of the referral. This has to be attested through the signing of acceptance documents by the PAPs.

Step 5: The adoption agency files a petition in court on behalf of the PAPs.

Step 6: Follow-up visits by the social worker to check on the well-being and adjustment of the child after adoption into the new family.

Step 7: After the court order, a new birth certificate is issued in the child's name, showing the adoptive parents as the legal parents.

There are a significant number of challenges that await in the pursuit of legal adoption in Chandigarh and elsewhere in India. Some of them are as follows:

  • Lengthy and Complex:

    Adoption in India may be a very lengthy process, including many legal steps, documents to be drawn, and court proceedings instructed as per the adoption laws in India. That might involve delays, sometimes for years.
  • Limited Availability of Children:

    Although there are millions of orphaned and abandoned children in India, only a few hundred are legally available to be adopted, since the passage of legal and bureaucratic hurdles remains a time-consuming process.
  • Tiresome Agency Processes:

    The process is generally carried out with the involvement of various government agencies, and the bureaucratic system can sometimes be hard to navigate. Delays in paperwork, long processing times, and differential application of laws can often frustrate PAPs.
  • Stringent Eligibility Criteria:

    India has stringent eligibility criteria for both the country of origin and the receiving adoptive parent couple. This sometimes does make even well-intentioned prospective adoptive parents shy away from a process of exclusion based on criteria such as age, marital status, health, and financial stability.
  • Social stigma and cultural factors:

    Adoption is still socially stigmatized in some parts of India, especially in adopting children belonging to a different caste, religion, and background. This puts more emotional-social challenges on the adoptive parents and the child.

    Though many factors such as the adoption law in Chandigarh and elsewhere make adoption complex, there are opportunities for the same which are explored below.

Crossing through the hurdles of legal adoption unlocks a great level of opportunities which include the following:

  • Building families for diverse people such as infertile couples, single individuals, etc.
  • Opportunity to change the lives of children longing for love, affection, and care, and ensure a safe and secure future for those children.
  • Children with special needs ready for adoption will find a better living environment with people showing compassion and empathy.
  • In-country adoption is possible for Indian citizens and Non-Resident Indians, while families from other countries can adopt through the Hague Convention process. This raises the chances of prospective adopting parents and increases the number of children finding permanent homes.
  • Indian adoption laws open the window for the adoption of older children in need as well.

The best step towards a successful adoption process in India is to take up the support and service of top legal firms such as ours, AM Partner, the top legal firm in Chandigarh.

With expert legal professionals and advisors, we provide the best legal support for prospective parents and make the adoption process comfortable, easy, and enjoyable.

As a leading legal firm in Chandigarh, we ensure that your adoption process is completely legalized leaving no room for future legal issues.

Conclusion

While a lengthy agenda sticks to the process of legal adoption in Chandigarh and elsewhere in India, still it is possible. So, never hesitate or step back from the overwhelming legal process of adoption, we have your back with the best legal support and services available.

FAQs

The legal process for adoption in India involves registration, verification and counseling, child trial and monitoring followed by legal adoption with a birth certificate issued by the court.

Under the new adoption law of India, enunciated through the Juvenile Justice, Care and Protection of Children) Amendment Act, 2021, district magistrates have now been vested with powers for issuing adoption orders. It is a step toward easy and less time-consuming processes. The proposed legislation will also enhance the role of CARA in ensuring better regulation and monitoring of adoptions all over the country.

  • A single woman may adopt a child of either sex, while a single male may adopt only a male child.
  • The adoptive parent must meet the age, financial stability, and other laid-down criteria of the Central Adoption Resource Authority.
  • A minimum of 25 years of age is mandatory for the adoption of a child in India.