Procedure for Adoption of a Child Within Family in India

Adoption within family, or kinship adoption, is a process that keeps the child connected to their biological roots while offering them a nurturing environment in a close family setting. Whether motivated by the loss of a child’s parents or a desire to provide a stable, secure future, adopting within the family can be a rewarding journey. However, it also involves navigating a complex legal landscape, making it essential to understand the specific steps and documentation required.

In India, the adoption process, even within families, is governed by strict legal frameworks to protect the rights and welfare of both the child and the adoptive family. This guide will walk you through each stage of the adoption process within the family in India, exploring eligibility requirements, the role of legal bodies, necessary documentation, and the specific procedures involved. 

What is Family or Kinship Adoption?

Family adoption, also known as kinship or relative adoption, refers to the legal adoption of a child by a family member such as an aunt, uncle, or grandparent. Unlike unrelated adoptions, kinship adoption provides continuity in the child’s life, allowing them to maintain their bond with familiar individuals and avoid drastic changes.

According to the Juvenile Justice (Care and Protection of Children) Act, 2015, kinship adoption is often considered a preferable option for children who are orphaned or whose biological parents cannot care for them. This Act, along with the Hindu Adoption and Maintenance Act (HAMA), 1956, and the Guardian and Wards Act, 1890, establishes guidelines for the legal adoption process.

Eligibility for Family Adoption in India

To adopt a child within the family in India, prospective adoptive parents must meet specific eligibility requirements:

1. General Eligibility: Prospective adoptive parents must be of sound mind, financially stable, and at least 25 years older than the child. The prospective adoptive parents’ health, financial status, and social reputation are also considered to ensure a suitable environment for the child.
2. Single Parents: While single parents can adopt, a single male cannot adopt a girl child. Single parents must also satisfy additional age and financial requirements.
3. Married Couples: Both partners in a married couple must consent to the adoption. They must have been in a stable marital relationship for at least two years. The composite age of the couple also affects their eligibility, with limits differing based on the child’s age.
4. Relationship to the Child: Only certain relatives are eligible to adopt. Under the Juvenile Justice (Care and Protection of Children) Act, 2015, a relative eligible for adoption includes a paternal or maternal aunt or uncle, or a grandparent.

These criteria ensure that the adoptive parents can provide a nurturing, stable environment for the child, maintaining continuity with family ties.

Laws Governing Family Adoption in India

Several laws govern family adoption in India, ensuring the process is legally binding and secures the child’s rights. Key laws include:

The Hindu Adoption and Maintenance Act (HAMA), 1956

This law governs adoptions within Hindu families, including Jains, Buddhists, and Sikhs. It defines the rights and responsibilities of adoptive parents and requires that adoption follows a formal legal process.

Guardian and Wards Act, 1890

For Muslims, Parsis, Christians, and Jews, formal adoption is not recognised under personal law. However, the Guardian and Wards Act allows guardianship, which provides some legal benefits, though it does not grant the same inheritance rights as biological children.

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

This Act is a secular law applicable to all communities in India. It streamlines adoption procedures through CARA, the Central Adoption Resource Authority, which oversees and regulates adoptions to ensure transparency and child welfare.

Central Adoption Resource Authority (CARA) Guidelines

Central Adoption Resource Authority establishes the guidelines for both domestic and intercountry adoptions. The body’s regulations ensure standardised procedures and address issues such as eligibility, necessary documentation, and verification requirements.

These laws provide a foundation for family adoptions, helping to safeguard the child’s welfare while establishing the adoptive parents’ legal rights and responsibilities.

Steps in the Procedure for Adoption Within Family

The adoption procedure within the family in India involves multiple steps, starting with registration and culminating in a court-issued adoption order. Each step is crucial for ensuring compliance with the law and securing a legally recognised adoption.

Step 1: Registration with CARINGS

To begin the adoption process, prospective adoptive parents must register with CARINGS (Child Adoption Resource Information and Guidance System), a portal managed by CARA. This registration step is mandatory, even for family adoptions, to ensure transparency and maintain an official record.

Step 2: Submission of Documents to District Child Protection Unit (DCPU)

After registration, adoptive parents must submit necessary documents to the District Child Protection Unit (DCPU). These documents include proof of residence, financial statements, medical certificates, and any additional information required by CARA to assess the parents’ suitability.

Step 3: Obtaining Consent from Biological Parents or Child Welfare Committee

If the child’s biological parents are alive, their written consent is required. In cases where the biological parents are deceased or incapable of providing consent, permission must be obtained from the Child Welfare Committee (CWC). This consent, recorded in Schedule XIX or XXII, is essential for moving forward with the adoption.

Step 4: Consent of the Child (if above 5 years)

For children aged 5 and above, their consent is required as per the Adoption Regulations of 2017. This step respects the child’s autonomy and ensures they understand and agree to the adoption, as much as their age permits.

Step 5: Filing a Court Petition

The next step is filing a petition in the competent court, which may be the Family Court, District Court, or City Civil Court. This petition, filed under section 56(2) of the Juvenile Justice Act, must include the consent form, affidavits regarding the prospective adoptive parents’ financial and social status, and all required documents from Schedule VI.

Step 6: Verification by the Court

The court verifies that all conditions of adoption, as per the Juvenile Justice Act, have been met. Section 61 mandates that the court confirm the following:

• The adoption promotes the child’s well-being.
• The child has provided consent (if applicable).
• No monetary compensation has influenced the adoption, apart from authorised fees.

The court also holds the proceedings “in camera” to protect the child’s privacy and strives to complete the process within two months.

Step 7: Obtaining the Certified Adoption Order

Once the court approves the adoption, a certified adoption order is issued to the adoptive parents. This order is then submitted to the DCPU, which uploads the order to the CARA system, finalising the adoption’s official status.

Step 8: Application for Birth Certificate

With the adoption order in hand, adoptive parents can apply for a birth certificate for the child, formally listing them as the child’s legal parents. This certificate is a crucial legal document, affirming the adoption’s completion.

Documentation Required for Family Adoption in India

Documentation is essential to verify the adoptive parents’ eligibility and ensure the child’s welfare. The key documents required for in-country family adoptions include:

1. Proof of Residence: Government-issued ID or utility bills proving the adoptive parents’ address.
2. Consent Forms: Consent from the biological parents or legal guardians, as outlined in Schedule XIX of the Adoption Regulations 2017.
3. Medical Reports: Certificates confirming that the prospective adoptive parents are in good health.
4. Affidavits: Statements regarding financial status, social standing, and the adoptive parents’ relationship to the child.
5. Certified Adoption Order: Issued by the court, this document finalises the adoption.
6. Birth Certificate Application: Submitted after receiving the adoption order, this application updates the child’s legal identity.

Challenges in Adopting a Child Within Family in India

Although family adoptions are generally smoother than unrelated adoptions, they still present challenges:

1. Legal Complexities: Navigating the legal requirements can be time-consuming and complex, especially for families unfamiliar with legal processes.
2. Consent Issues: In some cases, obtaining consent from biological parents or other family members can be sensitive and emotionally challenging.
3. Emotional Adjustment: Both the adoptive family and the child may face adjustment difficulties, especially if the child has experienced trauma.
4. Extended Family Dynamics: Family adoption may lead to involvement from other relatives, potentially leading to disagreements on the child’s upbringing.
5. Financial Responsibility: Providing for a child entails significant financial responsibilities, including education, healthcare, and day-to-day needs.

Despite these challenges, family adoption remains a beneficial choice, offering a stable environment for the child while preserving family ties.

Central Adoption Resource Authority and Its Role in Family Adoptions

The Central Adoption Resource Authority (CARA) is a statutory body established by the Ministry of Women & Child Development in India. CARA plays an essential role in both domestic and intercountry adoptions, ensuring compliance with Indian laws and the Hague Adoption Convention, to which India is a signatory. CARA oversees the CARINGS platform, verifies documents, and issues guidelines for adoption procedures, ensuring a streamlined process. Additionally, CARA’s oversight prevents illegal adoptions, ensuring that every child receives the full protection of the law.

Conclusion

The procedure for adopting a child within the family in India, while intricate, provides a secure pathway for children to grow within a stable family environment. Family adoption not only safeguards the child’s best interests but also ensures they maintain their cultural and familial ties. By following the legal process, prospective adoptive parents can complete the adoption smoothly, gaining both legal recognition and long-term security for the child.

Adopting within family can be a fulfilling decision, offering love and stability for the child while preserving their connection to familiar faces and heritage. Observing the legal requirements not only ensures a smooth transition but also builds a foundation for a harmonious and legally protected family structure. With the support of CARA, DCPUs, and family courts, kinship adoptions in India continue to provide children with the warmth, love, and belonging they deserve.