Adoption of an Orphan Child in India

Adoption is a noble act that enables individuals or couples to provide a permanent home and family to a child who has been orphaned, abandoned, or surrendered. In India, where many children are left without parents due to various socio-economic factors, adoption offers a pathway for these children to grow up in a loving and nurturing environment. However, adoption is a legally regulated process to ensure that the rights of both the child and the adoptive parents are protected.

Adoption in India

Adoption in India is not just a humanitarian act but a legal process that involves transferring all parental rights from the biological parents or a legal guardian to the adoptive parents. It ensures that the adopted child becomes the lawful child of the adoptive parents with all rights, privileges, and responsibilities similar to those of a biological child. 

This legal framework serves two main purposes: it provides orphaned, abandoned, or surrendered children with a family and ensures that adoption is carried out in a manner that safeguards the best interests of the child.

The adoption laws in India are governed by several statutes, depending on the religious affiliation of the prospective adoptive parents and the children. While the Hindu Adoption and Maintenance Act (HAMA), 1956 governs adoptions among Hindus (which includes Sikhs, Buddhists, and Jains), adoptions for other religious communities (such as Muslims, Christians, and Parsis) are regulated by secular laws like the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Guardians and Wards Act, 1890. The Central Adoption Resource Authority (CARA), under the Ministry of Women and Child Development, is the nodal body that monitors and regulates adoption procedures in India.

Laws Governing for Adoption in India

India’s adoption system is primarily regulated by two significant laws:

The Hindu Adoption and Maintenance Act (HAMA), 1956

This act applies to Hindus, Buddhists, Sikhs, and Jains. It outlines the legal process for adopting a child and the rights and obligations of the adoptive parents. The act allows only a legally competent Hindu to adopt a child, and specific conditions must be met concerning the age, gender, and marital status of the adopting person or couple.

The Juvenile Justice (Care and Protection of Children) Act, 2015 

This act provides a secular, overarching framework for the adoption of children in India, irrespective of the religion of the adoptive parents. It includes provisions for the adoption of orphaned, abandoned, and surrendered children through a legally recognised process. The Juvenile Justice Act, 2015, replaced the earlier version of the act, bringing in stricter regulations and more streamlined processes to ensure that children’s rights are protected during adoption.

The Guardians and Wards Act, 1890

This act allows non-Hindu parents (such as Muslims, Christians, Parsis, and Jews) to adopt children under a system of guardianship rather than full legal adoption. Under this law, adoptive parents become guardians, and while they care for the child, the child does not inherit the full legal rights of a biological child. However, many people from these communities now opt for adoption under the Juvenile Justice Act instead of following the guardianship route, as it grants full legal rights to the adopted child.

The Central Adoption Resource Authority (CARA)

The Central Adoption Resource Authority (CARA) is the apex body responsible for overseeing and regulating all adoptions in India. CARA works under the Ministry of Women and Child Development and ensures that adoptions are conducted transparently and in accordance with the legal provisions set out by Indian laws and international conventions. CARA also facilitates both in-country and inter-country adoptions.

CARA plays a crucial role in ensuring that the adoption process prioritises the best interests of the child. It has developed a web-based management system called Child Adoption Resource Information and Guidance System (CARINGS), which manages the entire adoption process online, from registration to post-adoption follow-ups.

Procedure of Adoption in India

The procedure for adopting an orphaned or abandoned child in India can be broken down into several steps, each designed to ensure transparency, legality, and the protection of the child’s rights. The process is monitored by CARA, and the following steps outline the typical procedure for adoption under the Juvenile Justice Act, 2015:

1. Registration: Prospective adoptive parents (PAPs) must register themselves on CARA’s online portal, CARINGS (Child Adoption Resource Information and Guidance System). Registration is the first mandatory step for adoption in India. PAPs are required to provide essential details, including personal information and preferences related to the child’s age, gender, and background.
2. Home Study Report (HSR): After registration, a Home Study Report (HSR) is conducted by a social worker from the Specialised Adoption Agency (SAA) or Recognised Indian Placement Agency (RIPA). This report assesses the physical, emotional, and financial capability of the prospective adoptive parents to provide a stable and supportive environment for the child. The HSR must be completed within 30 days from the date of registration, and it is valid for three years. In case of no referral during this time, PAPs must revalidate the HSR.
3. Referral of a Child: Once the HSR is approved, PAPs can view the profiles of children who are legally free for adoption through CARINGS. The profiles include medical reports, photographs, and other necessary details of the children. PAPs can reserve one child for adoption within 48 hours, after which they are required to visit the Specialised Adoption Agency to meet the child in person.
4. Child Acceptance: Upon visiting the adoption agency and meeting the child, PAPs are given time to consider the match. If they accept the child, they must complete a formal acceptance document, which is a critical legal step in the process.
5. Filing a Petition: After accepting the child, the adoption agency assists PAPs in filing an adoption petition in the local court. This petition is essential for obtaining a court order that legally finalises the adoption. A lawyer typically prepares and submits the petition.
6. Pre-Adoption Foster Care: Before the court hearing, PAPs take the child into pre-adoption foster care. This period allows the family and the child to bond and adjust to the new environment. The foster care arrangement is temporary until the court issues a final adoption order.
7. Court Hearing: The adoptive parents and the child must attend a court hearing. The judge reviews the case, ensuring that all legal procedures have been followed and that the adoption is in the best interest of the child. The court may ask the parents a few questions before issuing a final adoption order.
8. Court Order: Upon satisfactory review, the judge issues an adoption decree. This court order legally grants the adoptive parents all rights and responsibilities toward the child, making the child a legal member of their family.
9. Post-Adoption Follow-Up: After the adoption is finalised, the adoption agency is required to submit post-adoption follow-up reports to CARA for a period of two years. These reports assess the child’s well-being and adjustment in the new family environment.

Eligibility Criteria for Adoptive Parents

Adoption laws in India are quite stringent when it comes to eligibility, to ensure that adoptive parents are capable of providing the necessary support and care for the child. The criteria for prospective adoptive parents (PAPs) are as follows:

General Criteria

• PAPs must be physically, mentally, emotionally, and financially stable.
• They should not have any life-threatening medical conditions.
• PAPs must not have been convicted of any criminal offenses or be involved in cases of child rights violations.

Marital Status

• Both married couples and single individuals can adopt. However, a single male cannot adopt a girl child.
• Married couples must have been in a stable marital relationship for at least two years.
• The consent of both spouses is required in the case of a married couple.

Age Criteria

The maximum age for prospective adoptive parents is determined based on the age of the child they wish to adopt. For example:

• For children up to 2 years of age, the combined maximum age of the couple should not exceed 85 years, and for a single parent, it should not exceed 40 years.
• For children between 2 and 4 years, the combined age should not exceed 90 years, and for single parents, it should not exceed 45 years.
• The minimum age difference between the child and either of the adoptive parents should be at least 25 years.

Adoption of Special Needs Children

India’s adoption laws also make provisions for the adoption of children with special needs, such as those with physical or mental disabilities or those from difficult socio-economic backgrounds. Special needs children are often placed with adoptive families through the same process as other children, but they are prioritised for adoption due to their vulnerable status. In some cases, couples with two or more children are eligible to adopt special needs children, even if they do not qualify for other adoptions.

Inter-Country Adoption

India is also a popular destination for inter-country adoptions, where foreign nationals or Non-Resident Indians (NRIs) adopt children from India. The Hague Adoption Convention, to which India is a signatory, governs inter-country adoptions, ensuring that such adoptions are carried out ethically and in the best interests of the child. CARA regulates inter-country adoptions, and the process typically follows these steps:

1. Foreign adoptive parents must approach an Authorised Foreign Adoption Agency (AFAA) in their country.
2. The AFAA liaises with CARA and coordinates the adoption process.
3. Children not placed with Indian parents within a stipulated time (60 days for children below 5 years and 30 days for older children or those with special needs) become eligible for inter-country adoption.

The procedure for inter-country adoptions follows a similar pattern as in-country adoptions, but with added steps for international legal compliance.

Challenges in the Adoption Process

While the adoption of orphan children in India is a critical step toward providing these children with a better future, the process is not without its challenges. Some of the primary hurdles include:

1. Lengthy Procedures: The adoption process in India, while thorough, can often be time-consuming, causing delays that may deter prospective adoptive parents.
2. Legal Complexities: Navigating the different adoption laws, especially for those from various religious backgrounds, can be confusing and challenging.
3. Social Stigma: Despite increasing awareness and acceptance, adoption is still seen with some degree of stigma in certain parts of India.
4. Lack of Awareness: Many prospective adoptive parents are not fully aware of the legal procedures and requirements, leading to misunderstandings and complications.

Conclusion

Adopting an orphaned or abandoned child in India is a compassionate act that can provide a child with a new lease on life. However, it is essential to understand that adoption is a legally regulated process, designed to protect both the child and the adoptive parents. The Indian legal framework ensures that adoptions are conducted transparently, ethically, and in the best interests of the child.

By following the guidelines laid out in laws such as the Juvenile Justice Act, 2015, and working through organisations like CARA, prospective adoptive parents can navigate the adoption process with confidence. While there are challenges to the process, the rewards of providing a child with a loving family far outweigh any hurdles.