Adoption is the best way for an incomplete family where no child is there to get the final puzzle piece missing in their happy life. In simple words, adoption means to legally add a child to your family who is not your blood.
However adoption is not just a long emotional journey, it is a legal one too in many ways. To ensure the safety and well-being of the child, the government has established strict rules so that the process which is made for giving a child a home is not used for any other unethical or illegal purposes.
Knowing the Adoption Act in India is essential for anyone looking to start this journey and guess what, this article may help you by making you aware of the Adoption Act in India, the process right and other main things related to adoption.
Introduction to Adoption Laws
The law was introduced after India gained independence from the British in the year 1947 and before that, India didnt have a specific law for adoption. For a long time, the only way to legally adopt was through personal religious laws, which were often limited and were used wrongly for trafficking and other illegal activities at that time.
Today, there are two main paths for adoption. One is the Hindu Adoptions and Maintenance Act (HAMA) and the other is the Juvenile Justice (Care and Protection of Children) Act. The latter is a secular law, meaning anyone, regardless of their religion, can adopt under it.
Overview of the Adoption Act
The primary objective of the adoption act in India is to provide a safe and healthy home to the child and safeguard him/her rights too. This means every rule is designed to make sure the child goes to a safe, stable and loving home.
AMA (1956): This law applies to Hindus, Sikhs, Jains and Buddhists. It allows for the total transfer of the child from the birth family to the adoptive family with some conditions. Under this act, once a child is adopted, they have the same legal rights as a biological child.
Juvenile Justice Act (2015): This is the more modern and widely used law. It allows people from any religion (including Muslims, Christians and Parsis) to adopt. It provides a very structured process that includes background checks and home studies.
The Role of CARA: CARA is the government agency that acts as the watchdog for all adoptions. They maintain a database of children available for adoption and parents who wish to adopt, ensuring that no illegal buying or selling of children takes place.
Eligibility Criteria for Prospective Parents
While the word Adoption may not sound that complex or technical but it takes a good amount of time, inspection and a lot of paperwork before the complete adoption process. First of all, let’s understand the eligibility criteria according to the Adoption Act in India.
Marital Status: Single individuals (male or female) can adopt. However, a single male is generally not allowed to adopt a girl child. Married couples must have at least two years of a stable marriage.
Age: The age difference between the child and the adoptive parents should not be less than 25 years. There is also a maximum age limit for parents; for example, if a couple wants to adopt a child under 4 years old, their combined age should not exceed 90 years.
Health: Prospective parents must be physically and mentally fit. They should not have any life-threatening medical conditions that might prevent them from caring for the child.
Financial Stability: While you don’t need to be wealthy, you must show that you have a steady income to provide for the child’s education and healthcare.
Step-by-Step Adoption Process in India
If you have ticked all the above eligibility criteria boxes, this section will inform you about the steps involved in the process of adoption under the Adoption Act in India.
1. Registration
The first step is to register online on the CARA website. You will need to upload documents like identity proof, income proof and health certificates.
2. Home Study Report (HSR)
A social worker from a recognized agency will visit your home. They talk to you to understand your motivation for adoption and check your living conditions. This report is valid for three years.
3. Referral of a Child
Once you are cleared, the agency will share profiles of children with you. You will see photographs and medical reports. You have a short window to “reserve” a child you feel a connection with.
4. Matching and Acceptance
After you reserve a child, you will meet them in person. If both the parents and the agency feel it is a good match, an acceptance document is signed.
5. Pre-Adoptive Foster Care
The child can often come home with you in “foster care” while the final legal paperwork is being prepared. This allows the child and parents to bond in a real home environment.
6. Filing the Petition
A lawyer will help you file a petition in court to finalize the adoption. Under the latest rules, this power has often been shifted to District Magistrates to make the process faster.
7. The Adoption Order
Once the authority is satisfied, they issue a final Adoption Order. This order makes you the legal parents of the child forever.
Rights and Responsibilities After Adoption
After adoption, both the child and the adoptive parents gain important rights and responsibilities. The adoptive parents have the same legal rights as biological parents. They are responsible for the child’s care, education, health and overall well being.
They must provide a safe and loving environment and support the child emotionally and financially. At the same time, the child gains the right to be treated equally, to use the family name, and to inherit property like any biological child. The child also has the responsibility to respect the parents and follow family rules as they grow older.
Adoption also ends the legal rights of the biological parents unless stated otherwise by law. This means the adoptive parents take full responsibility for the child’s future and must not compromise with it. Understanding these rights and responsibilities helps create a strong family bond and ensures the child grows up in a secure and stable home.
Challenges & Important Considerations
Adoption comes with emotional challenges as both the child and parents need time to adjust to a new family environment and this must be allowed by giving them the required time to adjust
Legal procedures can be lengthy and require patience and proper understanding. Make sure that you don’t panic or try to hurry things up thing as it may cause you trouble.
Adoptive parents must be prepared for long-term financial responsibilities. Make sure you are making this decision only after reviewing your financial health and not in short term but in long term.
Open and honest communication about adoption is important for the child’s emotional well-being.
Proper support and planning help ensure a stable and loving future for the family.
How a Lawyer Can Help in Adoption Cases
A lawyer can play a key role in the adoption process, but you must ensure that they have all the required knowledge of the law and a good track record in handling adoption cases. A lawyer helps in preparing and verifying legal documents, guiding adoptive parents through court procedures, and ensuring that all legal requirements are met.
They also assist in dealing with government authorities and adoption agencies, reducing delays and errors. In case of any legal complications, a lawyer can provide proper advice and represent you in court.
Conclusion
The Adoption Act in India is a powerful tool for building a family that was incomplete before. It transforms the lives of children who have lost their families at very young age and fulfills the dreams of couple who wish to be parents but can not have their own child due to several factors. While the legal journey involves many steps and a fair amount of patience, the result is a legally secure family bond that can never be broken.