In India, the law surrounding child adoption is a well-defined legal procedure that ensures a smooth transition for both the adoptive and birth parents while safeguarding the child’s rights. Whether an individual, husband, wife, or couple decides to raise a child, they must go through a structured process that requires them to fully commit to the responsibilities of being a parent.
The decision to adopt is not merely about welcoming a child into one’s family, but also about fulfilling the legal and emotional obligations that come with it. Adoption laws ensure that those who agree to take this step are well-prepared to provide for the child’s welfare, keeping in mind the impact on all involved parties.
The effects of adoption extend beyond the immediate process, influencing the child’s upbringing and the overall dynamics of the adoptive household. The guidelines in place aim to create a supportive and nurturing environment, ensuring that every child, regardless of their circumstances, receives the care they deserve.
Who is Allowed to Adopt a Child in India?
Under the Child Adoption Act, only Hindus who fulfill specific criteria can legally become an adopter. According to the Hindu Minority and Guardianship Act (1956), an individual must have the capacity to offer care and meet the necessary specifications for a legally valid adoption.
Over time, child adoption has become prevalent across the globe, with couples and singles finding it increasingly normal to share their lives with adopted children. Whether due to personal reasons, an inability to have kids, or a desire to support and raise a child, many Indians have moved past the old taboo and embraced adoption.
The process is closely monitored by the Central Adoption Resource Authority, which regulates both intra-country and related procedures, ensuring everything is done with proper regard to the law. Their guidelines help make the adoption journey smoother for all parties involved.
- Adoption laws in India define eligibility based on citizenship, gender, and marital status.
- Both single individuals and couples can adopt if they meet the required legal conditions.
- The age difference between the adoptive parent and the child must comply with legal requirements.
- It is important that the child follows the guidelines set by the central government for adoption.
- The child must meet the requisites to be declared legally free before adoption can proceed.
- Only orphaned, surrendered, or abandoned children can be considered, with authorities confirming their status before placement.
- These legal provisions ensure that every adoption is ethical and in the child’s best interest.
Legal Adoption Criteria Under the 1956 Hindu Adoption and Maintenance Act
For an adoption to be legally valid under Hindu law, the prospective adoptive parent must willingly accept the child and ensure that the individual placing them for adoption is competent to do so. Additionally, the adoptive kid must be eligible to be adopted lawfully, meeting all legal conditions.
The process is only complete once the actual giving and taking of the child is performed through a ceremony known as Data Homan, an oblation to the fire, signifying the formal transfer. While these considerations are significant, not all of them are crucial to determining the legality of every adoption case.
Understanding Capacity in the Juvenile Justice Act, 2015
- Orphan, abandoned, and surrendered children can be adopted by a couple or a single parent.
- If adoption is done under HAMA, separate provisions apply.
- Under the JJ Act, 2015, and AR, 2017, the Child Welfare Committee can legally declare an OAS child free for adoption.
- Children up to 18 years of age can be adopted under these laws.
- Prospective Adoptive Parents (PAP) must be physically fit, financially sound, and mentally alert to ensure the child’s well-being.
- Consent of both spouses is mandatory for couples wishing to adopt.
- A single or divorced individual can adopt under CARA regulations.
- A single male is not allowed to adopt a girl child.
- A stable marital relationship of at least two years is required before a child can be placed for adoption.
- Once all conditions are met, necessary documents must be submitted.
- The Adoption Order under Section 61 of the JJ Act, 2015, finalizes the adoption process and makes it legally binding.
Who Can Give a Child Up for Adoption?
- The father can place a child for adoption with the mother’s approval, provided she is alive.
- A husband can give a child for adoption without the consent of his wife if:
- He is the only parent.
- The wife has publicly and utterly abandoned the world.
- The wife has renounced Hinduism.
- She has been declared insane by an appropriate court.
- A wife can give a child for adoption without her husband’sconsent if:
- Their marriage has been dissolved.
- The husband is deceased.
- He has forsaken the world or abandoned the child.
- He has been declared mentally ill by an appropriate court.
- A legal guardian may provide a child for adoption if both parents are:
- Deceased.
- Have completely given up on life.
- Have been declared mentally ill by an appropriate court.
- The welfare of the child is a priority, ensuring that the adoptive parents can meet the child’s needs and wants based on their age and level of awareness.
Eligibility Criteria for Adoption Under the Hindu Adoption and Maintenance Act, 1956 - The child or person must be a Hindu to be adopted under this Act.
- He or she must not have been adopted previously.
- The individual must be unmarried, unless there is a usage or custom that allows them to become parents after marriage.
- The child must be below the age of 15, unless a custom or usage permits adoption of those older than 15 under the applicable adoption laws.
Additional Conditions for Approval of Adoption
For a legal adoption, specific criteria must be met to ensure the well-being of the child. If a son is being adopted, the adoptive parent must not have a living male descendant in the direct line, and if adopting a female, the daughter of the adoptive father must not be present at the time of the adoption under Hindu law.
The adoptive father must be at least 21 years older than the adopted boy if he is a male parent. Furthermore, no more than one parent can adopt a child simultaneously, and the child must be officially placed for adoption, severing ties with their birth family to comply with legal laws and regulations.
Wrapping Up
There has been a tremendous improvement in adoption laws for Hindus, strengthening both the legal framework and the position of women in society. However, Muslims face legal limitations in adopting a child due to the absence of a Uniform Civil Code on adoption. Implementing a Uniform Civil Code would enable all religions in India to legally adopt, benefiting childless parents and ensuring proper care, protection, and a bright future for the adopted child. While the adoption process remains complex, such reforms could guarantee education, security, and a fulfilling life for parentless children.