Are you considering adopting a child?
Here are some of the basic rules you
need to know about this process.
Who is allowed to adopt a child?
In India, an Indian, Non Resident Indian (NRI), or a foreign citizen may adopt a child.
There are specific guidelines and documentation for each group of prospective
adoptive parents. A single female or a married couple can adopt a child. In India, a
single male is usually not eligible to be an adoptive parent. An exception to this rule
is the noted dance instructor Sandip Soparrkar, who has recently adopted a young
boy. This is a special case rather than the norm. A single man desiring to adopt a
child may be eligible if he applies through a registered agency. However, he will still
only be able to adopt a male child.
What are the conditions to be fulfilled by an adoptive parent?
An adoptive parent should be medically fit and financially able to care for a child. A
person wishing to adopt a child must be at least 21 years old. There is no legal upper
age limit for parents but most adoptive agencies set their own benchmarks with
regard to age. For a child who is less than a year old, the adoptive parents can have
a maximum combined age of 90 years. Also, neither parent must be older than 45
years.
In the case of adoption of older children, the age of the parents may be relaxed
accordingly. For example, for a one-year-old child, the age limit is 46 years, for a
two-year-old child, it is 47 years and so on. The upper age limit for an adopted child
is 12 years while for an adoptive parent it is 55 years. In the case of an adopted child
with special needs, the age limit may be relaxed marginally by the state government,
depending on the evaluation of the case. However, in all cases, the age of the parent
cannot exceed 55 years.
What are the laws governing adoption?
Indian citizens who are Hindus, Jains, Sikhs, or Buddhists are allowed to formally
adopt a child. The adoption is under the Hindu Adoption and Maintenance Act of
1956. Under this act, a single parent or married couple are not permitted to adopt
more than one child of the same sex. Foreign citizens, NRIs, and those Indian
nationals who are Muslims, Parsis, Christians or Jews are subject to the Guardian
and Wards Act of 1890. Under this act, the adoptive parent is only the guardian of
the child until she reaches 18 years of age.
Foreign citizens and NRIs are supposed to formally adopt their child according to the
adoption laws and procedures in the country of their residence. This must be carried
out within two years of the individual becoming a child's guardian. There is also a
Juvenile Justice Act of 2000, a part of which deals with adoption of children by non-
Hindu parents. However, this act is applicable only to children who have been
abandoned or abused and not to those children who have been voluntarily put up for
adoption.
Can a parent ask for a specific child?
An adoptive parent is allowed to ask for a child, as per her preferences. For example
a parent may ask for a child of a certain age, gender (if it is the first child in the
family), skin colour, religion, special features, health condition, etc. However, greater
the specifications, more difficult it is to find a child who conforms to them. This
restricts the pool of children available for adoption.
Depending on the adoptive parent's desired details, children are scrutinised to find a
suitable match. When a child with the desired characteristics is found, she is shown
to the prospective parents. In case the parents are unhappy with the selection, about
two more children with the same characteristics may be presented to the parents.
The entire adoption process takes some months to complete. However, when all the
hurdles are cleared, you are ready to welcome your new child to the family.
Examples
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Cara
CARA
Central Adoption Resource Authority (CARA) is a statutory body of Ministry of Women & Child Development,
Government of India. It functions as the nodal body for adoption of Indian children and is mandated to monitor and
regulate in-country and inter-country adoptions. CARA is designated as the Central Authority to deal with inter-country
adoptions in accordance with the provisions of the Hague Convention on Inter-country Adoption, 1993, ratified by
Government of India in 2003.
CARA primarily deals with adoption of orphan, abandoned and surrendered children through its associated /recognised
adoption agencie
Dhamini Ratnam
